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Full-Text Articles in Law
Law Library Newsletter, Volume 1, Issue 4 – November/December 2009, Kresge Law Library
Law Library Newsletter, Volume 1, Issue 4 – November/December 2009, Kresge Law Library
Law Library Newsletter
We are quickly moving toward the end of the fall 2009 semester. For me and my colleagues in the Kresge Law Library, the end of this semester will mean that we are only one semester away from the completion of the renovation of the “old” law school. As the 2010 spring semester ends, we will be starting to move all of our print volumes and microforms into Biolchini Hall. This edition of the Law Library News contains some photographs of the construction site. The Reading Room ceiling has been finished, and I think the final renovated space will be spectacular. …
Red Mass 2009, Notre Dame Law School
Red Mass 2009, Notre Dame Law School
The Red Mass
The Red Mass October 11, 2009 10:00 am Mass Basilica of the Sacred Heart University of Notre Dame Notre Dame, Indiana
Irish Law 2009, Notre Dame Law School
Irish Law 2009, Notre Dame Law School
About the Law School
We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …
Featured Faculty On Ndls Home Page: Daniel B. Kelly – September 21, 2009, Daniel B. Kelly
Featured Faculty On Ndls Home Page: Daniel B. Kelly – September 21, 2009, Daniel B. Kelly
NDLS in the News
Daniel B. Kelly was a Featured Faculty on NDLS Home Page on September 21, 2009.
Law Library Newsletter, Volume 1, Issue 3 - September/October 2009, Kresge Law Library
Law Library Newsletter, Volume 1, Issue 3 - September/October 2009, Kresge Law Library
Law Library Newsletter
The beginning of the fall 2009 semester marks another benchmark in the physical transformation of the Notre Dame Law School facility. This will be the only complete academic year without dedicated library study and research space and with just one-quarter of our print collection onsite. For first year students, this will mark some changes in the way that we teach legal research. We continue to strive to balance our teaching of various methods of online access to legal information with locating and using traditional print materials. We survey our students annually to monitor what law firms expect in research methods …
Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick
Worker Well-Being In The 21st Century: Addressing The Psychosocial Context Of Work, Barbara Fick
Journal Articles
The world of work has undergone significant change since the days when nation-states first began addressing the issue of worker well-being. Early legal responses (such as worker compensation laws and health and safety regulations) focused on the physical environmental hazards to which workers were subjected, e.g. unsafe machinery or exposure to toxic chemicals. The transformation in the nature of work to a service-oriented economy has led many to rethink the types of hazards to which workers are exposed. Recent research has focused on the psychological and social environment in the workplace and how that may contribute to undermining worker health. …
Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School
Rite Of Blessing Of A Chapel And Anointing Of An Alter, Notre Dame Law School
About the Law School
The blessing rite for the Saint Thomas More Chapel, Eck Hall of Law, University of Notre Dame took place on August 30, 2009.
Presiding: Most Reverend John M. D'Arcy, Bishop, Fort Wayne-South Bend Diocese
Concelebrants:
- Rev. John Coughlin, O.F.M., Professor of Law and Concurrent Professor of Theology
- Rev. John Jenkins, C.S.C., President of the University of Notre Dame
- Rev. Richard Warner, C.S.C., Superior General of the Congregation of Holy Cross
- Rev. Peter Rocca, C.S.C., Rector for the Basilica of the Sacred Heart at the University of Notre Dame
Hoynes Code, The, Notre Dame Law School
Hoynes Code, The, Notre Dame Law School
Hoynes Code
A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL
This code governs legal education at the University of Notre Dame in all programs and in all locations.
Bulletin Of The University Of Notre Dame The Law School 2009–10, Volume 105, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2009–10, Volume 105, 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
Law Library Newsletter, Volume 1, Issue 2 - July/August 2009, Kresge Law Library
Law Library Newsletter, Volume 1, Issue 2 - July/August 2009, Kresge Law Library
Law Library Newsletter
This second issue of Law Library News highlights the dynamic nature of life and work in the Kresge Law Library. Amongst the many pictures of the construction phases of Eck Hall, you will find helpful material gleaned from professional conferences and staff experiences with the continuing evolution of electronic access to information. To me, though, the focus this summer continues to be on our continual quest to provide excellent service to all of our patrons in our transitional environment. That transitional environment includes the impact of our construction project and the changing nature of information delivery. On the construction side, …
Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick
Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Barbara Fick
Journal Articles
This essay addresses the historical and contemporary roles which trade unions have played in creating conditions necessary for democracy to flourish. Their effectiveness in fulfilling these roles is due in large measure to the organizational characteristics which make trade unions the archetypal civil society organization: democratic representation, demographic representation, financial independence, breadth of concerns and placement within society. This essay explores these aspects of the trade union movement and suggests that advocates for democracy have cause for concern in the absence of a vibrant, and independent, domestic trade union movement.
