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Full-Text Articles in Law

Ndls Update 12/1999, Notre Dame Law School Dec 1999

Ndls Update 12/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 11/1999, Notre Dame Law School Nov 1999

Ndls Update 11/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Red Mass Invitation 1999, Notre Dame Law School Oct 1999

Red Mass Invitation 1999, Notre Dame Law School

The Red Mass

Bishop John M. D'Arcy and The Diocese of Fort Wayne-South Bend Requests The Honor Of Your Presence And That Of Your Guest At The Celebration Of A Red Mass For Lawyers, Judges, And Civil Government Officials To Be Held At The Cathedral Of The Immaculate Conception On Sunday, October 3, 1999 at 9:30 A.M. the Renewal Of This Ancient Tradition In Which God's Blessing Is Asked On All Those Who Serve The Law Will Be Followed By A Brunch At The Grand Wayne-Center.

The President Of The University Of Massachusetts, William Bulger, (Formerly President of the Massachusetts State Senate) Will …


Ndls Update 10/1999, Notre Dame Law School Oct 1999

Ndls Update 10/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Nd Law: Class Of 2002 Orientation Manual, Notre Dame Law School Oct 1999

Nd Law: Class Of 2002 Orientation Manual, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2002: As Associate Dean for Academic Affairs, it is my privilege to welcome all of you to Notre Dame Law School. I know you will find the next three years exciting and challenging and I am sure I speak for the entire Notre Dame community when I say that it is a pleasure to have you join us. Let me also take this opportunity to give you some information on the role of the academic dean. The Associate Dean for Academic Affairs is responsible for administering the academic program here at the …


Ndls Update 09/1999, Notre Dame Law School Sep 1999

Ndls Update 09/1999, Notre Dame Law School

NDLS Update

No abstract provided.


154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame Aug 1999

154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

154th University of Notre Dame Commencement and Mass Program

Summer


Hoynes Code, The, Patricia A. O'Hara Aug 1999

Hoynes Code, The, Patricia A. O'Hara

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.


Bulletin Of Information, University Of Notre Dame Law School 1999–2000, Volume 94, Number 5, Notre Dame Law School Aug 1999

Bulletin Of Information, University Of Notre Dame Law School 1999–2000, Volume 94, Number 5, Notre Dame Law School

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

Security Information for Notre Dame Security/Police

Nondiscriminatory Policy


154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame May 1999

154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

154th University of Notre Dame Commencement and Mass Program including Law School awards


Ndls Update 05/1999, Notre Dame Law School May 1999

Ndls Update 05/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Associate Professor Patrick J. Schiltz, Diploma Ceremony Address, Notre Dame Law School May 1999

Associate Professor Patrick J. Schiltz, Diploma Ceremony Address, Notre Dame Law School

Commencement Programs

Commencement Speech by BY ASSOCIATE PROFESSOR PATRICK J. SCHILTZ, RECIPIENT OF THE 1999 LAW SCHOOL DISTINGUISHED TEACHER AWARD.


Ndls Update 03/1999, Notre Dame Law School Mar 1999

Ndls Update 03/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 02/1999, Notre Dame Law School Feb 1999

Ndls Update 02/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Ndls Update 01/1999, Notre Dame Law School Jan 1999

Ndls Update 01/1999, Notre Dame Law School

NDLS Update

No abstract provided.


Law Library Guide 1999–2000, Kresge Law Library, Research Services Department Jan 1999

Law Library Guide 1999–2000, Kresge Law Library, Research Services Department

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.


Bulletin Of The Ll.M. Program In International And Comparative Law 1999, Notre Dame Law School Jan 1999

Bulletin Of The Ll.M. Program In International And Comparative Law 1999, Notre Dame Law School

Bulletins of Information

In 1968, Notre Dame established the first, and still the only, full-time branch of an American law school outside the United States. This program, located in the heart of London, England, now has three components - a yearlong component of the J.D. program, a summer program, and the master of laws (LL.M.) graduate program in international and comparative law.


In Memoriam: Justice Lewis F. Powell, Jr. - A Tribute, Kenneth F. Ripple Jan 1999

In Memoriam: Justice Lewis F. Powell, Jr. - A Tribute, Kenneth F. Ripple

Journal Articles

In remembering Justice Powell, my memory invariably recalls three distinct images from the years I spent at the Supreme Court. Two of these memories are from my own work with him. The other is from my observation of him on the bench. In the days since his death this past autumn, all three have sparked a great deal of reflection about his enduring contribution to our jurisprudence and to our profession.


The Erie Doctrine Revisited: How A Conflicts Perspective Can Aid The Analysis, Joseph P. Bauer Jan 1999

The Erie Doctrine Revisited: How A Conflicts Perspective Can Aid The Analysis, Joseph P. Bauer

Journal Articles

I have taught Civil Procedure for the past twenty-five years. Having returned to teaching Conflict of Laws last year, after not having taught that course since the mid-1980s, I was interested in re-examining the Erie doctrine from the vantage point of both of these subject areas. My goal was to see whether a combination of learning from these two related disciplines would introduce additional coherence into the analysis of this topic.

