Notre Dame Law School NDLScholarship
Books Publications
1986 The niU versity of Notre Dame : A Contemporary Portrait Robert Schmuhl
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This Book is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Books by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. The following chapter was copied from the book that is available in the Kresge Law Library at the University Notre Dame:
Dame
Portrait
Press
Notre
Dame
Indiana
of
Schmuhl
by
Notre
Dame,
of
Notre
Robert
University
Contemporary
University
A
The
4 LAWL
Copyright © 1986 by University of Notre Dame Press Notre Dame, Indiana 46556 All Rights Reserved
Library of Congress Cataloging-in-Publication Data
Schmuhl, Robert. The University of Notre Dame. Bibliography: p. I. University of Notre Dame—History. I. Title LD4113.S35 1986 378.772’89 86-40246 ISBN 0-268-01916-9
Manufactured in the United States of America Table of Contents
Introductory Note ix
Yesterday and Today 1 Profile of Rev. Theodore M. Hesburgh, C.SC. 18 Profile of Timothy OMeara, Provost 28 The College of Arts and Letters 34 Profile of Michael J. Loux, Dean 62 The College of Science 66 Profile of Francis J.Castellino, Dean 78 The College of Engineering 82 Profile of Roger A. Schmitz, Dean 95 The College of Business Administration 100 Profile of Frank K. Reilly, Dean 113 The Law School 116 Profile of David T. Link, Dean 130 The Graduate School 133 Profile of Robert E. Gordon, Vice President 140 Tomorrow 143 Acknowledgments and Sources 147
‘ii
A al the the the De and this par- was con- year. mat- Sorin a to Board 1882— three- to degree helped in by catalog was a studies, law of who study that complete the legal University laws of throughout of the became to 1883 department. proceedings, Father legal work, Dame of year in the curriculum, courses of of continues institute year of Hoynes, offered, time published court specific 1854, establishing Dame the J. January to Notre schools a and course later, of distinct professionalism of ji- in a in were bachelor course of first on academic of moot law a another Notre law occurrence years instruction graduate at the length country of the William became create years received. earn essay classes in of degree law Four to the weekly appeared intention an dean two Adding three-year University until in could the Law. these thorough 1872 his States. law 1882—1883 signfficant voted standard the first the students greater in of Indeed, campus 1869 a an in writing after by requirements the the school to subsequently more student program. by as United But a 1842. completing From Another pioneer
Trustees School stitutional 83, issued in announced to the return of ticipating and lowed education degree named Hoynes, partment decade ter. year which day by fourth provided 117 a a of to to the law Jus The that legal criti ques But
Notre Law profes task United how human aspects Edward schools encour and of founded Dame through- our to Chief considera lawyers oldest to all noted the he instruction scholarship the law based.” high ethical to them basis Father he the mission.” in analysis. to Notre are and which 1983, well
of The and moral legal concern completely its teaches school University in on teach moral one legal and not very the to “American School, the moral that opportunity in research, Calling auspices commitment the was of was to for according a education relationship education Providing Centre perform of fails Law said: continuing rare and ethical and a a to perform and yet with their Law legal The 1869. law assumptions students dreams education oflegal Catholic has Burger however, been part in education. sensitivity our the failed E. teaching has legal civility Dame. integrating in Dame DEDICATION London and most under Dame history of has earliest legal began standards in brilliantly especially Justice, la into reexamination Warren of a with the the THE Fostering Notre Notre the Dame’s tice training system sional for system States, AT think act Chief cal school Sorin’s tions age jurisprudential tions, out at to values leader of “Notre
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1889 Notre
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university.
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ment
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today.
root
highly ethical
1933)
volvement
duties.
day
among
the
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the versity.
significantly as
Notre Army
never
itus
til
in
had
deanship,
from of
separate
118
these
master
With
1883,
“Colonel
additions
Hoynes
in
Michigan,
dedicated.
Illinois.
During
1919
past
University
floor
and
Chicago
as
in
became
until
from
been
professor
part
was
to
of
of
Dame,
alike.”
