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Books

 
The “Books” section of the Notre Dame Law School Scholarship Repository is a large digital bibliography and archive of books, casebooks, edited volumes, and monographs authored or edited by Notre Dame Law School faculty. It represents decades of faculty scholarship across many areas of legal study–reflecting both scholarly and instructional publishing. Recurring themes include comparative and international law and interdisciplinary scholarship. Natural law and moral philosophy emphasize Notre Dame’s longstanding engagement with Catholic intellectual traditions and jurisprudence.
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  • Materials on Accounting for Lawyers, 4th ed. by Matthew J. Barrett and David R. Herwitz

    Materials on Accounting for Lawyers, 4th ed.

    Matthew J. Barrett and David R. Herwitz

    Uses a "learn by doing" approach. Its Teacher’s Manual augments the casebook with alternative problems for each chapter, additional materials and references to accounting promulgations. Its four suggested syllabi make it a tool for adapting the casebook to two- and three-credit hour basic courses or a two-credit hour advanced course.

  • A Student's Guide to the Study of Law by Gerard V. Bradley

    A Student's Guide to the Study of Law

    Gerard V. Bradley

    In A Student’s Guide to the Study of Law, Gerard V. Bradley, professor of law at the University of Notre Dame Law School and an expert in the areas of constitutional law and law and religion, introduces readers to the major concepts, cases, and thinkers that have shaped American legal scholarship and history. He also helps readers better understand what, at bottom, is at stake in the different understandings of the nature of law that drive many of our national debates.

  • An Invitation to Family Law: Principles, Process, and Perspectives, 3rd ed. by Margaret F. Brinig and Carl E. Schneider

    An Invitation to Family Law: Principles, Process, and Perspectives, 3rd ed.

    Margaret F. Brinig and Carl E. Schneider

    Invitation to Family Law contains such materials as briefs, literary treatments of marriage, divorce, and parenting, and simulated case files from families involved in the social service system. This work reflects the contrasting backgrounds and interests of the authors including constitutional theory, moral philosophy, and the literary tradition of law, community and family. It also presents law and economics, feminist theory and application of legal theory to many practical family law problems. You’ll see the authors’ common fascination with history, concern with fairness (and fair treatment of the issues), and genuine love of the subject that motivated this work

  • Jurisprudence: Cases and Materials by Thomas F. Broden and Robert E. Rodes

    Jurisprudence: Cases and Materials

    Thomas F. Broden and Robert E. Rodes

    The second edition of Jurisprudence Cases and Materials includes several new features. First, it begins with two chapters on the ancient Near Eastern, biblical, and classical origins of law and jurisprudence. Second, it offers chapters that trace the systematic development of the Anglo-American analytic canon and modern critical responses. Continental thought is incorporated along with the realist and pragmatic traditions that remain among the major American contributions to jurisprudential thought. Third, the second edition retains and further develops analysis of jurisprudence in the courts. The result, we think, is a book that attains unusual breadth and richness of treatment of the web of law and philosophy.

    The second edition, like the first, uses cases to make jurisprudence more meaningful to students and to explore the "relevance" of jurisprudence, exploring how jurisprudential assumptions implicitly or subconsciously dominate the thinking of jurists and therefore play a role in driving the law. Jurisprudence is at the very heart of law and the book tries to make that clear.

    Having in mind the different ways that people like to teach jurisprudence, the authors sought to design a flexible book. Students can be taken sequentially through the ancient Near Eastern, biblical, and Classical origins of law and jurisprudence, the Anglo-American canon, modern critical responses, and how it is all reflected in the courts. The book can be taught sequentially or topically. Materials are provided which can be combined in a rich variety of ways to suit the professor's preference. The authors provide suggestions from their experience of different ways to structure the course from the materials.

  • American Bar Association Guide to Workplace Law, 2nd ed. by Barbara Fick

    American Bar Association Guide to Workplace Law, 2nd ed.

    Barbara Fick

    Regardless of your occupation or title, or whether you an employee or small business owner, it’s essential to know your rights. From the nation's leading legal authority, this completely revised and updated edition of The American Bar Association Guide to Workplace Law provides helpful insight and information for employers and employees alike.

    • Topics include hiring, firing, retirement, sexual harassment, maternity leave, workplace safety, and more—all explained in clear, non-technical language • Thoroughly researched and updated by members of the American Bar Association, the nation’s most authoritative legal organization • Features sidebars containing tips, advice, and key information

  • The Rehnquist Legacy by Richard W. Garnett

    The Rehnquist Legacy

    Richard W. Garnett

    Book Chapter

    Richard W. Garnett, Less is More: Justice Rehnquist, the Freedom of Speech, and Democracy, in The Rehnquist Legacy 26 (Craig M. Bradley ed., 2006)

    The First Amendment's Free Speech Clause - "Congress shall make no law . . . abridging the freedom of speech" - occupies much of the field when it comes to our public debates on matters of law, policy, and morality. Today, in the courts of both law and public opinion, arguments about a huge range of human activities - from cutting-edge scientific research and legal-aid work to video games and unauthorized dancing - are constructed using First Amendment premises, precedents, and jargon. Chief Justice Rehnquist, however, has for the most part resisted, or at least regretted, this free-speech takeover during his tenure on the Supreme Court.

