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Notre Dame Law School Annual Report For Academic Year 1989–1990, 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 Kresge Law Library, the Center for Civil and Human Rights, the Notre Dame Law Review, the Journal of College and University Law, the Journal of Legislation, the London Law Centre, the Summer London Law Program, and the Thomas J. White Center.

145th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

145th University of Notre Dame Commencement and Mass Program

Summer

Bulletin Of Information, University Of Notre Dame, The Law School 1991–92, Volume 86, Number 5, Notre Dame Law School

Bulletins of Information

Notre Dame Law School

Notre Dame Law School

Honor Code

Foreign Law Study

Graduate Law Program

Joint Degree Programs

Requirements for Admission and Graduation

Fees and Expenses

Financial Aid Program

The Law Program

Student Activities

Curriculum

Course Descriptions

Appendix

Officers of Administration

The Law School Faculty

London Faculty

Practice Court Judges

Faculty Profiles

Endowed Chairs

The Joseph A. Matson Chair in Law

The John N. Matthews Chair in Law

The William and Dorothy O'Neill Chair in Law

Robert E. and Marion D. Short Chair

The Paul]. Schier Chair in Legal Ethics

The George N. Shuster University …

145th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

145th University of Notre Dame Commencement and Mass Program including Law School awards

Narrative In The Moral Theology Of Tom Shaffer, John D. Ayer

1971–1975: Thomas L. Shaffer

Essay Review

Thomas L. Shaffer, American Legal Ethics: Text, Readings, and Discussion Topics. New York: Matthew Bender, 1985. Pp. xxix + 645 + 92 apps. $32.50.

-----------, Faith and the Professions. Provo, Utah: Brigham Young University Press, 1987. Pp. ix + 337. $29.50.

I. Character Ethics

II. Shaffer's Project

III. Storytelling

IV. Community

V. Grades

Natural Law And Legal Reasoning, John M. Finnis

Journal Articles

Much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the need for authoritative sources which, so far as they are clear and respect the few absolute moral rights and duties, are to be respected as the only rational basis for judicial reasoning and decision, in relation to the countless issues which do not directly involve those absolute rights and duties. A natural law theory in the classical tradition makes no pretense that natural reason can determine the one right answer to those countless questions which …

Symposium: Law And The Continuing Enterprise: Perspectives On Rico: Foreword, G. Robert Blakey

Journal Articles

The past twenty years witnessed a sea change in the way that organized crime is investigated, prosecuted, and sanctioned, both criminally and civilly. RICO allowed the law to catch up with the rest of society. In the twentieth century, organizations, not people, control the important elements of society such as: government, commerce and labor. Until the passage of RICO, organizations as such were seldom the fcus of the law-outside of, perhaps, the antitrust statutes. This is no longer true.

RICO, however, is not limited to the activities of traditional Mafia families. It does not matter to a racketeering victim what …

Remaking The Constitution: A Critical Reexamination Of The Bowers V. Hardwick Dissent, Gerard V. Bradley

Journal Articles

Not only in folklore do historical watersheds spring from trickles. We all have heard that Mrs. O'Leary's cow kicked over a lamp to start the Chicago fire, and even sober history texts tell us that one Gavrilo Princip started World War I. Princip was a politically overactive Serbian nationalist destined to die of tuberculosis in an Austrian prison, but not before immortalizing himself on June 28, 1914. That day the nineteen-year-old Princip shot and killed Austrian Archduke Francis Ferdinand and his wife as they rode in an open car through Sarajevo, Yugoslavia. The occasion, or excuse, for release of smoldering …

Foreword: Debunking Rico's Myriad Myths, G. Robert Blakey

Journal Articles

Foreword: In January of 1931, Warner Brothers-First National released a film entitled Little Caesar. Based on a book by W. R. Burnett, the movie, loosely portraying the life of Alphonse Capone, starred Edward G. Robinson in its title role, Caesar Enrico Bandello, also known as "Little Caesar," or “Rico.” Robinson, as he lies dying, utters one of the most famous end lines in film history: “Mother of Mercy–is this the end of Rico?” Likewise, no one who looks at this Symposium–or others7-or the seemingly inevitable march of RICO reform (chloroform?) legislation through Congress–or the endless efforts of the federal …

On Checking The Artifacts Of Canaan: A Comment On Levinson's "Confrontation", Thomas L. Shaffer

Journal Articles

My friend Levinson has been prominent of late among constitutional scholars who use religious metaphors to describe the curious American political experiment. In the image he uses, we lawyers are priests in the practice of a constitutional faith; the federal constitution is our scripture, our creed, and our oath. Levinson, though, is not a television evangelist or street preacher. He is, instead, a theologian. He is unique in the honesty and thoroughness he brings to the discussion-as evidenced here by his looking at the possibility that we priests of the American constitutional faith have another faith to take into account …

What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey, L. Gordon Crovitz

Journal Articles

Editor's Note: After the presentation of the articles, the symposium concluded with a structured debate and an open discussion. The participants in the debate were Professor Blakey and Mr. Crovitz. The ensuing discussion was moderated by Professor Coffee and featured Professor Blakey, Mr. Coffey, and Mr. Crovitz, as well as questions from the audience. The edited transcript is presented here.

The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell

Journal Articles

In March 1988, Nicaragua's Sandinista government asked the International Court of Justice ("ICJ") to order the United States to pay $12 billion for violations of international law, as determined by the Court in June 1986. Before the Court could rule, however, the Sandinistas were voted out of office in national elections on February 25, 1990. Nicaragua's new government has recently indicated that it does not intend to give up the claim but will seek a settlement of the judgment with the United States government. But if the parties cannot reach a voluntary settlement, can Nicaragua enforce an ICJ judgment against …

Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991). The author expected the case to address the line between those types of activities that effectuate a union's duties as collective bargaining representative, and thus can be charged to non-members, and those activities that are not related to collective bargaining and therefore are not chargeable to objecting non-members.

An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform: Mother Of God - Is This The End Of Rico?, George Robert Blakey Professor, Thomas A. Perry

Journal Articles

In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. At first, the Department of Justice moved slowly to use RICO in criminal prosecutions. Today, RICO is the prosecutor's tool of choice in organized crime, political corruption, white-collar crime, terrorism, and neo-Nazi and anti-Semitic hate group prosecutions. The Department of Justice also is implementing the civil provisions of the Act. The private bar did not begin to bring civil RICO suits until about 1975. When it did, a firestorm of controversy broke out, and today …

The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer

Journal Articles

It would be possible for me now to round off a courteous comment on the 1904 Report with a disquisition on gentleman's ethics in the legal profession. That would have been a less novel thing to do in 1904 than it is now, but at either time it can be supposed to have been expected and, by and large, understood. But I think we can learn more from the 1904 Report by taking a more contentious and somber look at Branham's words. I suggest that what the report shows is unpleasant, that the legal ethic recommended there to Georgia lawyers …

Concluding Reflections, John M. Finnis

Journal Articles

A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.

West German Constitutionalism And Church-State Relations, Donald P. Kommers

Journal Articles

The complex structure of church-state relations in West Germany arises out of numerous provisions of the Basic Law that combine features of both separation and accommodation. The Basic Law's separationist features are expressed in various guarantees of religious liberty and in the ban on the establishment of a state church. Its accommodationist features appear in constitutional provisions on religious education as well as in articles, taken over from the Weimar Constitution, that confer upon the established churches a special juridical status enjoyed by no other nongovernmental entity. The arguably diverse goals of the religion clauses are difficult to reconcile, creating …

Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford

Journal Articles

Today foreign investors have a new and powerful weapon to challenge denial of justice. Bilateral investment treaties (BITs) require “fair and equitable treatment” consistent with customary international law, including “the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principles of due process embodied in the principle legal systems of the world.” Those treaties also create a private right of action, empowering investors with the right to initiate international arbitral proceedings directly against the host State. BITs provide the substance and the means for the effective review of judicial behavior. These treaties do …

Rings And Promises, Margaret F. Brinig

Journal Articles

The diamond ring rapidly changed from a relatively obscure token of affection to what amounted to an American tradition. It is customary to explain such a shift in demand in terms of an increase in income, a change in relative prices, or a change in tastes. This assumes a stable legal setting that contracts are enforceable. But if the enforceability of a contract is problematic, what formerly was a relatively costly (hence unused) form of private ordering may become more viable (Kronman: 5). This paper looks at the change in America's demand for diamonds during the period 1930-1985, not as …

On Thinking Theologically About Lawyers As Counselors, Thomas L. Shaffer

Journal Articles

Professor Morgan is more than gracious to me, his colleague in legal ethics. He understands, I think, that our little sub-discipline is an academic youngster—open, as children are, to insight and persuasion, willing to listen to almost anybody. I am grateful to him for his kind reference to my work. Along with other American law teachers, I am grateful for his leadership, critical thought, scholarly discussion, and example as one of the American legal profession's principal teachers of ethics.

My usefulness among commentators on Morgan's Thinking About Lawyers as Counselors, is probably that I write about legal ethics in reference …

The Legal Status Of Agro-Industrial Units And Their Relations With The Owners And Tillers Of Land, Conrad Kellenberg

Journal Articles

National and state laws have tended in a variety of ways to encourage the creation of agro-industrial enterprises, whose practices are not environmentally sustainable. These laws, at the same time, have discouraged the family farm. Agro-industrial enterprises are increasingly characterized by vertical integration of companies at two or more steps in food production and merchandising, processing, canning, warehousing, transporting, wholesaling and retailing. In addition, there is a fair amount of horizontal integration of companies at every step. In recent years mergers have led to a movement towards oligopoly in the United States food business. These developments have already had discernable …

Legal Ethics After Babel, Thomas L. Shaffer

Journal Articles

Legal ethics owes as much to Richard M. Nixon as it does to philosophy. The rebirth of legal ethics in the last decade is one of many consequences, although possibly the most obscure, of the burglary at the Watergate Hotel in 1972. The criminal politics that destroyed Mr. Nixon's presidency summoned American lawyers to a serious, systematic examination of the morals of their craft.

Allocating Risks And Suffering: Some Hidden Traps, John M. Finnis

Journal Articles

The economic analysis of which Adam Smith is a principal founder is helpful in practical reasoning about problems of justice precisely insofar as it systematically calls attention to the side-effects of individual choices and actions and behavior. Still, it would be a mistake to conclude that we need only a more adequate account of the benefits and burdens up for distribution or allocation by those responsible for the common good or general fate. We need also to bear in mind what Smith did not forget and what economics does not comprehend, the requirements of commutative justice. To see this, we …

Meeting The Diverse Needs Of The Poor, David T. Link, Harry Specht, Gregory Evans

Journal Articles

Forums such as this develop our understanding of current efforts to bring about positive change for America's poor. The Journal's compilation and dissemination of important, thoughtful essays on poverty is laudable.

The one thing that is clear about the poor and the homeless is that their problems are multi-faceted. No one theory or group can provide all the solutions. People are poor and homeless for a wide variety of reasons, and they need different kinds of help. Providing more income assistance will not cure poverty, and providing more housing will not remedy homelessness. Neither the public nor the private sector …