1930
the
he
In Notre
to S.
influential, during
and
Dame.
recent
advancing
the
a
and
the
His
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the
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law
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and
three
support
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presided
Moore,
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guide
teacher,
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building,
size of
then
1919 a
1918,
the He
vanities fact,
with he
Law
the taught
very
Century
philosophical
campus
Hoynes legendary
‘
classrooms
University
Law
newspaper
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as
its
in
Hoynes
Dame
Hoynes
Administration improved
perhaps
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the
expansions
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During
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of
was
present
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ever
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called
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facilities. School,
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C.S.C.,
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1980s dean
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administrators
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tenure
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Department,
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education
College
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portion
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years.
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to 1933.
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atmosphere. Small class size and a low student- versity provide that mandate. If you don’t do it, tates, and jui faculty ratio were among his goals and the con- you’ve neglected the professional training a law- offered on a c cept of ‘pen door” faculty offices was maintained. yer needs.”Bycombining substantive knowledge parisons bet½ The “open door” policy specifies that no faculty and moral sensitivity, the Law School seeks to can law. Oth member at Notre Dame is permitted to list of- educate men and women who possess profes like public ij fice hours since students should feel welcome to sional competence as well as a partisanship for law and int consult with the faculty at any time except when justice, an ability to respond to human need, and business. Em the teacher is preparing for class. Most impor a compassion for their clients, colleagues, and jority faculty tantly, Dean Shaffer began experiments which others affected by the legal process. of a Director have resulted in Notre Dame’s unique admissions Another unique feature of Notre Dame Law American prc system. Although many law schools base admis School is its development in recent years of dis dent will not sions primarily on gradepoint averages and Law tinctive teaching and research projects in inter- league on de School Admissions Test scores, Notre Dame has national and comparative law. The centerpiece of Van Houtte, t developed a highly personalized program that this work is the Concannon Programme of Inter- at Catholic looks at many aspects of a student’s background. national La which supports a Notre Dame Lon served as the Notre Dame goes beyond the gradepoint average don Law Centre as well as scholarly endeavors on cannon Profe by doing a transcript analysis looking for factors international law conducted on campus. Founded Summer Prog such as progress made during the applicant’s un in 1968, the Notre Dame London Law Centre is Van Houtte dergraduate career and whether the student has unique in American legal education. It is the only faculty at N challenged himself or herself through difficult program that offers law study abroad on a year- search under i electives. Of more importance than the standard- round basis, including a summer school session. gramme of Jr ized test scores are an applicant’s capacity for Second-year students are able to enroll in classes At the ded leadership and a demonstrated concern for explor traditionally offered in American law schools — Centre, Fathe ing value questions and issues. Decisions about courses in such areas as business associations, marvelous thi admission are based on these latter factors be- commercial transactions, evidence, trusts and es of the world cause the legal education Notre Dame students peace (becaus receive continues to combine substantive under- a force for civ standing of the law’s practices and procedures ing Notre Da with sensitivity to the ethical and human impli Chief Justice I cations of what a lawyer does in professional life. have a broad The value orientation of the Law School distin Notre Dame: guishes it from most of the other law schools, suspect it wil whether public or private, in the United States. The Notre While pursuing moral considerations might be an than the enro adjunct activity elsewhere, it is an integral com foreign law sd ponent to the Notre Dame law program. can law progra This commitment, which draws much of its and comparau strength from the Catholic character and religious centre but de orientation of the University, pervades the teach- mal Americar ing, research, and service activities of the Law are exposed o School. In the classroom, for instance, students vironment thr are required to take courses on “law and ethics” faculty, all of during three of their six semesters. In addition, rigorous Amer a class in jurisprudence is a requirement at Notre in this progral Dame, making the Law School one of only two national envir in the country where having background in the room atmospi philosophy of law is a necessity. supplement th Exploring value questions, however, goes be- demic work at yond the required courses that revolveprincipally College, au’ around such issues. As Professor Fernand N, Du can Studk ‘ tile observes,“Mostof us in all of our classes seize riences x” the opportunity to address ethical issues. Youhave TANG T.T. LE governmen t to be alert to it, and the Law School and the Uni Law School don legal iiG The Law School 121
)U don’t do it, tates, and jurisprudence — but these courses are a variety of co-curricular activities. One such ac raining a law- offered on a comparative law basis making com tivity involves the publication of the Notre Dame ye knowledge parisons between foreign legal systems and Amen- International and Comparative Law Journal hool seeks to can law. Other courses focus directly on subjects Started in 1983to coincide with the formal dedica Dssess profes like public international law, common market tion of the London Law Centre that featured the rtisanship for law, and international regulation of trade and address of Chief Justice Burger, the Journal in- nan need, and business. European professors compose the ma- cludes original articles by scholars and students dleagues, and jonity faculty of the Law Centre, but the presence as well as the English translations of significant s. of a Director from the home campus and other court cases that have taken place in foreign coun re Dame Law American professors assures that the London stu tries. In some instances, the Journal is the only t years of dis dent will not fall behind his or her stateside col English source to provide the actual decisions that jects in inter- league on developments in American law, Hans have been rendered in key international cases, centerpiece of Van Houtte, the noted international law scholar One of the most popular co-curricular activi mme of Inter- at Catholic University in Louvain, Belgium, ties for Law Centre students is the moot court :re Dame Lon served as the first Distinguished Visiting Con- competition. Oral arguments take place in the T endeavors on cannon Professor and has taught in the London Royal Courts of Justice, seat of Britain’s highest Elpus.Founded Summer Programme since 1983.In 1981Professor courts, before American attorneys and, at times, LawCentre is Van Houtte was a member of the home campus British judges. The moot court proceedings in Lon L It is the only faculty at Notre Dame, teaching and doing re don are a part of the tradition of Notre Dame stu )ad on a year- search under the auspices of the Concannon Pro- dents receiving extensive practical experience in ±ool session. gramme of International Law. legal affairs as part of their education. During the roll in classes At the dedication ceremonies for the London early years of the Law School, moot court was a Lawschools — Centre, Father Theodore Hesburgh stated, “It’sa weekly exercise, and it was conducted to give stu associations, marvelous thing for young lawyers to be citizens dents (in the words of one catalog) “the opportu tmsts and es of the world and to know how law is a force for nity to gain poise, self-command, and quickness peace (because it’s for justice) and also how it’s of decision.” In 1950 intramural and intercolle a force for civilizing the rest of the world.” Call- giate competition became integral to the moot ing Notre Dame a pioneer in legal education, court activities. Today there are three divisions Chief Justice Burger added, “It’swhat we need to in moot court competition — appellate, trial, and have a broader gauged profession, and I think international — as well as the Notre Dame Law Notre Dame is on the way to producing that. I School Trial Competition. A highlight of moot suspect it will be copied by other law schools.” court each year is the Moot Court Final Argu The Notre Dame London experience is more ment, which involves the most successful third- than the enrollment of American students in a year students in oral argument before a Mock foreign law school and is different from an Amen- Supreme Court composed of federal and state can law program mn abroad. It is an international judges. In recent years several Justices of the and comparative law program, taught in a foreign United States Supreme Court—Thurgood Mar- centre but designed to be an integral part of a nor- shall, Potter Stewart, William Rehnquist, John mal American law school curriculum. Students Paul Stevens, and Harry Blackmun—have come are exposed to law subjects within a foreign en- to campus to judge the winner of the Final Ar- vironment through a distinguished international gument. faculty, all of this within the framework of a Since the late 1940s, the Law School has been rigorous American law school structure. Students recognized nationally for its pioneering efforts in in