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Articles 1 - 24 of 24
Full-Text Articles in Law
Notre Dame Law School Annual Report For Academic Year 1988–1989, David T. Link
Notre Dame Law School Annual Report For Academic Year 1988–1989, David T. Link
1975–1999: David T. Link
Dean David Link provides a description of the state of Notre Dame Law School as it closes the 1988–1989 academic year. The elements covered in his report include: important developments, strengths, and needs. Supplementary reports are included from the London Programme, the Thomas J. White Center, the Notre Dame Law Review, the Journal of College and University Law, the Kresge Law Library, and the Journal of Legislation.
144th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
144th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
144th University of Notre Dame Commencement and Mass Program including Law School awards
Summer
Bulletin Of The University Of Notre Dame The Law School 1990–91, Volume 85, Number 5, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 1990–91, Volume 85, Number 5, University Of Notre Dame
Bulletins of Information
Notre Dame's Law School is located at the entrance to the campus of the University of Notre Dame, a Holy Cross institution, founded in 1842 by the Rev, Edward F, Sorin, C.S.C., a French priest of the Congregation of Holy Cross.
The school is approved by the American Bar Association and is a member of the Association of American Law Schools. It is a community of faculty and students of every race and creed from throughout the nation and the world. The Notre Dame program aims to educate men and women to become lawyers of extraordinary professional competence who possess …
144th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
144th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
144th University of Notre Dame Commencement and Mass Program including Law School awards
Partial Performance Of Employment Contracts, Geoffrey J. Bennett
Partial Performance Of Employment Contracts, Geoffrey J. Bennett
Journal Articles
Commentary on
Wiluszynski v. Tower Hamlets London Borough Council (The Times, 28.4.89)
The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer
The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer
Journal Articles
Sinclair Lewis (1885-1951) was a resolute critic of pretension in American business and in the professions. His only hero story is the story of a physician and research scientist, Arrowsmith (1925).' It is a story that puts up for examination Lewis's prescription for a moral life in the professions in America and, beyond that, it shows what professional life is like. I want to argue here that (1) although the story is useful for lawyers and for legal ethics, Lewis's principal moral prescription, a brief for individualism in professional life, is incoherent. The ethic of individualism, as Lewis grounds it, …
Natural Law And Justice (Book Review), Robert E. Rodes
Natural Law And Justice (Book Review), Robert E. Rodes
Journal Articles
Professor Weinreb's aim in this thoughtful and thought-provoking book is a drastic overhaul of the ongoing debate about natural law. Natural law as he sees it is not a mere theory about the relation of law and morality: it is a comprehensive theory about the place of human beings in the cosmos. As such, it has a profound bearing on legal questions, but not in the way its current proponents have in mind. By recasting the fundamental question of natural law, Weinreb sheds light on many subsidiary questions of legal theory. This is a difficult book, because it is closely …
Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza
Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza
Journal Articles
Upon reflection, I gained a new realization of the role of human rights activism in Haiti, a more complete understanding of what needs to be done. I came to Haiti thinking that human rights work meant counting violations and reporting them internationally. Monitoring human rights abuses does serve a purpose; it helps bring attention and support to the work of indigenous activists and can help expose the illegitimacy of an abusive regime. But as I realized in the weeks following the rally at St. Jean Bosco, these activities are only instrumental to a larger end, that of remaking political life. …
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley
Journal Articles
"Separation of church and state" is right up there with Mom, apple pie, and baseball in American iconography. If everyone agrees on separation of church and state, why does the relationship between religion and public life so vex, excite, and confound us? Part of the reason is that church-state separation, although it is the historical achievement of societies decisively shaped by a Christianity that was itself decisively shaped by Judaism, is a commodious concept.
