Law Commons^™

Notre Dame Lawyer - Fall 2006, Notre Dame Law School

Notre Dame Lawyer

Voir Dire / Tex Dutile

Building for the New Millennium: A Progress Report
New schematics of the exterior of the building addition and renovation, as well as reflections from three members of the Law School Community, bring readers up-to-date on the progress of the project.

New Faculty
Margaret Brinig, Ed Edmonds, Jennifer Mason, Christopher S. O’Byrne

Visiting Scholars

National Parks, Ghanian Style
Prof. John Nagle reports on environmental efforts undertaken in Ghana.

“Amazing Grace”
When the Hispanic Law Students Association awarded Prof. Jimmy Gurulé its Graciela Olivarez Award, he chose to honor the award’s namesake in his acceptance speech.

Mustering …

Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Schemes, Jamie Dycus

The Journal of Law and Education

No abstract provided.

Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison

University of Miami Inter-American Law Review

No abstract provided.

Pragmatic Responses To Interpretive Impediments: Article 7 Of The Cisg, An Inter-American Application, Shani Salama

University of Miami Inter-American Law Review

No abstract provided.

Official Language A, B, Cs: Why The Canadian Experience With Official Languages Does Not Support Arguments To Declare English The Official Language Of The United States, Marla B. Somerstein

University of Miami Inter-American Law Review

No abstract provided.

Causes Of Action For Sale: The New Trend Of Legal Gambling, Lauren `J. Grous

University of Miami Law Review

No abstract provided.

Kimberly Lanegran On Telling The Truths: Truth Telling And Peace Building In Post-Conflict Societies. Edited By Tristan Anne Borer. Notre Dame, In: University Of Notre Dame Press, 2006. 316 Pp., Kimberly Lanegran

Human Rights & Human Welfare

A review of:

Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies. Edited by Tristan Anne Borer. Notre Dame, IN: University of Notre Dame Press, 2006. 316 pp.

Distributive Injustice(S) In American Health Care, Clark C. Havighurst, Barak D. Richman

Law and Contemporary Problems

Havighurst and Richman seek to show the nature--and to suggest the cumulative attitude--of the many regressive tendencies of the financing, regulatory and legal regime governing the private side of US health care.

Protecting Abused, Neglected, And Abandoned Children: A Proposal For Provisional Out-Of-State Kinship Placements Pursuant To The Interstate Compact On The Placement Of Children, John C. Lore Iii

University of Michigan Journal of Law Reform

The Interstate Compact on the Placement of Children deals with the interstate placement of abused, neglected and abandoned children. This article addresses the critical need for reform of the Interstate Compact and attempts to tackle its most serious flaw-the lack of a provisional placement for children awaiting approval of out-of-state kinship placements. The recently enacted Safe and Timely Interstate Placement of Foster Children Act of 2006 (the "Act") is seriously flawed to the detriment of one of our country's most vulnerable groups and the very population it is designed to protect-children who have been abused, neglected and abandoned. This article …

Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt

University of Michigan Journal of Law Reform

This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.

According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to …

The Nsa Domestic Surveillance Program: An Analysis Of Congressional Oversight During An Era Of One-Party Rule, Tara M. Sugiyama, Marisa Perry

University of Michigan Journal of Law Reform

On December 16, 2005, the New York Times sounded a fire alarm when it revealed that, in response to the September 11, 2001 attacks, President George W Bush had issued a secret executive order permitting the National Security Agency (NSA) to conduct warrantless surveillance on individuals to unearth nascent terrorist activity. Congress responded to the disclosure of the NSA domestic surveillance program largely by shirking its oversight duties. This Note argues that when a single party controls both the executive and the legislative branches, the fire-alarm model fails to provide sufficient congressional oversight. Short of future elections altering the balance …

A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter

University of Michigan Journal of Law Reform

This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting …

Absurd Results, Scrivener's Errors, And Statutory Interpretation, Andrew S. Gold

Faculty Scholarship

No abstract provided.

The Hermeneutic Foundations Of Qualitative Research, Bernd Reiter

Government and International Affairs Faculty Publications

This article is the result of reflection that emerged while conducting qualitative field research on nationalism and exclusion in Portugal. The problem I confronted was when to stop interviewing. Stated more precisely, I was seeking an answer to the question of when one has collected enough empirical data to support or reject one’s hypotheses. This initial problem led me to a rather old discussion on the difference between natural and human sciences that has characterized German academic life for many years–in fact, since the early 19th century–producing some more heated phases of academic dispute, known as the Positivismusstreit in the …

Habeas Corpus, Judicial Review, And Limits On Secrecy In Detentions At Guantanamo, Jonathan Hafetz

Cardozo Public Law, Policy & Ethics Journal

The article examines the role of secrecy in post-9/11 counterterrorism detentions, particularly at Guantanamo Bay, and the legal challenges posed by the Detainee Treatment Act (DTA) and Military Commissions Act (MCA). These acts sought to limit habeas corpus jurisdiction, potentially restoring a system of unaccountable detentions. The analysis highlights how habeas corpus serves as a critical check on executive power, ensuring judicial review of detentions and transfers, and protecting against unlawful confinement. The Supreme Court's rulings in Rasul v. Bush and Hamdan v. Rumsfeld are central to this discussion, as they affirmed habeas protections and invalidated certain detention practices.

Foreword To The Special Issue On The Family Law Education Reform Project, Andrew Schepard, Peter Salem

Hofstra Law Faculty Scholarship

The purpose of this issue is to promote a dialogue between the family law academic community and stakeholders in the family law system about how future family lawyers should be educated. Family law practice has undergone dramatic change in the last quarter century, perhaps more than any other area of practice. Virtually everything about it has changed—the role of the family court, the procedure for resolving family disputes, the role of the family lawyer, and the substantive law. It is a vibrant and exciting field, with great influence on the lives of families and children.

The family law curriculum in …

I. Foreword—The Class Action Fairness Act Of 2005, Georgene M. Vairo

Loyola of Los Angeles Law Review

No abstract provided.

Staying Open: How Restricting Venue In Texas's Judicial Bypass Cases Would Hurt Minors And Violate The Constitution., Shelia Cheaney, Laura Smith

The Scholar: St. Mary's Law Review on Race and Social Justice

The open venue provision is necessary to protect a minor’s constitutional right to have an abortion. Under the open venue provision, a minor may petition from any county in Texas for a judicial bypass to keep her abortion private. Proposed legislation, such as Texas House Bill 1212, threatens that right by restricting a minor from obtaining a judicial bypass only from the county of her residence. In Planned Parenthood of Central Missouri v. Danforth, the United States Supreme Court held it was constitutional for states to require a minor to obtain parental consent in order to obtain an abortion. Bellotti …

Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post

William & Mary Law Review

This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.

During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale of …

Equitable Concerns Of Ebay V. Mercexchange: Did The Supreme Court Successfully Balance Patent Protection Against Patent Trolls, Leslie T. Grab

North Carolina Journal of Law & Technology

No abstract provided.

Google Book Search And Fair Use: Itunes For Authors, Or Napster For Books?, Hannibal Travis

University of Miami Law Review

No abstract provided.

The Antitrust Enterprise: Principle And Execution, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Protecting The Future Forever: Why Perpetual Conservation Easements Outperform Term Easements, Paul Mitchell

Land Use Clinic

Conservation easements are amassing increasing popularity as a private means for accomplishing a public good. In 1980, conservation easements protected 128,001 acres. By 2003, that number had jumped to over 5 million acres. In Georgia, over 131,000 acres had been protected by conservation easements by the end of 2005, more than double the acreage of just a few years before.

A conservation easement is a legal arrangement whereby a landowner chooses to transfer certain development rights to an eligible easement holder, usually a non-profit or government agency, in order to achieve a qualified purpose. The landowner can sell or donate …

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Evolution Of Regulations For Bridges To Marsh Islands In South Carolina, Nancy Vinson

Southeastern Environmental Law Journal

No abstract provided.

Opinion Of The Attorney General State Of South Carolina, Henry Mcmaster

Southeastern Environmental Law Journal

No abstract provided.

Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan

Southeastern Environmental Law Journal

No abstract provided.

Lessons From The Mono Lake Cases For Effective Management Of Public Trust Resources, Richard Roos-Collins

Southeastern Environmental Law Journal

No abstract provided.

The Coastal Zone Management Act Of Today: Does Sustainability Have A Chance, Sam Kalen

Southeastern Environmental Law Journal

No abstract provided.

Ecosystem Services And The Public Trust Doctrine: Working Change From Within, J. B. Ruhl, James Salzman

Southeastern Environmental Law Journal

No abstract provided.