In one sense, the Erie doctrine and traditional choice of law determinations present analogous questions, since they both involve making a selection between competing legal rules. Choice of law …


Legal Writing In The New Millennium: Lessons From A Special Teacher And A "Special Classroom", Kenneth F. Ripple Jan 1999

Legal Writing In The New Millennium: Lessons From A Special Teacher And A "Special Classroom", Kenneth F. Ripple

Journal Articles

After receiving the invitation to address this conference, I found my thoughts often returning to my own education in legal writing. As I recall, my legal writing experience in law school was not a very intensive—or positive—one. As was quite typical in that era (almost thirty-three years ago), the program at my law school was not very extensive: we wrote a memorandum of law and a brief under the guidance of a graduate law student.

My real legal writing education took place in the study of the Chief Justice of the United States. For the better part of five years, …


Covenant And Contract, Steven Nock, Margaret F. Brinig Jan 1999

Covenant And Contract, Steven Nock, Margaret F. Brinig

Journal Articles

In this article we ask, "What distinguishes a covenant from a mere contract, and what role does this distinction play for natural law?" Both of us have thought substantially about covenant over the past several years. The concept of covenant comes to us originally from religious sources, so we have paid explicit attention to what the Bible and organized religion have to say about covenant. We have also drawn from our own disciplines of law, economics, and sociology as they explain or draw from the initial concepts.

Covenant is a concept that takes us beyond contract. Indeed, the idea that …


What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis Jan 1999

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …


Plea Bargaining And The Criminal Defendant's Obligation To Plead Guilty, Gerard V. Bradley Jan 1999

Plea Bargaining And The Criminal Defendant's Obligation To Plead Guilty, Gerard V. Bradley

Journal Articles

One criticism of plea bargaining holds that: "So long as defendants routinely expect to receive some form of sentencing consideration in exchange for an admission of guilt, the essence of a system of bargain justice is present."

Taken as a criticism ― that "bargain justice" is defective justice and that the "routine" upon which it depends should be significantly reduced, or eliminated ― this view is quite mistaken. On the assumption (which I believe to be true, but for which I do not argue here) that a large majority of the criminally accused are in reality guilty, many ― and …


Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley Jan 1999

Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley

Journal Articles

Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …


Retribution: Punishment's Formative Aim, John M. Finnis Jan 1999

Retribution: Punishment's Formative Aim, John M. Finnis

Journal Articles

This Article explores the theoretical underinnings of punishment, in light of statements made about punishment in the works of Friedrich Nietzsche.


Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley Jan 1999

Parental Rights And The Ugly Duckling, Margaret F. Brinig, F. H. Buckley

Journal Articles

Hans Christian Andersen's "The Ugly Duckling" is best remembered for its moral, "To be born in a duck's nest, in a farmyard, is of no consequence to a bird, if it is hatched from a swan's egg." Having read and thought about this story many times, we should like to suggest another, less heart-warming, interpretation. The story of the Ugly Duckling, that most resilient of cygnets, masks the tragedy of children who suffer abuse. Its message, that personal spirit will triumph when a child grows up, misrepresents the experience of many victimized children. If we wait for the child to …


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Jan 1999

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Journal Articles

The first thing Niebuhr and Guttman are telling us to do is to look around and figure out what is going on around us. With that in mind, it has seemed to me that, at the simplest, a lawyer (or a journalist) functions in at least four communities, any one of which might be a community to talk about lawyers' moral questions in.

My inquiry, then, is an inquiry in communitarian legal ethics, using a Guttman-Niebuhr focus on responsibility. I infer a further question about communities of moral discernment—that is, not only where a modern lawyer is responsible but also …


"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds Jan 1999

"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds

Journal Articles

Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important - and how varied - the process of mentoring has been and continues to be for the growth and evolution of the profession.


The Constitutional Dilemma Of Litigation Under The Independent Counsel System, William K. Kelley Jan 1999

The Constitutional Dilemma Of Litigation Under The Independent Counsel System, William K. Kelley

Journal Articles

The independent counsel system as established by the Ethics in Government Act of 1978 has put different components of the executive branch, such as the President and Department of Justice in the position of litigating against a special counsel. Litigation is not only a bad idea, it also gives rise to a serious constitutional dilemma. It either violates Article III because there is insufficient adversity to support litigation between the parties. Or it violates Article II, by preventing the President and his subordinates from controlling central functions of the executive branch, and places the independent counsel, an inferior officer, in …


Tribute To The Honorable Richard Sheppard Arnold For His Service As Chief Judge Of The United States Court Of Appeals For The Eighth Circuit, Richard W. Garnett Jan 1999

Tribute To The Honorable Richard Sheppard Arnold For His Service As Chief Judge Of The United States Court Of Appeals For The Eighth Circuit, Richard W. Garnett

Journal Articles

The Honorable Richard S. Arnold was appointed by President Carter in October 1978 to the District Bench for the Eastern and Western Districts of Arkansas and elevated to the United States Court of Appeals for the Eighth Circuit in 1980, where he serves with his brother, the Honorable Morris S. Arnold. Judge Richard Arnold served as Chief Judge of the Eighth Circuit from January 8, 1992 to April 17, 1998. A graduate of Yale College and Harvard Law School, Judge Arnold clerked for Justice William Brennan of the United States Supreme Court from 1960-1961. He was an associate at Covington …