University Of Notre Dame Law School Graduation Prayer Service 2009, Notre Dame Law School, University Of Notre Dame
University Of Notre Dame Law School Graduation Prayer Service 2009, Notre Dame Law School, University Of Notre Dame
Commencement Programs
No abstract provided.
164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
164th Commencement and Mass Program
Saturday, May 16, 2009
Law Library Newsletter, Volume 1, Issue 1 - May/June 2009, Kresge Law Library
Law Library Newsletter, Volume 1, Issue 1 - May/June 2009, Kresge Law Library
Law Library Newsletter
You either have in your hands a printed page or are reading from a screen a copy of volume 1, number 1, of Law Library News and that is entirely appropriate. As the Kresge Law Library continues its physical transformation into the wonderful space that will become its home in Biolchini Hall, those of us who toil here and those of you who benefit from our work on your behalf are also continuing to experience a dramatic transformation in the delivery of legal information. During the 18 months of renovation, two-thirds of the library’s physical collection is located offsite. Yet, …
The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley
The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley
Journal Articles
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …
Law Library Guide 2009–2010, Kresge Law Library, Research Services Department
Law Library Guide 2009–2010, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Edmund P. Edmonds
Writings
No abstract provided.
Proportional Mens Rea, Stephen F. Smith
Proportional Mens Rea, Stephen F. Smith
Journal Articles
This Essay makes the case for "proportional mens rea," a proportionality-based approach to mens rea selection. Proportional mens rea would provide proportionality safeguards that are otherwise entirely lacking in substantive criminal law and,as a practical matter, unavailable in constitutional law. Creating implied mens rea requirements, where necessary to ensure proportional punishment, is not a judicial usurpation of a legislative function. Rather, it is to take seriously the role that courts play, under both constitutional and substantive criminal law, to ensure that punishment "fits" the crime. Moreover, proportional mens rea would represent a needed counterweight to prosecutorial behavior whereas current doctrine …
An Appropriate Focus On War, Mary Ellen O'Connell
An Appropriate Focus On War, Mary Ellen O'Connell
Journal Articles
This paper is part of book discussion featuring the 2009 Winner of the ASIL Certificate of Merit for Creative Scholarship--The Historical Foundations of World Order: The Tower and the Arena, by Douglas M. Johnston.
This panel was convened at 1:00 pm, Thursday, March 26, 2009 by its moderator, Devashish Krishan of Baker Botts LLP, who introduced the panelists:
- David Bederman, Emory University School of Law
- Tai-Heng Cheng, New York Law School
- John Crook, George Washington University Law School
- Mary Ellen O'Connell, University of Notre Dame Law School
The full issue of the proceedings is available via Oxford University Press
Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer
Breaching A Leaking Dam?: Corporate Money And Elections, Lloyd Hitoshi Mayer
Journal Articles
With a brief order issued at the end of its last term, the Supreme Court dramatically raised the stakes in Citizens United v. FEC. What many had predicted would be a case decided on narrow, technical grounds has now become a possible vehicle for overturning two key campaign finance precedents. By ordering re-argument and supplemental briefing on the issue of whether it should overrule either or both Austin v. Michigan Chamber of Commerce and the part of McConnell v. FEC which addresses the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002, the Court signaled that …
Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills
Profiling Minority Law Librarians: An Update, Dwight B. King, Rhea Ballard-Thrower, Grace M. Mills
Journal Articles
This is a 2007 update of a survey of minority law librarians first conducted in 1992. It offers a recent profile of our minority colleagues, enabling one to see how things have changed - or remained the same - over the course of fifteen years.
