Law Commons^™

Notre Dame Lawyer - Fall/Winter 2000, Notre Dame Law School

Notre Dame Lawyer

Recognizing Excellence

Endowed Chairs at NDLS
Professor Rodes Celebrates Inaugural
Honorable John T. Noonan Jr. - Remarks at Investiture

The Case for School Choice

ALUMNI SPOTLIGHT-Par for Her Course: Mary Yu'93 J.D., Exemplar of Service

ALUMNI PERSPECTIVES - Helping Crime Victims Obtain Justice - Lifestyles and Law Practice

Where Hannah Arendt Went Wrong, David Abraham

Articles

No abstract provided.

Developing Use Of Force Doctrine: A Legal Case Study Of The Coast Guard's Airborne Use Of Force, Rachel Canty

University of Miami Inter-American Law Review

No abstract provided.

Globalisation & Legal Theory By William Twining, Caroline Bradley

University of Miami Inter-American Law Review

No abstract provided.

Natural Rights And The Second Amendment, Steven J. Heyman

Chicago-Kent Law Review

A growing body of scholarship claims that the Second Amendment was intended to enable individuals to exercise their natural right to self-defense against violence. In this Article, Heyman shows that this view is based on a misunderstanding of the natural rights tradition, as reflected in the works of Locke and Blackstone, the post-Revolutionary state declarations of rights, and the debates over the Constitution and the Bill of Rights. Natural rights theory held that, when individuals entered society, they largely gave up their right to use force against others in return for the protection that they received under the law. And …

Lost And Found: Researching The Second Amendment, Robert J. Spitzer

Chicago-Kent Law Review

The recent proliferation of writings on the Second Amendment makes numerous claims including: (1) there has been little or no legal scholarship on the Second Amendment until recent times; (2) the "individualist" view of the Second Amendment is the dominant or mainstream paradigm; (3) the courts have committed a "dereliction of duty" insofar as they have been silent on, or indifferent to, interpretation of the Second Amendment; and (4) since three of the four Supreme Court cases concerning the Second Amendment were decided in the nineteenth century, the court doctrine is somehow defective, irrelevant, outdated, unclear, or "embarrassing." In this …

If It Ain't Broke Don't Fix It: An Argument For The Codification Of The Quill Standard For Taxing Internet Commerce, Sidney S. Silhan

Chicago-Kent Law Review

The Internet Tax Freedom Act neither changed the status of the law nor did it create a new standard for taxability; it simply stopped any new taxes from being imposed while the economy adjusted to the explosion of Internet commerce. This Note will argue that the economy is adjusting, and indeed not all that much has changed in the sales tax collection arena. Furthermore, Quill continues to be the standard by which out-of-state sellers are taxed, and Congress should settle the issue by codifying the Quill requirement of substantial nexus before taxation can occur.

The Business Lawyer As Terrorist Transaction Cost Engineer, Royce De R. Barondes

Faculty Publications

Lawyers have garnered a reputation for being unreasonable and excessively contentious. This popular sentiment is embedded in our culture. If lawyers cannot change that perception, a second-best outcome (from the perspective of lawyers) would be the formation of an understanding that there is a reason why they appear to act unreasonably, that it can be desirable for lawyers to act in a way that initially appears to be unreasonable. This Article attempts to build a basis for that understanding in the context of lawyers participating in large commercial transactions.

A Form Letter From The Dean, R. Lawrence Dessem

Faculty Publications

A few years ago, in “A Form Letter to the Dean,” I offered the Journal's readers a template form letter which law school faculty could use to communicate with their deans. In the aftermath of that article's publication, I received letters, phone calls, and small explosive devices indicating that, mirabile dictu, a few people had actually read the article. Because I had never before had such a response to any of what I rather loosely refer to as my scholarship, I was encouraged to write a sequel. Hence the present piece. My current form letter is inspired by the annual …

"A Well Regulated Militia": The Second Amendment In Historical Perspective, Paul Finkelman

Chicago-Kent Law Review

In this Article, Finkelman argues that the purpose of the Second Amendment was to protect the right of the states to maintain militias and arm them if the national government refused to do so. This Article, based on the debates over ratification and over the Bill of Rights, shows that some extreme Antifederalists wanted the national government to guarantee a personal right to own weapons. But, as the evolution of the Amendment and the final text of the Amendment make clear, Madison and the other Federalists who totally dominated Congress at the time thoroughly rejected these demands for the protection …

The Second Amendment In Context: The Case Of The Vanishing Predicate, H. Richard Uviller, William G. Merkel

Chicago-Kent Law Review

Uviller and Merkel argue that the Second Amendment right to keep and bear arms was intended by the framers (and, perhaps more importantly, understood by the ratifiers) to be intimately bound up in the ideal of service in the lawfully established militia-for many eighteenth-century Americans, the preferred alternative to that "bane of liberty," the standing army. But as Uviller and Merkel set out to show, the historic common militia celebrated in the republican ideology of eighteenth-century Whigs was already on the road to obsolescence when the Second Amendment became law. By the middle of the nineteenth century, few citizens mustered …

Fundamental Protection Of A Fundamental Right: Full Recovery Of Child-Rearing Damages For Wrongful Pregnancy, Patricia Baugher

Washington Law Review

The U. S. Constitution and Washington statutes protect the right to choose not to have a child as a fundamental right. When a healthy child is born after contraceptive methods fail due to physician negligence, parents can sue on a "wrongful pregnancy" cause of action. In all jurisdictions recognizing wrongful pregnancy, parents may recover damages for medical expenses associated with pregnancy and childbirth. A controversy exists, however, concerning whether parents may recover the ordinary expenses of child rearing. While some states allow full recovery of these expenses, and other states allow recovery of the economic expense offset by the emotional …

State V. Parker: Searching The Belongings Of Nonarrested Vehicle Passengers During A Search Incident To Arrest, H. Matthew Munson

Washington Law Review

The Fourth Amendment to the U.S. Constitution and Article I, Section 7 of the Washington Constitution generally require a warrant supported by probable cause to conduct a search or seizure. One exception to these requirements is a search incident to arrest, which permits the police to search arrested persons and the area within the arrestee's reach for weapons and evidence. Prior to State v. Parker, when police arrested an occupant of an automobile in Washington, they could search the entire passenger compartment of the vehicle with the exception of locked containers. In State v. Parker, a plurality of …

Bidangkuasa Mahkamah Syariah Dalam Pentadbiran Pusaka Di Malaysia, Jasni Sulong

Student Works (2000-2009)

This dissertation is generally an attempt to analyze the historical development of the jurisdiction in the administration of Islamic inheritance in Malaysia. The study will explain how the intervention of the British colonial had introduced the Common Law system and promulgated several statute to limit the function and jurisdiction of kathi's court in the matter of inheritance. It will also disclose the provision of Federal Constitution and the recent case about the administration of inheritance to Muslims nowadays. The research is focused on the procedure and the process to make a claim to distribute the estates in Malaysia nowadays at …

Cost-Benefit Default Principles, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

In an important but thus far unnoticed development, federal courts have created a new series of "default principles" for statutory interpretation, authorizing regulatory agencies, when statutes are unclear, (a) to exempt trivial risks from regulation and thus to develop a kind of common law of "acceptable risks," (b) to take account of substitute risks created by regulation, and thus to engage in "health-health" tradeoffs, (c) to consider whether compliance with regulation is feasible, (d) to take costs into account, and (e) to engage in cost-benefit balancing, and thus to develop a kind of common law of cost-benefit analysis. These cost-benefit …

Title Page

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Products Liability: User Misconduct Defenses, David G. Owens

South Carolina Law Review

No abstract provided.

Using Social Sciences To Assess The Need For Jury Reform In South Carolina, Roger M. Young

South Carolina Law Review

No abstract provided.

Ancient, Antiquated, & Archaic: South Carolina Fails To Embrace The Rule That A Grantor May Reserve An Easement In Favor Of A Third Party, John E. Lansche Jr.

South Carolina Law Review

No abstract provided.

F00rs Sgb No. 4 (Bio Engr), Griggs

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand two hundred sixty-five dollars and seventeen cents ($1,265.17) to the LSU Department of Biological Engineering Senior Design Project Team to help defray the cost of purchasing hardware and chemicals to be used in the fabrication and testing of a prototype for a student-designed biological reactor that will produce xylitol.

F00rs Sgb No. 5 (Army Scotchguard), Cooper

Student Senate Enrolled Legislation

A BILL

To appropriate four hundred dollars ($400.00) to Army ScotchGuard providing for banners to be placed on the LSU campus for the ‘2000 Jail-n-Bail’ fundraiser for the March of Dimes.

F00rs Sgb No. 6 (Election Code), Grantham, Wattigny, Ducote

Student Senate Enrolled Legislation

A BILL

To amend Article III, Section 8, Subsection A of the LSU A&M Student Government Election Code as it pertains to absentee voting.

F00rs Sgb No. 8 (Election Code), Jeansonne, Peters

Student Senate Enrolled Legislation

A BILL

To amend Article IV, Section 3 of the LSU A&M Student Government Election Code as it pertains to prohibited methods of campaigning.

F00rs Sgb No. 7 (Election Code), Grantham, Nolan, Nunez

Student Senate Enrolled Legislation

A BILL

To amend Article IV, Section 3, Subsection C of the LSU A&M Student Government Election Code as it pertains to prohibited methods of campaigning.

F00rs Sgb No. 13 (Amend Budget), Wood

Student Senate Enrolled Legislation

A BILL

To amend the Student Government 2000-2001 Fiscal Year Budget.

F00rs Sgb No. 12 (Seac), Henderson

Student Senate Enrolled Legislation

A BILL

To appropriate seven hundred ninety-five dollars ($795) to the LSU Chapter of the Student Environmental Action Coalition (SEAC) to help defray the costs of sending delegates to the U.S. Student Climate Summit of the United Nations Framework Convention on Climate Change (UNFCCC) November 18^th-25^th at The Hague, Netherlands.

F00rs Sgr No. 9 (Freshmen Residency), Cooper, Baker, Fransen

Student Senate Enrolled Legislation

A RESOLUTION

To recommend to Provost Fogel and the Department of Residential Life that the “Freshmen Residency Program” not be imposed for the fall of 2003 due to the high costs of living on campus and the decrepit facilities at Louisiana State University.

F00rs Sgr No. 5 (Retreat), Warner

Student Senate Enrolled Legislation

A RESOLUTION

To express thanks, on behalf of the LSU A&M Student Senate, to the LSU Baptist Collegiate Ministry for allowing use of their facilites at no charge for our Fall 2000 Student Senate Retreat.

S00rs Sgb No. 12 (Constitution), Wood

Student Senate Enrolled Legislation

A BILL

To amend Article XI, Section 1 of the LSU A&M Student Government Constitution as it pertains to Self-Assessed Student Fees