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Articles 1 - 30 of 55
Full-Text Articles in Law
Ndls Update 12/2001, Notre Dame Law School
Ndls Update 11/2001, Notre Dame Law School
Ndls Update 10/2001, Notre Dame Law School
Red Mass Invitation 2001, Notre Dame Law School
Red Mass Invitation 2001, Notre Dame Law School
The Red Mass
Most Rev. Daniel R. Jenky. C.S.C. Auxiliary Bishop of Fort Wayne-South Bend, and the Notre Dame Law School request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers. judges and civil government officials at the Basilica of the Sacred Heart on Sunday. September 30, 200 I at I 0 AM 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 reception at the La Fortune Student Center Ballroom. An invitation is extended to all lawyers. judges, …
Ndls Update 09/2001, Notre Dame Law School
Hoynes Code, The, Patricia A. O'Hara
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.
The Notre Dame Law School Honor Code is included as Appendix A.
Bulletin Of The University Of Notre Dame The Law School 2001–02, Volume 97, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2001–02, Volume 97, Number 4, University Of Notre Dame
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
Ndls Update 08/2001, Notre Dame Law School
156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
156th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
156th University of Notre Dame Commencement and Mass Program including Law School awards
Ndls Update 05/2001-06/2001, Notre Dame Law School
Associate Professor Matthew J. Barrett '82, '85 J.D., Diploma Ceremony Address, Matthew J. Barrett
Associate Professor Matthew J. Barrett '82, '85 J.D., Diploma Ceremony Address, Matthew J. Barrett
Commencement Programs
Commencement Address by Matthew J. Barrett, recipient of the 2001 Law School Distinguished Teaching Award
Ndls Update 04/2001, Notre Dame Law School
Ndls Update 03/2001, Notre Dame Law School
Ndls Update 02/2001, Notre Dame Law School
Ndls Update 01/2001, Notre Dame Law School
Law Library Guide 2001–2002, Kresge Law Library, Research Services Department
Law Library Guide 2001–2002, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz
Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz
Writings
No abstract provided.
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
Journal Articles
On March 6, 2007, the College of William & Mary announced a “compromise” solution to its polite civil war over the historic Wren Chapel. In a joint statement with President Gene Nichol, the Board of Visitors declared that permanent display of the Christian cross within the Chapel would resume. The cross would be moved, however, from its former place at center stage on the Chapel altar. Accompanying the elocated display would be a plaque “explaining the College's Anglican roots.” The compromise further provided that, when needed during certain worship services, the cross could be moved back to the altar. When …
Troxel And The Limits Of Community, Margaret F. Brinig
Troxel And The Limits Of Community, Margaret F. Brinig
Journal Articles
The Troxel grandparent-visitation case that frames this symposium, the Washington statute included in Troxel, the mercifully completed odyssey of Cuban-born Elian Gonzalez, and the "right to die" case of Hugh Finn all illustrate both the fervor with which the broader community justifies its involvement with families and the extremes to which this involvement can spread. Using constitutional language, advocates point out the rights of extended family members to continue or strengthen ties to children, whether adult or minor. On the other side, parents and spouses claim their own rights not to have outsiders second-guess or interfere with their decisions.
Though …
Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny
Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny
Journal Articles
This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in …
In Search Of Prince Charming, Margaret F. Brinig
In Search Of Prince Charming, Margaret F. Brinig
Journal Articles
This response begins by addressing the different perspectives as presented by the panel “Sex, Lies and Exploitation.” One of the panelists, professor Plasencia, presented a powerful and graphic documentation of digital communication’s influence on the sex industry. Some of the images involved explicitly portrayed the sex trade while in others, it was portrayed more subtly as an arranged or mail-order marriage. The author's response to professor Plasencia is mixed. On the one hand, it is rather easy these days for one to mistakenly encounter a sexually explicit website. On the other hand, however, since little information exists on how widespread …
The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer
The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer
Journal Articles
The first Annual Conference sponsored by the American Antitrust Institute featured a number of prominent speakers and explored a number of important issues. The Conference had two principal focuses: substantive questions of antitrust liability and the future direction of public enforcement of the antitrust laws by the Department of Justice's Antitrust Division and by the Federal Trade Commission. However, an issue of at least equal importance was barely discussed, although it has seriously affected the scope and direction of the antitrust laws. That issue: Private enforcement of the antitrust laws, and the significant undermining of those efforts by a number …
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
Journal Articles
Traditionally, judicial review has afforded an important check on the exercise of administrative power. First, judicial review functions to protect the legislative intent behind the statutory authorization of the exercise of administrative power. Pursuant to the conventional model, an administrative agency exercises restricted legislative and judicial functions under judicial scrutiny to insure compliance with congressional intent. Judicial review insures that "a congressional delegation of power . . . must be accompanied by discernible standards, so that the delegatee's action can be measured for its fidelity to the legislative will." Additionally, the opportunity for judicial review of administrative action corrects and …
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Journal Articles
This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."
Chasing Bits Across Borders, Patricia L. Bellia
Chasing Bits Across Borders, Patricia L. Bellia
Journal Articles
As computer crime becomes more widespread, countries increasingly confront difficulties in securing evidence stored in electronic form outside of their borders. These difficulties have prompted two related responses. Some states have asserted a broad power to conduct remote cross-border searches - that is, to use computers within their territory to access and examine data physically stored outside of their territory. Other states have pressed for recognition of a remote cross-border search power in international fora, arguing that such a power is an essential weapon in efforts to combat computer crime. This Article explores these state responses and develops a framework …
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Moving Toward A First-Best World: Minnesota's Position On Multiethnic Adoptions, Margaret F. Brinig
Journal Articles
The best world allows a child to grow to adulthood with biological parents, or at least one parent, who love the child unconditionally and who have resources to support the child. A second-best world allows the child to permanently and completely become part of an extended family that loves him or her and has the resources for supporting and meeting the child's needs. Hopefully this process costs little in terms of time or emotional or physical harm to the child. In traditional third-party adoptions, the child permanently moves and becomes part of (hopefully, at low cost) a family that will …
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett
Journal Articles
Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.
First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.
Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …
On Law And Chastity, Robert E. Rodes
On Law And Chastity, Robert E. Rodes
Journal Articles
When Dwight Eisenhower was President, and the baby boomers of today were but gleams in the eyes of their monogamous parents, it was well understood that chastity was the prevailing social norm.
On the whole, the standard was reinforced by the social ambiance. It was not at all difficult for people of relatively chaste mind to go for days, sometimes weeks, without encountering much of anything at which they could justly take offense. In most environments, social discourse was relatively free of explicit sex, and even sexual innuendo was far from pervasive. Films and broadcasting were closely censored, and detailed …
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Journal Articles
The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.
The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …
With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick
With All Due Deference: What Constitutes The Exercise Of "Independent Judgment" In The Workplace? An Analysis Of Nlrb V. Kentucky River Community Care, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case NLRB v. Kentucky River Community Care, Inc., 532 U.S. 706 (2001). The author expected the Court to examine two issues: (1) What is the appropriate interpretation of the statutory phrase "independent judgment" as used in § 2(11) of the National Labor Relations Act in defining which individuals are supervisors; and (2) Who has the burden of proving that an employee meets the definition of supervisor?