this program can take advantage of this inter- trial advocacy. Professor Edward Barrett, who national environment outside the Centre class- joined the faculty in 1948 and served on it over room atmosphere as well as in it. Students can thirty years, created a “practice court” to acquaint supplement the Centre’scurriculum by doing aca students with actual courtroom procedures. An demic work at the University of London, at King’s imaginative teacher who understood the value of College, and at the School of Oriental and Afni “learning by doing,” he introduced several tech can Studies. Many students enjoy clerking expe niques in the teaching of trial advocacy that were niences with London law firms or corporate or later adopted at law schools across the country. government offices, and some participate in Lon Now enhancing Notre Dame’s work and reputa don legal aid activities. Students also engage in tion in this area is the National Institute for Trial 122 The Law School
Advocacy, which moved its headquarters to the sponsored by the Institute. Besides these formal NITA teachii Law School in 1979. training activities, the Institute creates educa they also usi tional materials—books, videotapes, and audio- Directed by Notre Dame Professor James Seck Another inger, the Institute exists to help develop effec tapes — that can be used for the continuing educa sional trainir tive and professionally responsible trial lawyers tion of lawyers or in law classes. Over a hundred LegalAid am in the United States. Established in 1970, the In- audio-visual tapes and more than thirty publica learning wit] stitute annually conducts some twenty programs tions are available from the Institute. Many of the program wor and workshops at university sites throughout materials have been developed at Notre Dame by gal assistanc America. Lawyers and law school professors at- members of the Law School faculty. Commenting be an indige tend these sessions to improve their skills in the on the impact of the Institute, which works migrant wor closely with the American Bar Association and courtroom and in the classroom. In its first fif oner seeking teen years of operation, over seven thousand law- other professional groups, Professor Seckinger or federal co yers and teachers have participated in programs says: “In most law schools, faculty members use board. By pai The Law School 123
these formal NITA teaching methodologies, and in most cases fender Association, which has existed since 1965, reates educa they also use our materials.” second- and third-year students are actually able and audio- s, Another dimension to the practical, profes to make court appearances on behalf of lower in- inning educa sional training of law students is the Notre Dame come individuals in Indiana and Michigan. In ver a hundred LegalAid and Defender Association. Combining addition, Notre Dame is one of the law schools hirty publica learning with service, students involved in this authorized to provide students the opportunity Many of the . program work as interns who help to provide le to prepare legal briefs and to present oral argu otre Dame by gal assistance to people in need. The client might ments at the appellate level, The students, under Commenting be an indigent facing a small claims matter, a the supervision of faculty members, represent in- which works migrant worker with legal problems, or a pris digent clients in the United States Court of Ap sociation and oner seeking post-conviction remedies in a state peals for the Seventh Circuit, which is located in or Seckinger or federal court or before a parole or clemency Chicago. members use board. By participating in the Legal Aid and De Besidesthe various courtroom experiences that
‘ % 4
grounds
the
to effective
ing emphasis
the
in fers
tradition
ing fessor
However tiveness
effort nificance
emphasizing is
are
124
represent
agree
The
competence
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126 The Law School
the design of the building additions in 1973 and centives through summer stipends and merit pay seminal won 1986. Classrooms are arranged so as to accom increases. Most importantly, the hiring of new ing mateniali modate only small classes, and faculty offices are faculty is being made not only on the criterion written by c sufficiently large to allow for the after-class dis of teaching ability but based on potential for the The appoi cussions between faculty and students which are production of scholarship that has a national dowedprofes encouraged by the “open door” policy. Many as- impact. commitmen pects of the physical plant emphasize the person- Already the research scholarship plan is pay- cern. Profess alized training objectives of the Law School, in- ing off in a number of ways.While in the past the Studies in C cluding one of the most extensive video systems faculty as a whole was able to produce only a over forty la available at a legal institution. This system is handful of law review articles in any academic Professor of used, among other purposes, for replay of student year, now most faculty, especially those recently co-authored work in client counseling, moot court, and trial hired, are producing articles, manuscripts, and book with I advocacy.Faculty have the opportunity to critique books