    This chapter examines several of Rehnquist's opinions in free-speech cases involving the not-so-clear line between government speech and spending, on the one hand, and government-facilitated private speech on the other. This examination suggests, it is argued, that that Rehnquist's work does not reflect skepticism or hostility toward the core values protected by the Free Speech Clause, as some have charged, but instead reveals a careful appreciation for the fact that the translation and reduction of so many policy questions to free-speech problems comes at a cost. After all, as the civic, social, and political territory controlled by the Free Speech Clause grows, the amount shrinks that is governed democratically and experimentally by the people and their representatives or that is left under the direction of private persons, groups, and institutions. One implication of the free-speech takeover, Rehnquist seems to be warning us, is that difficult policy and other decisions depend increasingly on judges' evaluation of the abstract weight or worthiness of the government's interests, rather than on deliberation, compromise, and trial-and-error by and among citizens and politically accountable public officials.

  • Cases, Text and Problems on Federal Income Taxation, 5th ed. by Alan Gunn and Larry Ward

    Cases, Text and Problems on Federal Income Taxation, 5th ed.

    Alan Gunn and Larry Ward

    As with the previous ed.s, the authors have tried to prepare materials that will help students cope with a confusing mass of legislation by seeing the minutiae of the Code as reflections of basic concepts and recurring problems of income taxation. The authors continue to treat the income and deduction aspects of particular kinds of payments–especially interest–together, a technique they see as essential if students are to understand what is at stake in particular controversies

  • Interpreting Constitutions: A Comparative Study by Donald P. Kommers

    Interpreting Constitutions: A Comparative Study

    Donald P. Kommers

    Book Chapter

    Donald P. Kommers, Germany: Balancing Rights and Duties, in Interpreting Constitutions: A Comparative Study 161 (Jeffrey Goldsworthy ed., 2006)

    Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. Included are problems of interpretation and cultural and institutional determinants.

  • The Law of Biodiversity and Ecosystem Management, 2nd ed. by John Copeland Nagle, J. B. Ruhl, and Kalayani Robbons

    The Law of Biodiversity and Ecosystem Management, 2nd ed.

    John Copeland Nagle, J. B. Ruhl, and Kalayani Robbons

    This law school casebook defines biodiversity, outlines factors in choosing among different policy approaches for it's protection, and finding appropriate levels of administration for implementing those policies. Also features original notes and questions to stimulate class

  • International Dispute Resolution: Cases and Materials by Mary Ellen O'Connell

    International Dispute Resolution: Cases and Materials

    Mary Ellen O'Connell

  • On Law and Chastity by Robert E. Rodes Jr.

    On Law and Chastity

    Robert E. Rodes Jr.

    In this wide-ranging and extensively documented study, Rodes shows how the law's recognition of traditional sexual standards has been gradually eroded, with the result that many of those standards have been marginalized or turned into personal idiosyncrasies. He gives full attention to positive developments such as increased protection against rape and sexual harassment, but invites speculation as to whether changes in other parts of the law have made that protection more necessary than it used to be. Rodes suggests that the trivialization of sex is a trivialization of life, and that we should use our laws to resist that trivialization as far as we can do so without making them unduly oppressive. Even those who disagree with his provocative conclusions will appreciate his extensive coverage of the relevant cases and other legal materials.

  • Judicial Discretion by J. Eric Smithburn

    Judicial Discretion

    J. Eric Smithburn

  • The Attorney's Guide to the Seventh Circuit Court of Appeals, 3rd ed. by Stephen E. Arthur and Kenneth F. Ripple

    The Attorney's Guide to the Seventh Circuit Court of Appeals, 3rd ed.

    Stephen E. Arthur and Kenneth F. Ripple

    Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster

  • Foundations of Bankruptcy Law by G. Marcus Cole

    Foundations of Bankruptcy Law

    G. Marcus Cole

    Book Chapter

    G. Marcus Cole, The Federalist Cost of Bankruptcy Exemption Reform, in Foundations of Bankruptcy Law 100 (Barry E. Adler ed., 2005).

    Bankruptcy is relevant not merely as a last resort but influences individual and corporate decisions from the time of or before obligations are first incurred. In this sense, bankruptcy is as basic to private ordering as the more familiar inhabitants of the private-law pantheon including contract, corporate, property, and tort law. This book of brief, mostly non-technical, excerpts from leading bankruptcy scholarship builds the concepts of bankruptcy law from first principles and thus allows the reader to understand bankruptcy’s fundamental nature.

  • Congress and Boxing: A Legislative History, 1960-2003 by Edmund P. Edmonds and William H. Manz.

    Congress and Boxing: A Legislative History, 1960-2003

    Edmund P. Edmonds and William H. Manz.