Federalization In Information Privacy Law, Patricia L. Bellia
Federalization In Information Privacy Law, Patricia L. Bellia
Journal Articles
In Preemption and Privacy, Professor Paul Schwartz argues that it would be unwise for Congress to adopt a unitary federal information privacy statute that both eliminates the sector-specific distinctions in federal information privacy law and blocks the development of stronger state regulation. That conclusion, though narrow, rests on descriptive and normative claims with broad implications for the state-federal balance in information privacy law. Descriptively, Professor Schwartz sees the current information privacy law landscape as the product of successful experimentation at the state level. That account, in turn, fuels his normative claims, and in particular his sympathy with theories of competitive …
A Hands-Off Approach To Religious Doctrine: What Are We Talking About?, Richard W. Garnett
A Hands-Off Approach To Religious Doctrine: What Are We Talking About?, Richard W. Garnett
Journal Articles
At the 2008 Annual Meeting of the American Association of Law Schools, the program organized by the Section on Law and Religion presented for consideration the claim that “the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief.” The Court, it was proposed, is — more and more — taking a “hands-off approach to religious doctrine.”
This proposal was, and remains, timely and important, as is illustrated by — to mention just a few, diverse examples — the ongoing property-ownership dispute between several “breakaway” Episcopal …
Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly
Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly
Journal Articles
Covenants and ground leases have been, and continue to be, used to create shared spaces that are fundamentally, and often invidiously, exclusive. Famously made a dead letter in the case of Shelley v. Kraemer, covenants banning resale to nonwhite households put the force of law behind the segregated birth of America’s suburbs. Today, gated residential communities and shopping malls assure a degree of class exclusivity through covenants and commercial ground leases, respectively. These same legal mechanisms, however, are now deployed to assure long-term inclusion as well.
Developers of affordable housing are creating homes that are not only beneficial to the …
The Idea Of Pollution, John C. Nagle
The Idea Of Pollution, John C. Nagle
Journal Articles
Pollution is the primary target of environmental law. During the past forty years, hundreds of federal and state statutes, administrative regulations, and international treaties have established multiple approaches to addressing pollution of the air, water, and land. Yet the law still struggles to identify precisely what constitutes pollution, how much of it is tolerable, and what we should do about it.
But environmental pollution is hardly the only type of pollution. Historically, the idea of pollution referred to a host of effects upon human environments. This remains evident in contemporary anthropological literature, which studies the pollution beliefs of cultures throughout …
Rethinking Adequacy Of Representation, Jay Tidmarsh
Rethinking Adequacy Of Representation, Jay Tidmarsh
Journal Articles
This article questions the usefulness of traditional tests for adequacy of representation in class action proceedings. When determining whether to certify a class, courts have sought to avoid endorsing those classes marred by conflicting interests or the possibility of collusion. Yet, such conflicts of interest are an intrinsic characteristic of class actions, stemming from the very policy rationales that have prompted the judiciary to allow litigation by classes. As a result, the current doctrine of adequate representation has left the courts without a bright-line rule; instead, the courts' inquiries into adequacy of representation must focus primarily on the degree of …
The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael Kirsch
The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael Kirsch
Journal Articles
This Article addresses the increasingly important role of administrative guidance in interpreting the United States' international treaty obligations. The relationship between administrative guidance and treaties raises important issues at the intersection of international law, constitutional law, and administrative law. These issues are explored in the context of the United States' extensive tax treaty network. Tax treaties play an important role in a global economy, attempting to reconcile the complex and ever-changing internal tax laws of different countries. The Treasury Department is considering the increased use of administrative guidance to interpret the meaning and application of tax treaties, particularly in response …
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Clarence X?: The Black Nationalist Behind Justice Thomas's Constitutionalism, Stephen F. Smith
Journal Articles
The opinions of Justice Thomas reflect a jurisprudence that is uniquely his own. His well-known commitment to textualism and originalism combines with a weak commitment to stare decisis on constitutional questions. This often puts Thomas at odds with Justice Scalia and other Justices who are far more willing to defer to precedents with which they disagree. The most distinctive aspect of Thomas's jurisprudence, however, involves cases of particular concern to black Americans. In these cases, his originalism and textualism are powerfully supplemented by another -ism—namely, "black nationalism."
Throughout his tenure, Justice Thomas has repeatedly explored the implications of controversial rulings …
"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett
"But For The Grace Of God There Go I": Justice Thomas And The Little Guy, Nicole Stelle Garnett
Journal Articles
This Essay, prepared for a NYU Journal of Law and Liberty symposium on “The Unknown Justice Thomas,” challenges the oft-repeated criticism that Justice Clarence Thomas’s opinions reflect a lack of empathy for the less fortunate. The Essay argues that, on the contrary, Justice Thomas’s opinions are replete with expressions of concern for the “little guy,” which are frequently overlooked or misinterpreted. The Essay explores three themes reflecting this concern in Thomas’s opinions.
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Journal Articles
More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition …