Notre Dame Law Review
- QUALIFIED IMMUNITY: TIME TO CHANGE THE MESSAGE.
- AN ORGANIZATIONAL ACCOUNT OF STATE STANDING.
- Rehabilitating the property theory of copyright's First Amendment exemption.
- The jurisprudence of the Hughes Court: the recent literature.
- Deciphering the chemical soup: using public nuisance to compel chemical testing.
- Police body-worn camera policy: balancing the tension between privacy and public access in state laws.
- TO STAY OR NOT TO STAY: COMPETING MOTIONS IN THE SHADOW OF MULTIDISTRICT LITIGATION.
- Standing doctrine's state action problem.
- AN ORIGINALIST APPROACH TO PROSPECTIVE OVERRULING.
- Death of paradox: the killer logic beneath the standards of proof.
- The meanings of the 'privileges and immunities of citizens' on the eve of the Civil War.
- The Alien Tort Statute and federal common law: a new approach.
- CONTINGENCY AND CONTESTATION IN CHRISTIANITY AND LIBERALISM.
- The equitable Anti-Injunction Act.
- ROVING EXTRATERRITORIALITY: THE MURKY DOCTRINE ON STATE LAWS REGULATING ABSENT CITIZENS.
- GUNS, ANALOGIES, AND CONSTITUTIONAL INTERPRETATION ACROSS CENTURIES.
- NARROWING THE TRAPDOOR OF THE GOVERNMENT EMPLOYEE RIGHTS ACT.
- Aggregation and constitutional rights.
- Virtue, freedom, and the First Amendment.
- Bringing the market to students: school choice and vocational education in the twenty-first century.
- PREVENTING UNDESERVED PUNISHMENT.
- Partly acculturated religious activity: a case for accommodating religious nonprofits.
- THE INCOHERENCE OF EVIDENCE LAW.
- DNA and distrust.
- THE PRIMACY OF FREE EXERCISE IN PUBLIC-EMPLOYEE RELIGIOUS SPEECH.
- Honoring Dan Meltzer - congressional standing and the institutional framework of Article III: a comparative perspective.
- Reconciling intellectual and personal property.
- TECHNOLOGY, TRADITION, AND "THE TERROR OF THE PEOPLE."
- REINING IN STATE STANDING.
- The standard for measuring the validity of a Federal Rule of Civil Procedure: the Shady Grove debate between Justices Scalia and Stevens.
- Penn Central take two.
- Privatizing mass settlement.
- Null preemption.
- STATE REJECTION OF FEDERAL LAW.
- Removing from state administrative agencies.
- AGAINST SECONDARY MEANING.
- Is expert evidence really different?
- Of human dignities.
- THE BREAKDOWN OF INTERNATIONAL TREATIES.
- BATTLEGROUNDS FOR BANNED BOOKS: THE FIRST AMENDMENT AND PUBLIC SCHOOL LIBRARIES.
- The case for legal regulation of physicians' off-label prescribing.
- OVERSIGHT RIDERS.
- THE PRIVATIZED AMERICAN FAMILY.
- LIFE IN THE SWEATBOX.
- Compensation's role in deterrence.
- Conscience and Its Enemies: Confronting the Dogmas of Liberal Secularism.
- GOING ROGUE: MOBILE RESEARCH APPLICATIONS AND THE RIGHT TO PRIVACY.
- Death of paradox: the killer logic beneath the standards of proof.
- Sustained dissent and the extended deliberative process.
- Democracy and international human rights law.
- The court-packing plan as symptom, casualty, and cause of gridlock.
- PROSECUTING CORRUPTION AFTER MCDONNELL V. UNITED STATES.
- Preemption as inverse negligence per se.
- REGULATION AND THE NEW POLITICS OF (ENERGY) MARKET ENTRY.
- Honoring Dan Meltzer.
- An intersubjective treaty power.
- The case against institutional conscience.
- In memoriam: Professor Charles E. Rice.
- The resurrection of the 'single scheme' exclusion to RICO's pattern requirement.
- Proportionality in counterinsurgency: a relational theory.
- Crowdfunding securities.
- LIBERALISM AND ORTHODOXY: A SEARCH FOR MUTUAL APPREHENSION.
- Creativity, improvisation, and risk: copyright and musical innovation.
- CANCELLING CAPITALISM?
- THE EQUAL RIGHTS AMENDMENT REVISITED.
- UP IN SMOKE: WHY REGULATING SOGIAL MEDIA LIKE BIG TOBACCO WON'T WORK (YET!).
- Site-specific laws.
- In the beginning there was none: Supreme Court review of state criminal prosecutions.
- The fixation thesis: the role of historical fact in original meaning.
- Participation as a theory of employment.
- Trademarks and digital goods.
- ON THE RIGHTFUL DEPRIVATION OF RIGHTS.
- Seeing the forest: a holistic view of the RICO statute of limitations.
- Bond v. United States and information-forcing defaults: the work that presumptions do.
- WHO HAS THE RIGHT? ANALYSIS OF SECOND AMENDMENT CHALLENGES TO 18 U.S.C. s. 922(g)(4).