But "separation of church and state" is not contentless, and our conclusive agreement on it, I submit, provides a valuable common frame of reference in an …
Aspects Of The English Legal System, Geoffrey J. Bennett
Aspects Of The English Legal System, Geoffrey J. Bennett
Journal Articles
The object of this article is to point out some of the more obvious features of the English legal system for the benefit of people with no legal training. Teachers, school governors, and parents are all increasingly called upon to have some insight into the way the law affects their activities, but the natural tendency is perhaps to concentrate only on those discrete areas that are of immediate concern. Sometimes, however, a broader perspective on how the parts articulate with the whole is essential to understanding what can be done with the system or why a certain result or procedure …
The Judge And The Academic Community, Kenneth F. Ripple
The Judge And The Academic Community, Kenneth F. Ripple
Journal Articles
In the inaugural essay of this series, Judge Coffin described this unique effort of the editors of the Ohio State Law Journal as an opportunity for judges to engage in "reflective self-examination" in a time of "remorselessly increasing pressures" on the judicial way of life as it has existed since the founding of the Republic. When any institution—public or private—is experiencing great stress and, consequently, is in danger of undergoing cataclysmic change, the quality of its relationships with the other institutions with which it regularly interacts can determine its ability to deal effectively with the pressures. If those other institutions …
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer
Journal Articles
Our project is to contemplate a discrete piece of applied ethics in the American legal profession, a piece of what one might call Italian-American legal ethics. We propose to describe a moral value for which we will use the Italian word rispetto. Our understanding of rispetto is that it is a virtue, a good habit, through which the person learns, practices, teaches, and remembers his place within the family. We will argue here that the practice of this virtue will allow a modern lawyer to be in and of his or her civic and professional community without loss of dignity …
Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer
Less Suffering When You're Warned: A Response To Professor Lewis, Thomas L. Shaffer
Journal Articles
Professor Lewis' comment is a lucid brief for warning clients that their lawyers have moral limits. It begins with a generous description of the discussion Professor Freedman and I had on the subject of moral limits. I am able, as a result, to summarize the exchanges quickly: Professor Freedman's original proposition, in these pages, was that once the lawyer-client relationship is in place, it is immoral for the lawyer to refuse to seek the client's legal objectives; it is immoral for the lawyer to invoke her own conscience to prevent the client from obtaining what the law allows the client …
The Pervasive Method Of Teaching Ethics, David T. Link
The Pervasive Method Of Teaching Ethics, David T. Link
Journal Articles
The law school curriculum at Notre Dame is based on a two-faceted mission statement that the faculty developed in 1974. Moral values are central to both facets: (1) to be an outstanding teaching school that prepares competent and compassionate attorneys whose decisions are guided by the values and morality that Notre Dame represents; (2) to promote leading contributions to the development of the law, the system of justice, the legal profession, and legal education, through faculty scholarship and institutional projects that embody important qualities of the Notre Dame value system. We intend to dedicate as much intensity to sensitizing our …
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
Journal Articles
This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …
Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer
Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer
Journal Articles
People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.
What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …
Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick
Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Indpendent Federation of Flight Attendants v. Zipes, 491 U.S. 754 (1989). The author expected the Court to address what standard the courts should apply in deciding whether to assess attorney's fees against an unsuccessful intervenor in federal employment discrimination cases.
Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick
Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick
Journal Articles
This Article focuses on the procedural aspects developed under the National Labor Relations Act in defining the concept of collective bargaining and discusses their applicability to a general theory of negotiation.
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Journal Articles
When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …
Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn
Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn
Journal Articles
Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.
This Article explores the problems created by nonconforming …
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.
Issues Raised By The Abortion Rescue Movement, Charles E. Rice
Issues Raised By The Abortion Rescue Movement, Charles E. Rice
Journal Articles
The civil rights protests of the fifties and sixties taught the nation about the relation of the enacted law to the higher law of justice. Though less favorably publicized, the abortion rescue movement provides another such teaching moment today. As with the civil rights protests, the abortion rescue movement involves ordinary people putting their bodies on the line-and in jail-to vindicate their conception of justice. The rescue movement raises issues that transcend the question of whether one approves or disapproves of abortion. This paper examines what society might learn from the Operation Rescue movement about the weaknesses of our law.
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Journal Articles
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Journal Articles
The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …