Law Commons^™

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Grave Breaches System And The Armed Conflict In The Former Yugoslavia, Oren Gross

Michigan Journal of International Law

The system of grave breaches, established in the Conventions, is the focal point of the enforcement mechanism of international humanitarian law in general and of the Conventions in particular. It is therefore surprising that very little has been written to date about this system. This article is intended to fill that gap by discussing the repression -the prohibition, prosecution, and adjudication - of grave breaches of the Conventions. The article's main purpose is to chart and map the basic contours of the terrain of an area which despite its vast significance has not been adequately and systematically explored. It is …

Notre Dame Lawyer - Academic Year 1995-96, Notre Dame Law School

Notre Dame Lawyer

NDLS Strategic Plan Principal Strategies

New Kids on the Block
John H. Garvey, John M. Finnis, M. Cathleen Kaveny, William K. Kelley, Patrick J. Schiltz, Elizabeth Schiltz, Paolo Carozza, Dinah L. Shelton, Geoffrey Bennett

Faculty Profile: Professor Trai Le

Faculty Tribute to Professor Edward J. Murphy

Notre Dame Graduates Intern at The Hague

Raiders Of The Lost Scrolls: The Right Of Scholarly Access To The Content Of Historic Documents, Cindy Alberts Carson

Michigan Journal of International Law

In Section I of this article, I will describe the events that led to the current controversy. In Section II, I will discuss whether the content of historic documents can be classified as cultural property. In Section III, I will consider whether control of the content of these documents interferes with intellectual freedom. In Section IV, I will discuss the intellectual property arguments raised by owners and interpreters of the Scrolls. Finally, in Section V, I will propose standards for access to, and preservation of, historic documents.

Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab

Articles

Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules."' Those rules and the methodology behind them are our subjects here. We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

The World Trade Organization: A New Legal Order For World Trade?, Thomas J. Dillon Jr.

Michigan Journal of International Law

This article will describe in some detail the most dramatic modifications within the framework of the multilateral trading system designed to support the projected trade expansion, namely, the new organizational structure under the WTO and the new dispute settlement procedures. The article will evaluate these changes against the backdrop of the Bretton Woods System as originally conceived and will highlight the debate surrounding whether the nature of the trade regulating body ought to be adjudicatory or negotiatory. Finally, the author offers conclusions, perspectives, and comments regarding the future development of the world trading system.

Underwood Law Library Newsletter, Vol. 6, No. 2 – Spring 1995, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

Underwood Law Library Newsletter, Vol. 7, No. 1 – Fall 1995, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.

Art Of Judgement In Planned Parenthood V. Casey, James Boyd White

Articles

This article was excerpted and abridged with permission from a chapter in Professor White's recent book Acts of Hope: Creating Authority in Literature, Law, and Politics. In the book, he explores the nature of authority in various cultural contexts. Here he examines the Joint Opinion in Planned Parenthood v. Casey, which has been attacked both from the right, on the grounds that it tried to keep Roe v. Wade alive, and from the left, on the grounds that it significantly weakens the force of that case. Professor White, by contrast, admires it greatly, and in this chapter explains …

The Business Of The Supreme Court Revisited, John Paul Jones

Law Faculty Publications

Nearly seventy years after its publication, Prof. Jones revisits Felix Frankfurter and James McCauley Landis' seminal 1928 book.

Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang

University of Michigan Journal of Law Reform

Because of the increasingly interstate nature of legal practice during the past few decades, practitioners licensed in multiple jurisdictions have been forced more frequently to confront choice-of-law dilemmas in the area of professional responsibility. Although most states have adopted fairly uniform regulations on professional ethics, only the recently amended American Bar Association's Model Rules of Professional Conduct contain a specific provision that addresses the choice-of-law problem in the professional responsibility context. This Note outlines certain ethical considerations facing the multistate practitioner and argues that the choice-of-law provision in the Model Rules of Professional Conduct provides insufficient clarity and predictability where …

2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen

Law and Contemporary Problems

Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."

Deep Inner Lives, Individualism And People Of Honour, William I. Miller

Articles

With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …

Migration: A Natural Growth Process For Libraries (Part One Of Two), Georgia Briscoe

Publications

No abstract provided.

Why Not A Shared Database For Legal Serial Patterns?, Georgia K. Briscoe

Publications

Just as bibliographic records are shared by law libraries through a national database, serial publication pattern data could also be shared. The author presents a history of the movement toward such a database and offers a specific proposal for its creation.

The Limited Liability Company Experiment: Unlimited Flexibility, Uncertain Role, Wayne M. Gazur

Publications

No abstract provided.

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

Publications

No abstract provided.

Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl

Northern Illinois University Law Review

Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Winning And Losing With Employee Participation, Ellis Boal

Cornell Journal of Law and Public Policy

No abstract provided.

The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin

Law and Contemporary Problems

The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.

Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin

Law and Contemporary Problems

The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.

The Constitutionality Of The Bank Bill: The Attorney General’S First Constitutional Law Opinions, Walter Dellinger, H. Jefferson Powell

Duke Law Journal

No abstract provided.

Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.

Cornell Law Review

No abstract provided.

Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton

University of Michigan Journal of Law Reform

This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …

Revisiting The Role Of Liberal Trade Policy In Promoting Idealistic Objectives Of The International Legal Order, Robert L. Mcgeorge

Northern Illinois University Law Review

Professor McGeorge begins by relating the events that led to the conference. He provides a brief historical overview of the post-World War II international order. Professor McGeorge concludes his article with an explanation of international trade policy after the Cold War.

Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks

University of Michigan Journal of Law Reform

In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …

Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Michigan Law Review

A Review of American Civil Procedure: An Introduction by Geoffrey C. Hazard, Jr. and Michele Taruffo

The Inherent Power In Mapping Ownership, Michael P. Conzen

Michigan Law Review

A Review of The Cadastral Map in the Service of the State: A History of Property Mapping by Roger J.P. Kain and Elizabeth Baigent