News and views from the University of Notre Dame

Author: Dennis Brown and Michael O. Garvey

Miranda: The Miranda decision, which requires police to read suspects their rights, will be revisited this month by the Supreme Court in Dickerson v. U.S. Jimmy Gurule , professor of law at Notre Dame and a former federal prosecutor, says: “My view is that the Miranda warning is a good thing. It keeps police honest and enhances professionalism. Is it constitutional? I think that’s questionable.” *Professor Gurule is available for further comment at (219) 631-5917 or

  • p. Peru: The Peruvian president election “was scary,” says Notre Dame political scientist Scott Mainwaring , of the vote this week that leaves President Alberto Fujimori facing a run-off against Alejandro Toledo. “Everything points to an attempt by the government to use fraud to win the election, and the fraud was successful ? to a degree.” Mainwaring adds, however, that there is some good news. “First, the response of the international community in defense of democracy was resounding,” he says. “The head of the Organization of American States (OAS) delegation, Eduardo Stein, stated that ‘something sinister was going on.’ That’s extraordinarily strong language for an OAS diplomat. Also extremely positive is the fact that the outcry was bilateral. It’s a step forward in my view, although the Fujimori government obviously disagrees with me and denounced Yankee interventionism. With a high degree of likelihood, Fujimori would have stolen the election outright without the strong international response. Second, the Peruvian response was also dramatic. Peruvians mobilized en masse in favor of clean elections and democracy, and against electoral fraud. This response is especially heartening because only eight years ago, when Fujimori effected a palace coup and shut down democratic institutions, most Peruvians supported him. Today, many more are tired of autocratic leaders who do not respect democratic rules of the game.” *Professor Mainwaring can be reached for further comment at (219) 631-8530 or .
  • p. Nasdaq : In the wake of the large decline in the Nasdaq index in the past month, “this market is a stock pickers’ paradise with lots of traps and opportunities,” says Frank Reilly , Bernard J. Hank Professor of Business Administration at Notre Dame and author of “Investment Analysis and Portfolio Management,” the largest selling investment textbook in higher education. “The Nasdaq is very heavily weighted with technology stocks and, in turn, the tech stocks can be separated between some, such as Cisco and Intel, that have real earnings and cash flow and the many Internet stocks that have sales but are losing money and have negative cash flows. Given the recent decline, I would consider some of the stocks that have earnings and growth because they may have come down from their lofty price/earnings ratios and be potentially good stocks at current prices. I am neither bullish nor bearish about the market, but feel excited about individual stocks.” *Professor Reilly can be reached for further comment at (219) 631-6393 or .
  • p. UN sanctions : An unprecedented study by two Notre Dame faculty members on the use of economic sanctions by the United Nations will be the subject of a symposium Monday (April 17) in New York City featuring UN Secretary General Kofi Annan and Canadian minister of foreign affairs Lloyd Axworthy. “The Sanctions Decade: Assessing UN Strategies in the 1990s,” was written by George Lopez , professor of government and a faculty fellow in Notre Dame’s Kroc Institute for International Peace Studies, and David Cortright, guest lecturer in the Kroc Institute. Commissioned by the International Peace Academy and funded by the government of Canada, the study proposes a set of criteria for judging the political, social, and humanitarian impact of economic sanctions and provides detailed case studies of the sanctions and embargoes imposed on Libya, Sudan, Afghanistan, Cambodia, Angola, Sierra Leone, Somalia, Liberia and Rwanda. Professor Lopez is available for further comment at (219) 631-6972; Professor Cortright is at (219) 631-8536. p. Microsoft : In the wake of last week’s ruling that Microsoft Corporation violated antitrust laws, the massive software company faces a future filled with appeals, lawsuits, penalties and ? though unlikely ? even its breakup, according to a Notre Dame Law School professor. “My guess is that the chances of the ultimate structural remedy ? the breakup of Microsoft ? are only about 50-50,” said Joseph Bauer , professor of law and an expert on antitrust laws. “What’s more likely are injunctive remedies that would require Microsoft to change its relationships with both competitors and customers. These would be designed to limit its market power and, in time, to erode it.” Bauer added that the Microsoft case has positive implications that go far beyond the specific ruling. “The broader impact of this case is that it says something about the renewed role of the antitrust laws,” Bauer said. “These laws are designed to promote consumer welfare, and the fact that the Department of Justice pursued the Microsoft case so vigorously shows that there is renewed commitment to enforcing them.” *Professor Bauer can be reached for further comment at (219) 631-6514 or .
  • p. Invasive species: Notre Dame biologist David Lodge has been appointed chair of the Invasive Species Advisory Committee by Secretary of the Interior Bruce Babbitt. The committee provides information and formulates plans on how best to deal with issues such as the invasion of the zebra mussel in the Great Lakes and the outbreak of the West Nile-like virus in New York. “Invasive species constitute one of the most important environmental issues in the world, and one that is just being recognized as such,” Lodge, a professor of biological sciences, told Notre Dame’s student newspaper, The Observer. “One of the major difficulties in dealing with invasive species is that you can’t pass one law to keep all species out. There are thousands of ways they can get into the country. While we all benefit from certain exotic species, such as vegetables and fruits, we need to be concerned about invasive species that impact human health negatively and bring about loss of biodiversity.” *Professor Lodge can be reached for further comment at (219) 631-6094 or .
  • p. Human Genome Project : A new book edited by Notre Dame’s Phillip R. Sloan takes an interdisciplinary look at the often controversial Human Genome Project. In “Controlling Our Destinies,” published by Notre Dame Press, scholars from the fields of philosophy, history, ethics, theology and the natural sciences examine the complex and far-reaching issues surrounding the project. Contributors discuss the historical background of the project, issues behind the concepts of “code” and “genes,” the implicit reductionism in contemporary human genetics, and the challenge the project presents for theological perspectives on human life. Sloan is a professor in the Program of Liberal Studies and director of Notre Dame’s Program in Science, Technology and Values. *Professor Sloan can be reached for comment on the Human Genome Project at (219) 631-5221 or 631-5015 or .
  • p. Wall Street : Recent reports of talks between the New York Stock Exchange and the National Association of Securities Dealers (Nasdaq) are a “symptom of the tremendous pressure all exchanges are under today as a result of the rapidly changing technology,” says Paul Schultz , John W. and Maude Clarke Professor of Finance at Notre Dame and coauthor of an acclaimed study that led to the restructuring of Nasdaq. “Today, individual investors can easily access the same information through the Internet that professional traders use. Moreover, they can now trade directly with each other through the Internet without the intermediation services that exchanges have traditionally provided. In the next few years, we will see tremendous changes in the way securities are traded.” *Professor Schultz can be reached for further comment at (219) 631-3338 or .
  • p. Catholic universities : Sister Alice Gallin, O.S.U. , a life trustee of Notre Dame and former executive director of the Association of Catholic Colleges and Universities, has written a new book titled “Negotiating Identity: Catholic Higher Education since 1960.” Published by Notre Dame Press , the book reviews developments in Catholic higher education during the past four decades and examines the process by which these institutions acclimated themselves to the standards of the American academy and, at the same time, attempted to retain their Catholic characters and missions. For more information, contact Julie Dudrick, director of promotions for Notre Dame Press, at (219) 631-6346.

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