at a rate comparable to that of faculty in former Dean student technique on a one-on-one basis. the most prestigious law schools, For example, a professor a The experiments of the highly personalized ad- Professor Dutile is finishing his sixth book in a Blakey,the a missions system have now been firmly implanted six-year period. Associate Dean Joseph Bauer is country’s fo as an established practice. Notre Dame is perhaps co-authoring a major series of treatises on the law crime, is the the only major law school where the Dean makes of anti-trust. Professor Ripple has published a fessor of Law the final decision on every admissions file. This sor Blakey h system has worked so well that the administra Justice Depa tion is satisfied that there is no way of materially senate and c improving on the depth of quality of the student The Plot to body other than by increased financial aid to stu his service a dents. Despite concerns to the contrary, the em- the House se] phasis in the admissions process on demonstrated assassinatior leadership and value-orientation has neither lowered the median academic qualifications nor produced students who are so competitive that they cannot work civilly within the unique col legial atmosphere of Notre Dame. Current stu dents are highly competitive against their own standards but rarely feel the need to focus com petition on their classmates. Therefore, student study groups, cooperative projects, and a general collegial atmosphere abound. Making contributions to legal research and lit- erature is not new to the Notre Dame Law School but regarding scholarship with a national impact as a major mission without de-emphasizing the teaching mission requires some major develop- ments in the Law School. The faculty size has been increased, reducing individual classloads and making time available for scholarship. Also, sab baticals may be provided for those faculty mem bers needing released time to complete a major piece of research. The Summer School sessions have been eliminated allowing the faculty, on an G. ROBERT BLAKEY annual basis, a solid block of work time to do re Law School search, (The faculty had concluded that the aye- Notre Dame is not merely a rage student was place where disadvantaged by trying to accel individuals struggle within their own isolated erate his law program through summer studies,) worlds, seeking to clarify their own visions of Student research assistants are now assigned to reality, but a community that shares the faculty, and faculty are provided scholarship in- deepest values. The Law School 127
md merit pay seminal work on constitutional litigation. Teach- the Reverend Martin Luther King. liring of new ing materials used by other law schools are being As the quality and quantity of research have the criterion written by current Notre Dame faculty members. increased, professors have also become more in- ential for the The appointment of recognized scholars to en- volvedin professional work outside the traditional IS a national dowedprofessorships has focused attention on the modes of scholarship that contribute directly to commitment to make publishing a central con- the American legal system. During the past few ; plan is pay- cern. Professor Edward J. Murphy, whose book years, members of the Law faculty have partici E1the past the Studies in Contract Law is used as a textbook in pated in several significant Supreme Court cases. )duce only a over forty law schools, is the John N. Matthews Notre Dame professorshaveprepared formal briefs ny academic Professor of Law.Professor Murphy has recently on behalf of parties, and they have orally argued iose recently co-authored Sales and Credit Transactions Hand- cases in front of the high court itself. In addition, uscripts, and book with Professor Tang Thanh Trai Le, the faculty members are now more active on govern- of faculty in former Dean of Hue Law School in Vietnam, now mental and bar association committees. Dean. For example, a professor at Notre Dame. Professor C. Robert David T. Link has chaired a Section, a Standing :th book in a Blakey,the author of three books and one of the Committee, and a Special Presidential Commit- eph Bauer is country’s foremost authorities on organized tee of the American BarAssociation, and the pres es on the law crime, is the William and Dorothy O’Neill Pro- ent and immediate past reporters for the Judicial published a fessor of Law.Besides his scholarly work, Profes Conference’s Advisory Committee on Appellate sor Blakey has served as a special attorney in the Rules are members of the Notre Dame faculty Justice Department and as the chief counsel to (ProfessorsRipple and Carol Mooney). Faculty are senate and congressional committees. His book, frequently called on as experts to testify before The Plot to Kill the President, was written after congressional committees. his service as chief counsel and staff director of “The intellectual life of the law is not limited the House select committee that investigated the to academics,” notes Professor Kenneth F.Ripple. assassinations of President John F.Kennedy and “Notre Dame understands this, and the Law School has now established its intellectual self- identity, on the campus and offthe campus.” Pro- fessor Ripple, who prior to joining the faculty in 1973 served as special assistant to the Chief Jus tice of the United States Supreme Court, was ap pointed by President Ronald Reagan in 1985 as a Judge of the United States Court of Appeals for the Seventh Circuit, The first full time Notre Dame faculty member to receive a federal judge- ship, he continues to teach and to conduct re search at the Law School. The examination of the ethical and phiosophi cal implications of the law is a dominant charac teristic of the scholarly publications that are either sponsored by the Law School or researched and written by members of the Law faculty. The American Journal of Jurisprudence, which from 1956 until 1970 was called the Natural Law Forum, is perhaps the only journal in the English language devoted to investigating the principles and applications of the natural law and of legal philosophy. The journal, which promotes the scholarly search for universal standards relevant to the solution of contemporary problems, is the C where annual publication of the Natural Law Institute, vn isolated visions of established by the Law School in 1947.In addi ares the KENNETH F. RIPPLE tion to The American Journal of Jurisprudence, Law School the Natural Law Institute also sponsors one in- 128 The Law School
burgh, C.S.C., president of Notre Dame, and Ox- project. Ove ford scholars John Finnis and Joseph Raz. Other brary has bui topics of early issues were “The Line Item Veto,” but it had n “Liberty as a Value in the Constitution,” and “The qualify for c Role of the U.S. in International Organizations.” brary. In oth Describing the objective of the publication, Pro- Law library fessor Douglas W. Kmiec wrote in the foreword sion, faculty of the first issue that “the Journal’s aim is to draw of the in-depi upon religious teaching and philosophy within the were engage broad spectrum of Judeo-Christian values in order As part of to make practical application of those insights to has recogni2 timely issues of public concern.” complish it The Notre Dame Journal of Law, Ethics & must be corn Public Policy is published under the auspices of cility. This the Thomas J. White Center on Law and Coy- book and mi ernment, which Professor Kmiec directs. The School on th White Center was established at the Law School video disc st in 1977. Besides the Journal, the White Center em legal res sponsors a lecture series that brings prominent library with men and women from government, academe, and yers and qu •religion to Notre Dame. Such people as Gerald Much ha Ford, Gary Hart, Nancy Landon Kassenbaum, Lawlibrary t Leonard Woodcock, Phyllis Schlafly, Eleanor School has b Smeal, and William Bennett have delivered lec it already ha tures. In the Fall of 1985 the Center brought Jo- works which seph Cardinal Bernardin of Chicago and John Car- of further lib dinal O’Connor of New York to the University to lections is tl discuss their views of the relationship between of jurisprude: Catholicism and contemporary political and so- some rare oh (REV)MICHAEL McCAFFERT C.S.C. cial issues. sity through Law School Many of the lectures are later revised and pub- Library colle The Catholic university must not only en- lished in the Notre Dame Journal ofLaw, Ethics commitmeni courage the development ofnew knowledge & Public Policy. Much of the editorial work that The Americ and critical thinking, it must also assist is done on the Journal is completed by second- lished at Nol committed men and women in their efforts to and third-year law students who are chosen to be build on this deepen and articulate their faith. White Scholars. Selected on a competitive basis, The librar these scholars take part in the various activities international vited lecture on campus each year. Some of the of the Center, and they also conduct research on worthy. Main lecturers have included Lon J.Fuller, John Rawls, the ethical implications of public policy questions Human Righ and Robert Nozick. and topics. This research takes place on campus library and ar In 1984 the first issue of The Notre Dame Jour- and during summer internships in Washington, of the U.S.Co nal of Law, Ethics & Public Policy appeared. This D.C., where the students work in governmental the personal quarterly publication is unique among legal pe and policy-related agencies. A specific goal for served fifteen riodicals because it analyzes legal and public is- each scholar is the preparation of a publishable a Commissio: sues from an ethical perspective. Each issue of the article for the Journal. The larger objective of the Commission Journal focuses on a single topic, and scholars, White Center’s programs for students is the train- end of 1972. policymakers, and advanced law students from irigof men and women for public service through lection are ti Notre Dame explore the subject from a variety the combining of a value-oriented legal education tional human of viewpoints and use differing approaches and with practical governmental experience. President Ge: methodologies. The inaugural issue on “Law and The heart of law school scholarship is the Law Vietnam-era d Morality” featured articles by President Ronald School library. The library is the law scholar’s offenses, the t Reagan, Governor Mario Cuomo of New York, laboratory and scholarship can be no better than Civil Rights I Congressman Henry Hyde, Rev.Theodore M. Hes the library materials available for any particular tice, documer The Law School 129
ame, and Ox- project. Over the years the Notre Dame Law li formation about the status and treatment of rein- h Raz. Other brary has built up an adequate working collection, gees around the world. e Item Veto,” but it had neither the materials nor the staff to Besides serving as a rich resource for scholars on,”and “The qualify for classification as a quality research li doing research about domestic, civil, and inter- Eanizations.” brary. In other words, although the Notre Dame national human rights, the Center for Civil and lication, Pro- Law library was sufficient for the teaching mis- Human Rights has sponsored publications, sym the foreword sion, faculty had to use other libraries for much posia, and lectures. A major study of the Clem im is to draw of the in-depth scholarship research in which they ency Program that led to President Jimmy Carter’s hy within the were engaged. declaration of amnesty was carried out by the flues in order As part of the planning process the University Center, and it has conducted conferences on the se insights to has recognized that if the Law School is to ac treatment of the terminally ill and the rights of complish its scholarly mission the Law library the parents in the education of children. Such pub- w, Ethics & must be converted into a high quality research fa lic figures as Earl Warren, Arthur Goldberg, and e auspices of cility. This means increasing the depth of the R. Sargent Shriver have come to campus under aw and Gov book and microfilm holdings and putting the Law the Center’s auspices. directs. The School on the cutting edge of computer research, The University has made a major commitment Law School video disc storage, and other techniques of mod- to the research library concept. The 1986 build- Vhite Center em legal research. It also means staffing the Law ing addition is designed mainly to accommodate s prominent library with librarians who are themselves law- the expanded collection, new technology and staff icademe, and yers and qualified legal researchers. of a research library. A substantial increase in the 1e as Gerald Much has been done to begin to convert the library’soperating budget has been authorized and (assenbaum, Lawlibrary to a quality research facility. The Law significant amounts have already been allocated. Ifly, Eleanor School has begun the process by recognizing that Perhaps most significantly, the University has lelivered lec it already has two special collections that contain hired one of the nation’s most respected law li r brought Jo- works which are unique and can form the nucleus brarians, Roger Jacobs, who is a professor of law md John Car- of further library development. One of these col as director of the law library at Notre Dame. Pro- ]niversity to lections is the Law School holdings in the field fessor Jacobs, who until 1985 was the Head Li- hip between of jurisprudence. Many of these books, including brarian of the Library of The United States Su itical and so- some rare old manuscripts, came to the Univer preme Court, has served as president of both the sity through the gift of the Gould Natural Law American and the Canadian Associations of Law sed and pub- Library collection. With Notre Dame’s special Libraries. His experience will be critical to the CLaw,Ethics commitment to jurisprudence and the fact that development of a research library. He has already ial work that The American Journal of Jurisprudence is pub- hired a talented and service-oriented library staff d by second- lished at Notre Dame, the Law School plans to to assist both faculty and students. As director of chosen to be build on this special collection. research and law librarian, he has the goal ofbuild- etitive basis, The library and archive in American civil and ing the KresgeLawLibrary into, in his words,‘ne us activities international human rights is particularly note- of the nation’s best.” t research on worthy. Maintained by the Center for Civil and In future years, the Law School will continue icy questions Human Rights, which was founded in 1973, the to pursue its traditional mission of preparing stu e on campus library and archive contain all of the publications dents to become lawyers who combine technical Washington, of the U.S.Commission on Civil Rights, including competence with compassion and a conscience. overnmental the personal papers of Father Hesburgh, who The foundation to do this extends back to the ific goal for served fifteen years (from 1957 through 1972)as nineteenth century and is rooted in the values and publishable a Commission member. He was Chairman of the spirit of the institution. The contemporary envi ective of the Commission from 1969 until he resigned at the ronment, however,is quite different from the past. S IS the train- end of 1972. Other materials in this unique col Scholarly research and professional activities out- vice through lection are the publications of several intema side the classroom have assumed much greater ;al education tional human rights organizations, the records of significance, the success in these areas serving to ence. President Gerald Ford’s Clemency Board about enhance the standing of the Law School within .ipis the Law Vietnam-era draft violations and military absence the legal community at large. During the next aw scholar’s offenses, the trial and appellate court briefs of the decade, the Law School has a dual challenge: re better than Civil Rights Division of the Department of Jus taming its distinctive character and continuing :iy particular tice, documents on American Indian law, and in- to improve its national impact. 130 The Law School
