Law Commons^™

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 …

Law Student Field Projects In Community Law, Fran Ansley

Scholarly Works

An online teaching and learning portfolio.

Vol. 21, No. 4, Jeanne M. Vonhof, Martin H. Malin

The Illinois Public Employee Relations Report

Contents:

What a Mess! The FMLA, Collective Bargaining and Attendance Control Plans, by Jeanne M. Vonhof and Martin H. Malin

Recent Developments

Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams

North Carolina Central Law Review

No abstract provided.

Valuing Inside Knowledge: Police Infiltration As A Problem For The Law Of Evidence, Jacqueline E. Ross

Chicago-Kent Law Review

It is well-known that undercover investigations influence and sometimes distort the crimes they seek to expose. This is the problem which the entrapment defense is designed to address. What has not yet been recognized, however, is that the investigator's influence on crimes is also a problem of evidence. This Article notes that undercover policing can be used to prove crimes that the investigator influences (which I term "contrived offenses") as well as crimes that occur independently of the government's intervention (what I call "independent crimes"). The ease of documenting the former tempts investigators to forego the arduous task of proving …

Why Were Perry Mason's Clients Always Innocent? The Criminal Lawyer's Moral Dilemma - The Criminal Defendant Who Tells His Lawyer He Is Guilty, Randolph Braccialarghe

Faculty Scholarship

No abstract provided.

The Forum (Volume 34, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Santa Clara Magazine, Volume 46 Number 2, Fall 2004, Santa Clara University

Santa Clara Magazine

8 - PRIZE-WINNING POETRY By Alexander Matthew Weyand '04. A poem by an SCU junior wins two student poetry competitions at SCU.

10 - I HAVE A QUESTION By Miriam Schulman. The director of communications for the Markkula Center for Applied Ethics at SCU explores the ethics of Internet research.

14 - JUSTICE IS SERVED By Susan Vogel. The Santa Clara University Community Law Center celebrates 10 years of service with a new endowment and a new name.

Reflections Of A Recoving Lawyer: How Becoming A Cognitive Psychologist —And (In Particular) Studying Analogical And Causal Reasoning—Changed My Views About The Field Of Psychology And Law, Barbara A. Spellman

Chicago-Kent Law Review

known as Law and Psychology), a small number of topics have stimulated the overwhelming majority of research. However, the topics available for psychology and law inquiry are infinite—limited only by the experience and imaginations of the re- searchers. I describe several areas of basic research in cognitive and social psychology that I, my colleagues, and my students, have been involved in during the past dozen years and demonstrate how they can be applied to the law. The major areas include: analogical reasoning—relevant to legal training and the use of precedent in judicial reasoning and legal scholarship; and causal and counterfactual …

Speaking With A Forked Tongue In The Global Debate On Traditional Knowledge And Genetic Resources: Is U.S. Intellectual Property Law And Policy Really Aimed At Meaningful Protection For Native American Cultures?, Nancy Kremers

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Experimental Purpose Doctrine And Biomedical Research, Tao Huang

Michigan Telecommunications & Technology Law Review

The experimental use doctrine is a common law rule in patent law that until a few years ago excused accused infringers who made and used patented products or processes on the basis of an experimental, educational, or nonprofit purpose when there was de minimis economic injury to the patent owner and de minimis economic gain to the infringer. While the application of the experimental purpose doctrine was always narrow, two recent Federal Circuit decisions indicate that there is not much left under its aegis. In Madey v. Duke University, the Federal Circuit strictly limited the application of the experimental purpose …

Apology And Thick Trust: What Spouse Abusers And Negligent Doctors Might Have In Common, Erin Ann O'Hara

Chicago-Kent Law Review

This Article argues that an evolutionary analysis of the role of apology in human interactions helps us to identify contexts where victims are prone to excessively forgive wrongdoing. The Article explores two of those contexts—spouse abuse and medical malpractice—and begins to explore ways that the law does and should attempt to counteract the negative effects of excessive forgiveness.

Medicating To Execute: Singleton V. Norris, Michelle L. Brunsvold

Chicago-Kent Law Review

Can a state, without violating due process or the Eighth Amendment, forcibly medicate a mentally ill inmate when the medication would render the inmate competent to be executed? The Eighth Circuit has held that due process is not violated so long as the state shows that there is an essential state interest that outweighs the inmate's interest in remaining free from the medication, that there are no less intrusive measures by which to accomplish the state interest, and that the medication is in the inmate's best medical interest. This Comment argues that in Singleton v. Norris, the Eighth Circuit …

Notre Dame Lawyer - Fall 2004, Notre Dame Law School

Notre Dame Lawyer

From the Dean

News Briefs

Features From South Bend to the World: The Road to Justice

Reinstating the Rule of Law

Supporting the Cause of Justice

Seeing Uganda

Bridge to the Past: Kenneth Konop ’29, ’31 J.D.

Green is Good, Red is Bad

Faculty Notes

Development Report

News from the Career Services Office

News from the Admissions Office

Commencement 2004 Awards

Commencement Address

News from the Notre Dame Law Association

Reunion 2004

Class Notes

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham

Law and Contemporary Problems

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.

Attacking Military Environmental Cleanup On Foreign Soil: Should Cercla Principles Apply?, Randon H. Draper

Buffalo Environmental Law Journal

No abstract provided.

The International Jurisprudence And Politics Of Hazardous Substances: Managing A Global Dilemma, Joseph F. St. Cyr

Buffalo Environmental Law Journal

No abstract provided.

The Next Era Of Sentencing Reform, Steven L. Chanenson

Working Paper Series

This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshell decision in Blakely v. Washington. Blakely has thrust sentencing systems across the country into turmoil. But Justice O’Connor was fundamentally wrong when, in her Blakely dissent, she exclaimed that “Over 20 years of sentencing reform are all but lost.” All is most assuredly not lost. Blakely, properly viewed, is an opportunity – albeit a disruptive one – to re-think and improve our sentencing systems.

The Blakely court interpreted the Sixth Amendment to require that any fact, other than the fact of prior conviction, …

Ebay: The Cyber Swap Meet, David Rubinstein

University of Miami Business Law Review

No abstract provided.

The Uniform Registered State Land And Adverse Possession Reform Act, A Proposal For Reform Of The United States Real Property Law, Todd Barnet

Buffalo Environmental Law Journal

No abstract provided.

Toward An Incentivized But Just Intellectual Property Practice: The Compensated Ip Proposal, Caroline Nguyen

Cornell Journal of Law and Public Policy

No abstract provided.

Bargaining Or Biology - The History And Future Of Paternity Law And Parental Status, Katharine K. Baker

Cornell Journal of Law and Public Policy

No abstract provided.

Regulating Offshore Wind Power And Aquaculture: Messages From Land And Sea, Jeremy Firestone, Willett Kempton, Andrew Krueger, Christen E. Loper

Cornell Journal of Law and Public Policy

No abstract provided.

The Digital Millennium Copyright Act: Overextension Of Copyright Protection And The Unintended Chilling Effects On Fair Use, Free Speech, And Innovation, Derek J. Schaffner

Cornell Journal of Law and Public Policy

No abstract provided.

Nova Law Review-Volume 29-2004-2005, Krista S. Kovalcin, David A. Ray, Katherine H. Miller, Suzen M. Grieshop Corrada, Jeffrey M. Berman, Michele R. Forte, Douglas P. Gerber, Michael B. Murphey, Ivan J. Tarasuk, David M. Blank, Jennifer C. Erdelyi, Leanne M. Innet, Laura Pearce, Nicole Zimmerman

Law Review Mastheads

No abstract provided.

Constitutional Theory In A Nutshell, Thomas E. Baker

William & Mary Bill of Rights Journal

No abstract provided.

Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.

Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards

William & Mary Bill of Rights Journal

No abstract provided.

Retroactivity Of New Rules Of Constitutional Law: Why The Supreme Court Should Have Overturned Warren Summerlin's Unconstitutional Death Sentence, Sarah R. Green

William & Mary Bill of Rights Journal

No abstract provided.

Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman

William & Mary Bill of Rights Journal

No abstract provided.