Law Commons^™

Ndls Update 11/2002-12/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Irish Law 2002: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2005: Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like. This is an insider's guide because it was written entirely by students. A group of about fifteen of …

American Legal Ethics, Thomas L. Shaffer

Journal Articles

The ethics of American lawyers come from the English gentleman-lawyer of the nineteenth century, with the steady addition of an elitist Jeffersonian gloss. But they have, within the last century, been seperated, so that reulation claims to operate without conscience. The result is that the law of lawyers is now the principal, if not only, feature of the official codes, and ethics as ethics is is spread oer insignificant consensus statements by bar associations and promising scholarship from academic lawyers, some small part of which deserves to be called ethics and even, from small beginnings to be called religious ethics.

Ndls Update 09/2002-10/2002, Notre Dame Law School

NDLS Update

No abstract provided.

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 2002–03, Volume 98, 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 07/2002-08/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Enron, Accounting, And Lawyers, Matthew Barrett

Journal Articles

Enron's collapse painfully illustrates the importance of financial accounting to all lawyers. Accounting is often referred to as "the language of business." Virtually every lawyer represents businesses, their owners, or clients with adverse legal interests, such as creditors and customers. Especially after Enron, lawyers cannot competently represent clients if they do not grasp certain basic principles about accounting. This article lists the top ten accounting lessons that any lawyer could learn from the scandal. These lessons include the components of a complete set of financial statements, the choices inherent in generally accepted accounting principles, the distortions possible in pro forma …

157th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

157th University of Notre Dame Commencement and Mass Program including Law School awards

Ndls Update 05/2002-06/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Kathy Farmann: An Inspiring Woman Remembered, Carmela Kinslow

1966–1985: Kathleen Farmann

Former colleagues and students fondly remember Kathleen Farmann, director of the Kresge Law Library from 1965 to 1985. She passed away on January 25, 2002. Contributors include: Camela Kinslow, Granville Cleveland, Michael Slinger, Mary Persyn, Carol Ann Mooney, Ann Clare Williams, Ron Dallas, Paul Mattingly, Susan Zwick, and Irv Vinson.

Ndls Update 04/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 03/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 02/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Ndls Update 01/2002, Notre Dame Law School

NDLS Update

No abstract provided.

Law Library Guide 2002–2003, Kresge Law Library, Research Services Department

Law Library Guide

The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.

Executive Power In Youngstown's Shadows, Patricia L. Bellia

Journal Articles

Fifty years after it was handed down, the Supreme Court's decision in Youngstown Sheet & Tube Co. v. Sawyer is among the most important of the Court's separation of powers cases. This Article explores two quite different legacies of the Youngstown case. First, Youngstown has a symbolic or rhetorical power, in that it stands as an example of a court invalidating the actions of a coordinate branch of government in a politically delicate context. When a court wields this weapon, it can take some cover in Youngstown's shadows, and the possibility of a court exercising this power disciplines the executive …

Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett

Journal Articles

What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call …

Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes

Journal Articles

The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …

Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett

Journal Articles

In late 1975, the accounting and legal professions reached an accord that led to three new professional standards: (1) a new financial accounting rule for contingencies, (2) an auditing standard addressing the requirement that an auditor obtain evidence about an audit client's contingent liabilities to determine whether the client has properly treated those items in its financial statements, and (3) the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information under that auditing standard. The Commentary that accompanied the Statement of Policy explicitly stated that the organized bar's expectation that communications between lawyers and auditors …

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …

The Irony Of Lawyers' Justice In America, Thomas L. Shaffer

Journal Articles

Our pastor recently finished a pretty good sermon, on the Parable of the Good Samaritan, with a story of his own about a dangerous curve on the highway into town.

The Parable of the Dangerous Curve brought to my mind Deborah Rhode's thorough, thoughtful assessment of American lawyers in the twenty-first century, and Dean Kronman's eulogy for the lost lawyer. The good Samaritans who sought to straighten the dangerous road spoke of roadwork as Deborah Rhode speaks of what legislatures, judges, and bar associations should do about lawyers. Maybe they thought modern speed and paving had made it dangerous—yearning, as …

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

Journal Articles

In these materials, we set out a road map for the task of reforming the jurisprudence of threats and an articulation of its rationale under the First Amendment. In addition, we examine the basic jurisprudence of the federal criminal law, in particular, its traditional roots in notions of individual responsibility based on personal conduct and state of mind. In Part I, we analyze the district court and the Ninth Circuit opinions in the American Coalition litigation. In Part II, we trace the traditional theory and practice of free speech under the First Amendment, rooted in the history and various rationales …

Reconciling The Nlra And Irca: Can An Undocumented Worker Receive Back Pay? An Analysis Of Hoffman Plastic Compound, Inc. V. Nlrb, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Hoffman Plastic Compound, Inc., v. NLRB, 535 U.S. 137 (2002). The author expected the Court to address in this case the apparent conflict between the National Labor Relations Act's goal of the prevention of unfair labor practices and the Immigration Reform and Control Act's denial of employment to undocumented aliens. This issue arose because of an award of back pay to an undocumented worker who was fired because of his union organizing activities.

The Enduring Illegitimacy Of The Poison Pill, Julian Velasco

Journal Articles

The poison pill is the ultimate defense against a hostile takeover. From management's perspective, it is almost too good to be true. Originally, the poison pill was seen as a way to guard against the worst of hostile takeover tactics. It has been successful; the poison pill has virtually eliminated these tactics from the repertoires of hostile bidders. However, the poison pill is extremely potent, capable of preventing all hostile takeovers, regardless of their underlying merit. Thus, the poison pill eventually became the means to employ a just say no defense of resisting hostile takeovers, regardless of the interests of …

International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel

Journal Articles

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …

Limiting Liability Through Bankruptcy, G. Marcus Cole

Journal Articles

The purpose of this Article is to expose that function of bankruptcy law that distinguished it from English and Colonial insolvency law, and to determine the scope of and need for bankruptcy law to perform that function in contemporary society. I posit that the distinguishing character of bankruptcy law was, and continues to be, its ability to serve as a temporal asset partitioning device. By asset partition, I mean the ability of a structure to sequester the assets of an owner of an enterprise from the reach of the creditors of that enterprise, or the assets of the enterprise from …

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael Jenuwine, Gene Griffin

Journal Articles

The article reviews the concept of therapeutic jurisprudence, integrating mental health principles into the juvenile justice system and the sentencing of juveniles. It discusses reasons why mental health and juvenile justice systems have not worked well together in the United States. The author describes current theories of juvenile justice and community health that would allow these systems to work better together, such as Balanced and Restorative Justice and the Child and Adolescent Service System Program. He explains how these theories can be better integrated into the juvenile justice system and argues that the best hope for therapeutic jurisprudence lies in …

Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith

Journal Articles

The topic I would like to address in this essay is the subject of conservative judicial activism. Dismayed at the boldness of the Rehnquist Court's conservative majority in areas such as affirmative action and race-based redistricting, federalism, takings law, and my own field of constitutional criminal procedure, critics have accused the Court of being "activist." These attacks have become almost ubiquitous now, to the point that it is increasingly difficult to find any area of the Rehnquist Court's jurisprudence that has not been condemned as activist. Perhaps this is not surprising; the term "activism" packs a powerful rhetorical punch, especially …

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …