Notre Dame Law Review
- A LACK OF UNIFORMITY, COMPOUNDED, IN IMMIGRATION LAW.
- The boundless treaty power within a bounded Constitution.
- Expecting the unexpected.
- TO STAY OR NOT TO STAY: COMPETING MOTIONS IN THE SHADOW OF MULTIDISTRICT LITIGATION.(National Prescription Opiate Litigation, In re)
- Standing doctrine's state action problem.
- BOUNDED RATIONALITY AND THE THEORY OF PROPERTY.
- AGAINST THE CHENERY II "DOCTRINE".(SEC v. Chenery Corp.)
- The parental choice fallacy in education reform debates.
- Creativity, improvisation, and risk: copyright and musical innovation.
- Institutional practice, procedural uniformity, and as-applied challenges under the Rules Enabling Act.
- A PRACTICE WORTH ENDING: EPS GUIDANCE HARMING LONG-TERM GROWTH.
- Compensation's role in deterrence.
- The tort foundation of duty of care and business judgment.
- Boundaries, extraterritoriality, and patent infringement damages.
- The revolving door.
- CALLING BALLS AND STRIKES? CHIEF JUSTICE ROBERTS IN OCTOBER TERM 2019.(John G. Roberts, Jr.)
- THE ROLE OF EMOTION IN CONSTITUTIONAL THEORY.
- Erie's four functions: reframing choice of law in federal courts.
- TECHNOLOGY, TRADITION, AND "THE TERROR OF THE PEOPLE."
- Three concepts of dignity in constitutional law.
- PRECEDENT IN A POLARIZED ERA.
- BLANK CHECKS: AN ANALYSIS OF EMERGENCY ACTIONS WARRANTING UNILATERAL EXECUTIVE ACTION.
- APPRAISAL ARBITRAGE: IN CASE OF EMERGENCY, BREAK GLASS.
- What happens to the "bad apples": an empirical study of suspensions in New York City schools.
- APPRAISAL ARBITRAGE: IN CASE OF EMERGENCY, BREAK GLASS.
- A proposed standard for amended section 5 of the Voting Rights Act of 1965 as applied to redistricting.
- ABSTAINING EQUITABLY.(The Nature of the Federal Equity Power)
- STRUCTURAL CHANGE IN STATE POSTCONVICTION REVIEW.
- A QUALIFIED DEFENSE OF QUALIFIED IMMUNITY.
- Virtue, freedom, and the First Amendment.
- Policing the firm.
- Regulatory litigation in the European Union: does the U.S. class action have a new analogue?
- Foresight bias in patent law.
- Communicative content and legal content.
- The phenomenology of gridlock.
- MOVEMENT ADMINISTRATIVE PROCEDURE.
- Law enforcement as political question.
- Jefferson meets Coase: land-use torts, law and economics, and natural property rights.
- Returning veterans and disability law.
- The law and economics of products liability.
- RETHINKING PATENTS WITHIN THE NATURAL LAW.
- SHELLS OF THE STORES THEY ONCE WERE: RETURNING VACANT RETAIL PROPERTY TO PRODUCTIVE USE IN THE MIDST OF THE 'RETAIL APOCALYPSE'.
- No excuse: the failure of the ICC's article 31 "duress" definition.
- The case for legal regulation of physicians' off-label prescribing.
- THE MARKET AS NEGOTIATION.
- REGULATION AND THE NEW POLITICS OF (ENERGY) MARKET ENTRY.
- REDISCOVERING CORFIELD V. CORYELL.
- UNDERSTANDING TERMINATIONS FOR "DISABILITY-CAUSED MISCONDUCT" AS FAILURES TO PROVIDE REASONABLE ACCOMMODATION.
- On viewing the courts as junior partners of Congress in statutory interpretation cases: an essay celebrating the scholarship of Daniel J. Meltzer.
- Why should we care about an agency's special insight?
- Our anchor for 225 years and counting: the enduring significance of the precise text of the Constitution.
- SECURITIES LAW IN THE SIXTIES: THE SUPREME COURT, THE SECOND CIRCUIT, AND THE TRIUMPH OF PURPOSE OVER TEXT.
- State extraterritorial powers reconsidered.
- Twombly and Iqbal reconsidered.
- UP IN SMOKE: WHY REGULATING SOGIAL MEDIA LIKE BIG TOBACCO WON'T WORK (YET!).
- FEDERAL COURTS, PRACTICE & PROCEDURE.
- Collateral consequences and the preventive state.
- The curious case of Seminole Rock: revisiting judicial deference to agency interpretations of their ambiguous regulations.
- Defending the "other" First Amendment freedom: state campaign disclosure laws and the free exercise of religion.
- The war on antiquities: United States law and foreign cultural property.
- Return to political theology.
- The market power model of contract formation: how outmoded economic theory still distorts antitrust doctrine.
- WHAT ORIGINALISM CAN TEACH HISTORIANS: HISTORY AS ANALOGY, MEANS-ENDS TESTS, AND THE PROBLEM OF HISTORY IN BRUEN.
- PRECEDENT AND PRECLUSION.
- Article III as a constitutional compromise: modern textualism and state sovereign immunity.
- Circuit Court interpretations of Garcetti v. Ceballos and the development of public employee speech.
- Labor in faith: a comparative analysis of Hosanna-Tabor v. EEOC through the European Court of Human Rights' religious employer jurisprudence.
- Has the Bowsher doctrine solved the debate? The relationship between standing and intervention as of right.
- A SOLUTION FOR THE THIRD-PARTY DOCTRINE IN A TIME OF DATA SHARING, CONTACT TRACING, AND MASS SURVEILLANCE.
- Science, law, and truth: defining the scope of the Daubert trilogy.
- ELIMINATING THE FUGITIVE DISENTITLEMENT DOCTRINE IN IMMIGRATION MATTERS.
- The appointment and removal of William J. Marbury and when an office vests.
- Justice Scalia, implied rights of action, and historical practice.
- The political branches and the law of nations.
- The rule of law and the judicial function in the world today.
- A note on incentives, rights, and the public domain in copyright law.
- Site-specific laws.
- Intragenerational constitutional overruling.
- The criminalization of compliance.
- Religion and social coherentism.
- THE LIMITATIONS OF PRIVACY RIGHTS.
- ALGORITHMIC LEGAL METRICS.
- If religious liberty does not mean exemptions, what might it mean? The Founders' constitutionalism of the inalienable rights of religious liberty.
- MICHIGAN'S RELIGIOUS EXEMPTION FOR FAITH-BASED ADOPTION AGENCIES: STATE-SANCTIONED DISCRIMINATION OR GUARDIAN OF RELIGIOUS LIBERTY?
- The Western cultural model of creativity: its influence on intellectual property law.
- THE DISCRIMINATION PRESUMPTION.
- THE MYTH OF THE FEDERAL PRIVATE NONDELEGATION DOCTRINE.
- The court-packing plan as symptom, casualty, and cause of gridlock.
- Customary international law as U.S. law: a critique of the revisionist and intermediate positions and a defense of the modern position.
- Neither rules nor standards.
- Banking and the social contract.
- Special education, poverty, and the limits of private enforcement.
- SYMPOSIUM: FREEDOM SEEKERS: THE TRANSGRESSIVE CONSTITUTIONALISM OF FUGITIVES FROM SLAVERY.(Constitutional Reconstruction: History and the Meaning of the Thirteenth, Fourteenth, and Fifteenth Amendments)
- Originalism and the colorblind Constitution.
- ON PUBLIC EMPLOYEES AND JUDICIAL BUCK-PASSING: THE RESPECTIVE ROLES OF STATUTORY AND CONSTITUTIONAL PROTECTIONS FOR GOVERNMENT WHISTLEBLOWERS.
- A (modest) separation of powers success story.
- The curious history of the Alien Tort Statute.
- Litigation realities redux.
- STANDING FOR NOTHING.
- The Wartime Suspension of Limitations Act, the Wartime Enforcement of Fraud Act, and the war on terror.
- Virtual takings: the coming Fifth Amendment challenge to net neutrality regulation.
- GUNS, ANALOGIES, AND CONSTITUTIONAL INTERPRETATION ACROSS CENTURIES.
- PREEMPTION EXEMPTION: FDA-APPROVED ABORTION DRUGS AFTER DOBBS.
- Religious exemptions, third-party harms, and the establishment clause.
- Compensatory damages are not for everyone: section 1997e(e) of the Prison Litigation Reform Act and the overlooked amendment.
- Collateral consequences and the preventive state.
- Raising walls against overlapping rights: preemption and the right of publicity.
- RELIGIOUS LIBERTY, DISCRIMINATION, AND SAME-SEX MARRIAGE: ESCAPING THE OBERGEFELL CATCH-22.
- The emperor's new clothes: exposing the failures of regulating land use through the ballot box.
- EQUITABLE REMEDIES: PROTECTING "WHAT WE HAVE COMING TO US".
- STAYING AFLOAT AND ENGAGED IN TODAY'S FLOODED MARKETPLACE OF SPEECH.
- Generation C: childhood, code, and creativity.(conceptualization of digital childhood)(II. Development and Generation C A. Goffman and the "Digital Native" through Conclusion, with footnotes, p. 2003-2030)(Symposium: Educational Innovation and the Law)
- THE LIMITS OF CHURCH AUTONOMY.
- Time-bars: RICO-criminal and civil-federal and state.
- The troublesome religious roots of religious neutrality.
- Spill your (trade) secrets: knowledge networks as innovation drivers.
- Nonincorporation: the Bill of Rights after McDonald v. Chicago.
- (In)valid patents.
- The teaching function of patents.
- STRUCTURALLY HARMLESS: WHY BRECHT SHOULD APPLY ON COLLATERAL REVIEW OF STRUCTURAL ERRORS.
- A CASE FOR ZONING.
- Giving teeth to Sherman Act enforcement in the intrabrand context: weaning courts off their interbrand addiction post-Sylvania.
- A hands-off approach to religious doctrine: what are we talking about?
- Umpires, empathy, and activism: lessons from Judge Cardozo.
- Participation as a theory of employment.
- WAS BIVENS NECESSARY?
- Rethinking the intersection of inheritance and the law of tenancy in common.
- IS THE FEDERAL RESERVE CONSTITUTIONAL? AN ORIGINALIST ARGUMENT FOR INDEPENDENT AGENCIES.
- FRAUDULENTLY INDUCED CONFESSIONS.
- The twin aims of Erie.
- A pirate looks at the twenty-first century: the legal status of Somali pirates in an age of sovereign seas and human rights.
- ANTITRUST ANTITEXTUALISM.
- The legality of class action waivers in employment contracts.
- REJECTING THE DE MINIMIS DEFENSE TO INFRINGEMENT OF SOUND RECORDING COPYRIGHTS.
- STATE REJECTION OF FEDERAL LAW.
- A WORKABLE SUBSTANTIVE DUE PROCESS.
- STARE DECISIS AS AUTHORITY AND ASPIRATION.
- PUT MAHANOY WHERE YOUR MOUTH IS: A CLOSER LOOK AT WHEN SCHOOLS CAN REGULATE ONLINE STUDENT SPEECH.
- Powers, rights, and section 25.
- NARROWING THE TRAPDOOR OF THE GOVERNMENT EMPLOYEE RIGHTS ACT.
- DNA and distrust.
- Virtue jurisprudence and the American Constitution.
- The politics of statutory interpretation.
- THE LAW WANTS TO BE FORMAL.
- A 'second Magna Carta': the English Habeas Corpus Act and the statutory origins of the habeas privilege.
- Regulating systemic risk: towards an analytical framework.
- VALUING BLACK AND FEMALE LIVES: A PROPOSAL FOR INCORPORATING AGENCY VSL INTO TORT DAMAGES.(value of a statistical life)
- THE SUPREME COURT BAR AT THE BAR OF PATENTS.
- Bankruptcy's gray area: are bankruptcy courts 'courts of the United States'?
- BEYOND BANKRUPTCY: RESOLUTION AS A MACROPRUDENTIAL REGULATORY TOOL.
- Parting the Chevron sea: an argument for Chevron's greater applicability to cabinet than independent agencies.
- In memoriam: Professor Charles E. Rice.
- DUE PROCESS, FREE EXPRESSION, AND THE ADMINISTRATIVE STATE.
