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Articles 1 - 30 of 44
Full-Text Articles in Law
Bridge To The Past: Kenneth Konop '29, '31 J.D., University Of Notre Dame Law School
Bridge To The Past: Kenneth Konop '29, '31 J.D., University Of Notre Dame Law School
1923–1941: Thomas F. Konop
Kenneth Konop, son of Dean Thomas Konop (1923–1941) and University of Notre Dame alumnus 1923, 1931 J.D., shares his memories with Dean Patricia O'Hara (1999–2009).
Irish Law 2004, Notre Dame Law School
Irish Law 2004, Notre Dame Law School
About the Law School
Dear Notre Dame Law School Class of 2007, Welcome to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting and scary time for you, and if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school, Notre Dame, and South Bend. That's why we're sending you this Guide. We hope that it will give you answers to many of your questions and that it will provide a window into what Notre Dame is …
Red Mass Invitation 2004, Notre Dame Law School
Red Mass Invitation 2004, Notre Dame Law School
The Red Mass
Most Rev. Jobn M. D'Arcy, Bishop of Fort Wayne-South Bend, the Notre Dame Law School and the members of the Red Mass Committee request the honor of your presence and that of your guests at the celebration of a Red Mass for lawyers, judges, law students and civil government officials at the Basilica of the Sacred Heart on Sunday, September 19, 2004 at 10 AM
The celebration of this ancient rite in which God's blessing is asked on all those who serve the law will be followed by a reception at the LaFortune Student Center Ballroom.
Red Mass 2004, Notre Dame Law School
Hoynes Code, The, Patricia A. O'Hara
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.
Bulletin Of The University Of Notre Dame The Law School 2004–05, Volume 100, Number 4, University Of Notre Dame
Bulletin Of The University Of Notre Dame The Law School 2004–05, Volume 100, 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
Hearing Before The United States Senate Committee On The Judiciary, Subcommittee On The Constitution, Civil Rights And Property Rights: Beyond The Pledge Of Allegiance: Hostility To Religious Expression In The Public Square, Richard W. Garnett
Congressional Testimony
Originally published by the United States Senate Committee on the Judiciary
159th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
159th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
159th University of Notre Dame Commencement and Mass Program including Law School awards
Associate Professor Michael Kirsch, Diploma Ceremony Address, Michael Kirsch
Associate Professor Michael Kirsch, Diploma Ceremony Address, Michael Kirsch
Commencement Programs
Advice on Life from… the Internal Revenue Code
Commencement address by Michael Kirsch, 2004 Law School Distinguished Teacher
Practicing What We Preach: A Call For Progressive Church Taxes, Matthew Barrett
Practicing What We Preach: A Call For Progressive Church Taxes, Matthew Barrett
Journal Articles
Many Catholics do not know that canon law allows their bishop to impose taxes on the parishes in his diocese for diocesan needs. Under canon law, these diocesan taxes, sometimes called diocesan assessments, parish assessments, or quotas, must be proportionate to [the parishes'] income. To a tax lawyer, the adjective proportionate describes a so-called flat tax, or a system that imposes the same tax rate on every taxpayer's taxable income. Canon law commentators, however, have consistently agreed that diocesan bishops can use a progressive tax, which in this context would impose a higher tax rate on parishes with larger incomes. …
Red Mass 2004, Notre Dame Law School
Red Mass 2004, Notre Dame Law School
The Red Mass
The Red Mass
Votive Mass of the Holy Spirit
Basilica of the Sacred Heart
University of Notre Dame
19 September 2004
The Most Rev. John M. D'Arcy
Bishop, Diocese of Fort Wayne-South Bend
Celebrant and Homilist
Ndls Update 01/2004-02/2004, Notre Dame Law School
Law Library Guide 2004–2005, Kresge Law Library, Research Services Department
Law Library Guide 2004–2005, Kresge Law Library, Research Services Department
Law Library Guide
The Kresge Law Library Guide's informative content includes: library services, policies, and physical layout.
Nathan Burkan Writing Competition/Memorial Award 1964-2004, Notre Dame Law School
Nathan Burkan Writing Competition/Memorial Award 1964-2004, Notre Dame Law School
Student, Faculty, and Staff Awards
For the best paper on copyright law.
On The Historical School Of Jurisprudence, Robert E. Rodes
On The Historical School Of Jurisprudence, Robert E. Rodes
Journal Articles
Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …
The End Of Legitimacy, Mary Ellen O'Connell
The End Of Legitimacy, Mary Ellen O'Connell
Journal Articles
IRAQ: ONE YEAR LATER
INTRODUCTORY REMARKS by Mary Ellen O'Connell, 261
THE USE OF FORCE IN IRAQ: ILLEGAL AND ILLEGITIMATE by Anne-Marie Slaughter, 262-63
THE IRAQ WAR AND THE FUTURE OF INTERNATIONAL LAW by Richard Falk, 263-66
THE ROLE OF INTERNATIONAL LAW AND THE UN AFTER IRAQ by Thomas M Franck, 266-69
THE END OF LEGITIMACY by Mary Ellen O'Connell, 269-70
THE PROBLEMS OF LEGITIMACY-SPEAK by James Crawford, 271-73
Reflections On The Manifold Means Of Enforcing The Antitrust Laws: Too Much, Too Little, Or Just Right?, Joseph P. Bauer
Reflections On The Manifold Means Of Enforcing The Antitrust Laws: Too Much, Too Little, Or Just Right?, Joseph P. Bauer
Journal Articles
Lately, much attention has been given to the scope of the antitrust laws. This discussion has two overlapping components: (1) consideration of the substantive doctrines specifying the behavioral or structural changes that are or are not unlawful and the appropriate methodology; and (2) analysis for making those determinations with attention given to the appropriate vehicles for enforcing the antitrust laws. Some argue that the antitrust laws proscribe activities that are either pro-competitive or at worst benign. Further, they assert that the multiplicity of antitrust enforcers and enforcement devices has resulted in undue burdens, including excessive cost, time delay, and forestalling …
Misusing International Sources To Interpret The Constituion, Roger P. Alford
Misusing International Sources To Interpret The Constituion, Roger P. Alford
Journal Articles
This article addresses the trend toward using international sources to interpret the Constitution. While recognizing that international sources may be appropriately used as persuasive authority in certain types of constitutional analysis, this article argues that such reliance is inappropriate if done improperly. There are four misuses of international sources that serve as the focus of the article.
The first misuse of international sources - particularly evident in death penalty litigation - occurs when the global opinions of humankind are ascribed constitutional value to thwart the domestic opinions of Americans. The article suggests that international norms cannot be internalized within our …
Unfunding Terror - Perspectives On Unfunding Terror (Panel One), Jimmy Gurule
Unfunding Terror - Perspectives On Unfunding Terror (Panel One), Jimmy Gurule
Journal Articles
According to the FBI, the September 11, 2001 terrorist attacks against the World Trade Center and the Pentagon that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda, the jihadi terrorist organization responsible for the mass killings, was operating on an annual budget between $30 and $50 million. However, despite the obvious fact that terrorists need money to support their terrorist operations and organizational infrastructure, prior to 9/11, preventing the financing of terrorism was not a priority for the United States or international community. Moreover, a comprehensive legal framework to …
Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis
Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis
Journal Articles
The form of enactments must be distinguished from their legal meaning (their "juridical effect"), that is, from the propositions of law which those enactments, properly interpreted, make legally valid. This distinction makes it possible, and rationally necessary, to conclude that, in certain contexts, a certain statute which declares or textually implies that some abortions are legally permitted (but others prohibited) is not apermissive law within the meaning of the principle, assumed in this article to be true, that permissive abortion laws are intrinsically unjust and may never be voted for. A permissive statute, in that sense, is one which has …
"Tax Services" As A Trojan Horse In The Auditor Independence Provisions Of Sarbanes-Oxley, Matthew J. Barrett
"Tax Services" As A Trojan Horse In The Auditor Independence Provisions Of Sarbanes-Oxley, Matthew J. Barrett
Journal Articles
This article argues that the failure of the Sarbanes-Oxley Act of 2002 (SOx) to prohibit auditors for public companies from also providing tax services to audit clients or their executives and selling tax shelters to anyone remains a Trojan horse that threatens both the investing public and the auditing profession. Although SOx enacted several reforms designed to enhance auditor independence, the legislation and implementing regulations that the Securities and Exchange Commission (SEC) subsequently promulgated allow an auditor for a publicly traded company to provide tax services to the company as long as the audit committee preapproves the engagement.
As the …
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
The Legal Case Against The Global War On Terror, Mary Ellen O'Connell
Journal Articles
In the first confusing days after the September 11, 2001, attacks on the United States, President George W. Bush declared a war on terror. Many of us heard this declaration as stirring rhetoric to rally the nation. We understood it as a declaration that the President would direct a strong response against those responsible. We had heard this sort of rhetoric before when the nation faced powerful challenges-from illegal drugs and chronic poverty. Many of us understood President Bush's declaration of war to refer once again to the determined, persistent struggle to overcome a social blight-this time terrorism. We did …
What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick
What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Jones et. al. v. R.R. Donnelly & Sons Co., 541 U.S. 369 (2004). The author predicted that the case would require the court to determine the appropriate statute of limitations to apply in a class action race-discrimination lawsuit filed under 42 U.S.C. § 1981.
What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick
What Is An Employer's Liability For Constructive Discharge Under Title Vii? An Analysis Of Pennsylvania State Police V. Suders, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Pennsylvania State Police v. Suders, 542 U.S. 129 (2004). In this case involving Title VII, the author expected the Court to analyze whether whether a constructive discharge caused by supervisory harassment is a tangible employment action for purposes of imposing striet liability.
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
Journal Articles
The typical requisites for receiving testimony from an expert witness are that the expert be qualified in a particular subject or area of expertise, that the expert testify in opinion form or otherwise, which will help the fact finder, and that there be a proper basis for the expert's testimony. This article examines the changing meaning in the law of evidence of the expert's subject area in cases involving children. During most of the last century, where the expert witness proposed to testify concerning a new or novel scientific system, process or technique, the court applied the rule of Frye …
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Journal Articles
Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …
Iraq: One Year Later, Mary Ellen O'Connell
Iraq: One Year Later, Mary Ellen O'Connell
Journal Articles
Almost exactly one year ago, during her presidential speech at the 2003 Annual Meeting of the American Society of International Law, Anne-Marie Slaughter spoke of the use of force that began in Iraq shortly before that Annual Meeting. She concluded that the war was unlawful but nevertheless potentially legitimate. That conclusion provoked a great debate from the moment her speech ended. Our purpose today is to take up that debate.
Universal Criminal Jurisdiction, Douglass Cassel
Universal Criminal Jurisdiction, Douglass Cassel
Journal Articles
Universal criminal jurisdiction is an important tool in the worldwide struggle to end impunity for serious international crimes.
Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation. The Recommendation applies whether or not an accused is in custody and does not address the separate topics of universal jurisdiction in civil cases or the immunities of senior government officials before foreign national courts.
Universal criminal jurisdiction developed over time as a …
The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig
The Role Of Socioeconomics In Teaching Family Law, Margaret F. Brinig
Journal Articles
Applying knowledge from other social sciences makes particular sense with the law and economics of the family. Much of the behavior we see and experience within families is difficult to see or understand as economically rational, that is, narrowly self-interested. Many of the legal changes we make that appear to be rational, at least from a cost-benefit perspective, turn out to be unsatisfying or even counterproductive. Though economists tend to view motivations or "utility functions" based upon "revealed preference," extended models like that of socioeconomics go below what is revealed to measure, as best we can, people's attitudes and feelings …
How Not To Count Votes, John C. Nagle
How Not To Count Votes, John C. Nagle
Journal Articles
Rutherford B. Hayes defeated Samuel Tilden by one electoral vote in the presidential election of 1876. In Fraud of the Century: Rutherford B. Hayes, Samuel Tilden, and the Stolen Election of 1876, Roy Morris, Jr. concludes that the election was stolen from Tilden by Republican partisans serving on the canvassing boards in the three Southern states - Florida, Louisiana, and South Carolina - that were still under the control of Republican governments backed by the federal army. But in Centennial Crisis: The Disputed Election of 1876, Chief Justice William H. Rehnquist defends the integrity and the actions of the …