    Since the 1960 Kefauver hearing on the influence of organized crime over the sport, there have been numerous hearings and bills introduce in Congress to regulate boxing. Finally, in 1996, Congress passed the Professional Boxing Safety Act designed to assist state boxing commissions, ensure greater safety for the boxers, and provide proper oversight for the professional boxing industry in the U.S. In 1998, the Muhammed Ali Boxing Reform Act was passed, which was intended to protect boxers from coercive contracts. This volume in the set, Hein's Sports Law Legislative History Series, v. 2, features an article written by Ed Edmonds detailing the history of the congressional hearings and the Acts. Also included in this set are all hearings, debates, and reports for both enactments, as well as a bibliography, legislative chronology, and a name index of witnesses. Source: Publisher

  • Oxford Companion to the Supreme Court of the United States by Richard W. Garnett

    Oxford Companion to the Supreme Court of the United States

    Richard W. Garnett

    Book Chapter

    Richard W. Garnett, Good News Club v. Milford Central School ,in Oxford Companion to the Supreme Court of the United States 398 (Kermit L. Hall ed., 2005)

    The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power.

    This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society.

  • The Heritage Guide to the Constitution by Richard W. Garnett

    The Heritage Guide to the Constitution

    Richard W. Garnett

    Book Chapter

    Richard W. Garnett, Public Trial, in The Heritage Guide to the Constitution 347 ( Matthew Spalding & David Forte, eds,, 2005)

    This guide is the first of its kind, and presents the U.S. Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.

  • Studies in American Tort Law, 3rd ed. by Alan Gunn and Vincent R. Johnson

    Studies in American Tort Law, 3rd ed.

    Alan Gunn and Vincent R. Johnson

  • Partnership Income Taxation, 4th ed. by Alan Gunn and James R. Repetti.

    Partnership Income Taxation, 4th ed.

    Alan Gunn and James R. Repetti.

    This handbook examines partnership tax laws, enabling readers to easily understand specific provisions within a larger context. Some of the topics covered include what constitutes a partnership; partnerships vs. corporations; partnership vs. co-ownership of property; the pass-through principle of partnership taxation; an introduction to partnership debt; allocations of partnership income; transactions between partnerships and their partners

  • The Judicial Branch by Donald P. Kommers

    The Judicial Branch

    Donald P. Kommers

    Book Chapter

    Donald P. Kommers, American Courts and Democracy: A Comparative Perspective, in The Judicial Branch 200 (Kermit L. Hall & Kevin T. McGuire eds., 2005)

    The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.

  • International Law and the Use of Force: Cases and Materials by Mary Ellen O'Connell

    International Law and the Use of Force: Cases and Materials

    Mary Ellen O'Connell

    International Law and the Use of Force brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello). It provides a dynamic yet classic introduction for students, scholars and practitioners. The book explores the United Nations Charter rules, and the Hague and Geneva Conventions as central to the regulation of armed force. There are also chapters on the historic development of international law on the use of force and important cases from the last ten years, including the International Court of Justice decisions in the Oil Platforms Case and the Wall Case, and the U.S. Supreme Court decisions, Rasul v. Bush and Hamdi v. Rumsfeld.

  • Redefining Sovereignty: The Use of Force After the Cold War by Mary Ellen O'Connell, Michael Bothe, and Natalino Ronzitti

    Redefining Sovereignty: The Use of Force After the Cold War

    Mary Ellen O'Connell, Michael Bothe, and Natalino Ronzitti

    The use of force and the regulation of armed conflict in the 21st century raises new and challenging questions in international law and policy. This timely study brings together leading scholars -- including ethicists, political scientists and international lawyers -- to address the use of force, beginning with NATO's 1999 intervention in Kosovo up to the US-led invasion of Iraq. In some important respects, the legal regime for force regulation -- in place since the adoption of the UN Charter in 1945 -- provides a normative restraint on international relations, but is it wholly relevant and effective with regard to contemporary events? The contributors investigate what options are or should be lawful in the 21st century.

  • Classic Problems of Jurisprudence by Robert E. Rodes Jr.

    Classic Problems of Jurisprudence

    Robert E. Rodes Jr.

  • Legal Interviewing and Counseling in a Nutshell by Thomas L. Shaffer and James R. Elkins

    Legal Interviewing and Counseling in a Nutshell

    Thomas L. Shaffer and James R. Elkins

    In today's world, lawyers tend to become identified more with law and less with people, the public interest, social welfare and the common good. However, many lawyers are sensitive, people-oriented professionals who relate to their clients as persons and not as problems. The authors argue that counseling is the heart and soul of lawyering, and that it is an integral part of the legal education.

  • American Tourist Guide to English English by J. Eric Smithburn

    American Tourist Guide to English English

    J. Eric Smithburn

    Lorry or truck? Potato chips or crisps? Autumn or fall? From the chemist to the chippy, whether you're at sixes and sevens, chuffed to bits or over the moon, this book may surprise anyone who thinks that the same language is spoken in the United States and in Britain. The Illustrated American Tourist Guide to English English contains nearly 3,500 definitions and translations to aid the American visitor in understanding and being understood in England. From everyday slang to differences in formal language, the book covers just about any social situation likely to be encountered. An invaluable reference guide for the American tourist, this is also a book to be dipped into for sheer pleasure and enjoyment of the surprising, often amusing, distinctions between American and English English

 

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