PROFILE DAVID T. LINK DEAN THE LAW SCHOOL WHEN DEAN DAVIDT. LINK talks about the Law School, he emphasizes the distinctive nature of a Notre Dame legal education and the “tremendous sense of change” in the Law School since 1970. Link bases the assessment on a diversity of experience in three different capacities at the School. He is a Notre Dame law graduate (class of 1961),a professor (since 1970), and the Law dean (since 1975). Link, who also received his bachelor’s degree from Notre Dame’s College of Commerce in 1958, acteristicsees “an orientation towards the value questions involved in the law” as the distinguishing char of the Law SchooL “The moral and ethical questions are raised here with the same im tensity that the substantive and procedural issues are discussed,” he says. “There are simply very few law schools that emphasize this aspect to the same degree. That does not mean that I would not like to see this emphasized even more, and our new curriculum plan suggests ways that will happen” teacher of several classes that focus on legal ethics and professional responsibility, Link be- A lieves that faculty members and students have to be careful in considering the value questions that surround the law. “We should not indoctrinate students with some set of pat answers,” he notes. “Ethical questions are not that easy and moral philosophy is very personaL But we try to get people to explore all sides of the moral and ethical dilemmas that confront both the lawyer and the lawyer’s client” Teaching future lawyers how to develop a professional and ethical relationship with clients is a fundamental concern for Link, who was a trial attorney and administrator in the Department of the Treasury in the l960s before becoming a senior partner in a large Chicago law firm. He is currently on a leave of absence from the firm of Winston and Strawn. His experience also in- volves significant civil rights work. He served on two Human Relations Commissions, partici pated in civil rights litigation, and is the author of model fair housing legislation. Link remarks, “Alot of people don’t realize it, but in the code of professional responsibility for lawyers there is a responsibility put on the lawyer to raise the moral questions with his client. Not many law- yers do. Not many lawyers were ever trained to do that. Lawyers who have gone to Notre Dame are trained to raise the moral questions with their client. I hope no one will leave this law school without knowing how to do this” The unique nature of studying for a year abroad at the London Law Centre is another distinc tive feature of the Law School. This program, which has no counterparts in American legal edu cation, is significant for several reasons, according to Link. “There’s a growing need for people with knowledge in international and comparative law because many legal questions are now go- ing beyond the border, and many important issues have major legal aspects, like arms treaties, immigration issues and world hunger questions We need more people interested in the world s problems who are trained in more than one legal system. But, even beyond that, this type of train- ing is helpful to the lawyer who never does international and comparative work. Studying in Lon don develops creativity. One of the problems with the legal profession in this country is that many people have been trained in only one system and they doift know there are different ways of doing things!’ Link notes that several issues facing the American legal system—for example, the value of jury trials in deciding civil suits and whether losing parties should pay legal expenses in cer tam circumstances — have already been confronted in foreign countries. Lawyerswith backgrounds in international and comparative law are better equipped to understand and to resolve these do- mestic legal concerns. Many of the changes affecting the Law School since 1970 involve growth: Two major building expansions. Enlargement of the library collections. Significant increases in the student body and faculty. The establishment of new research centers. A greater number of scholarly publications The Law School 131
nctive nature School since acities at the 970), and the nerce in 1958 çuishing char the same in- C simply very that I would ays that will ility, Link be- lue questions
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with clients Department law firm. He ience also in- ions, partici ink remarks, Lawyersthere lot many law- Notre Dame as law school uther distiiic an legal edu ed for people 5 are now go- rms treaties, n the world’s type of train- dying in Lon is that many waysof doing ale, the value enses in cer backgrounds )lve these do- r# iajor building ent body and publications
132
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