- A RULE-BASED METHOD FOR COMPARING CORPORATE LAWS.
- The appointment and removal of William J. Marbury and when an office vests.
- On the road again: the D.C. circuit reinvigorates the work-product doctrine in United States v. Deloitte & Touche.
- THE NEVER-ENDING ASSAULT ON THE ADMINISTRATIVE STATE.
- PUBLIC RIGHTS AFTER OIL STATES ENERGY.
- Solicitation, extortion, and the FCPA.(Foreign Corrupt Practices Act of 1977)
- HOW FAVORED, EXACTLY? AN ANALYSIS OF THE MOST FAVORED NATION THEORY OF RELIGIOUS EXEMPTIONS FROM CALVARY CHAPEL TO LAND ON.
- PREVENTING UNDESERVED PUNISHMENT.
- TENDER AND TAINT: MONEY AND COMPLICITY IN ENTANGLEMENT JURISPRUDENCE.
- REVOKING WILLS.
- Reflections on comity in the law of American federalism.
- THE INTRACTABILITY OF QUALIFIED IMMUNITY.
- PAYORS, PLAYERS, AND PROXIMATE CAUSE.(misleading drug labels)
- Cloud cover: privacy protections and the Stored Communications Act in the age of cloud computing.
- INDIVIDUAL RIGHTS UNDER STATE CONSTITUTIONS IN 2018: WHAT RIGHTS ARE DEEPLY ROOTED IN A MODERN-DAY CONSENSUS OF THE STATES?
- Subjective art; objective law.
- ACCOUNTABILITY FOR NONENFORCEMENT.
- THE ATTORNEY GENERAL AND EARLY APPOINTMENTS CLAUSE PRACTICE.
- RETHINKING LEGISLATIVE FACTS.
- INTERPRETING STATE STATUTES IN FEDERAL COURT.
- Rethinking the presumption of constitutionality.
- STANDING, EQUITY, AND INJURY IN FACT.(response to article by Samuel L. Bray and Paul B. Miller in this issue, p. 1763)(The Nature of the Federal Equity Power)
- Death of paradox: the killer logic beneath the standards of proof.
- RULE OR REASON? THE ROLE OF BALANCING IN ANTITRUST LAW.
- Biblical literalism and constitutional originalism.
- RULE 4 AND PERSONAL JURISDICTION.(Federal Rules of Civil Procedure)
- Patent cases and public controversies.
- A framework for bailout regulation.
- PRIVACY QUI TAM.
- FORMALISM, FERGUSON, AND THE FUTURE OF QUALIFIED IMMUNITY.
- A non-contentious account of Article III's domestic relations exception.
- Seven pillars of a new evidentiary paradigm: the Food, Drug, and Cosmetic Act enters the genomic era.
- Who is the attorney general's client?
- Representational competence: defining the limits of the right to self-representation at trial.
- Benign partisanship.
- Catholic constitutionalism from the Americanist controversy to 'Dignitatis Humanae'.
- Partly acculturated religious activity: a case for accommodating religious nonprofits.
- "OF SUBSTANTIAL RELIGIOUS IMPORTANCE": A CASE FOR A DEFERENTIAL APPROACH TO THE MINISTERIAL EXCEPTION.
- IS CONGRESS HOLDING ITSELF TO ACCOUNT? ADDRESSING CONGRESS' SEXUAL HARASSMENT PROBLEM AND THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 REFORM ACT.
- THE HORROR CHAMBER: UNQUALIFIED IMPUNITY IN PRISON.
- FROM HUMPHREY'S EXECUTOR TO SEILA LAW: ENDING DUAL FEDERAL ANTITRUST AUTHORITY.
- THE VRA AT A CROSSROADS: THE ABILITY OF SECTION 2 TO ADDRESS DISCRIMINATORY DISTRICTING ON THE EVE OF THE 2020 CENSUS.
- The privacy policymaking of state attorneys general.
- Too many cooks in the kitchen? The potential concerns of finding more parents and fewer legal strangers in California's recently proposed multiple-parents bill.
- Don't be so impatient.
- THE ENDURING CHALLENGES FOR HABEAS CORPUS.
- Collateral censorship and the limits of intermediary immunity.