- THE ROLE OF "COMMERCIAL MORALITY" IN TRADE SECRET DOCTRINE.
- THE CURRENT PREDATORY NATURE OF LAND CONTRACTS AND HOW TO IMPLEMENT REFORMS.
- Rethinking anti-aggregation doctrine.
- Originalism and stare decisis.
- TOO MUCH OF A GOOD THING: OVERCROWDING AT AMERICA'S NATIONAL PARKS.
- The federal role in school reform: Obama's "race to the top".
- SETTING OUR FEET: THE FOUNDATIONS OF RELIGIOUS AND CONSCIENCE PROTECTIONS.
- THE STRUCTURE OF CRIMINAL FEDERALISM.
- The plight of the secular paradigm.
- Revising our 'common intellectual heritage': federal and state courts in our federal system.
- ENVIRONMENTAL PERMITS: PUBLIC PROPERTY RIGHTS IN PRIVATE LANDS AND THE EXTRACTION AND REDISTRIBUTION OF PRIVATE WEALTH.
- Why should we care about an agency's special insight?
- ABSTAINING EQUITABLY.
- The union as a safeguard against faction: congressional gridlock as state empowerment.
- Transtemporal separation of powers in the law of precedent.
- Power, protocol, and practicality: communications from the district court during an appeal.
- The jurisprudence of union.
- Giving the Federal Circuit a run for its money: challenging patents in the PTAB.
- The fixation thesis: the role of historical fact in original meaning.
- Customary international law as U.S. law: a critique of the revisionist and intermediate positions and a defense of the modern position.
- Dropping the ball: the failure of the NCAA to address concussions in college football.
- (UN)COMMON LAW PROTECTION OF CERTIFICATION MARKS.
- Time-bars: RICO-criminal and civil-federal and state.
- REJECTING THE DE MINIMIS DEFENSE TO INFRINGEMENT OF SOUND RECORDING COPYRIGHTS.
- THE POWER OF INTERPRETATION: MINIMIZING THE CONSTRUCTION ZONE.
- The politics of statutory interpretation.
- A 'second Magna Carta': the English Habeas Corpus Act and the statutory origins of the habeas privilege.
- THE SUPREME COURT BAR AT THE BAR OF PATENTS.
- Defining fair notice: logical outgrowth doctrine applied to the waters of the United States.
- STARE DECISIS AS AUTHORITY AND ASPIRATION.
- SECURITIES LAW IN THE SIXTIES: THE SUPREME COURT, THE SECOND CIRCUIT, AND THE TRIUMPH OF PURPOSE OVER TEXT.
- The parental choice fallacy in education reform debates.
- Virtue jurisprudence and the American Constitution.
- Regulating systemic risk: towards an analytical framework.
- The teaching function of patents.
- PUT MAHANOY WHERE YOUR MOUTH IS: A CLOSER LOOK AT WHEN SCHOOLS CAN REGULATE ONLINE STUDENT SPEECH.
- APPRAISAL ARBITRAGE: IN CASE OF EMERGENCY, BREAK GLASS.
- PAYORS, PLAYERS, AND PROXIMATE CAUSE.
- "Are you serious?": examining the constitutionality of an individual mandate for health insurance.
- The limits of reading law in the Affordable Care Act cases.
- A disproportionate response? The 2015 proportionality amendments to Federal Rule of Civil Procedure 26(b).
- REVOKING WILLS.
- STANDING FOR NOTHING.
- MARKETPLACE OF IDEAS, PRIVACY, AND THE DIGITAL AUDIENCE.
- Nonincorporation: the Bill of Rights after McDonald v. Chicago.
- We the people: juries, not judges, should be the gatekeepers of expert evidence.
- Incentivizing local reform and urban renewal during an economic crisis.
- NFIB v. Sebelius and the transformation of the taxing power.
- Bankruptcy's gray area: are bankruptcy courts 'courts of the United States'?
- EXISTENTIAL COPYRIGHT AND PROFESSIONAL PHOTOGRAPHY.
- ENFORCING A WALL OF SEPARATION BETWEEN BIG BUSINESS AND STATE: PROTECTION FROM MONOPOLIES IN STATE CONSTITUTIONS.
- GOING ROGUE: THE SUPREME COURT'S NEWFOUND HOSTILITY TO POLICY-BASED BIVENS CLAIMS.
- BLANK CHECKS: AN ANALYSIS OF EMERGENCY ACTIONS WARRANTING UNILATERAL EXECUTIVE ACTION.
- Harvesting intellectual property: inspired beginnings and "work-makes-work," two stages in the creative processes of artists and innovators.
- Parting the Chevron sea: an argument for Chevron's greater applicability to cabinet than independent agencies.
- A LACK OF UNIFORMITY, COMPOUNDED, IN IMMIGRATION LAW.
- Picturing takings.
- Reviewability and the 'law of rules': an essay in honor of Justice Scalia.
- Science, law, and truth: defining the scope of the Daubert trilogy.
- IS THE FEDERAL RESERVE CONSTITUTIONAL? AN ORIGINALIST ARGUMENT FOR INDEPENDENT AGENCIES.
- KINGSLEY BREATHES NEW LIFE INTO SUBSTANTIVE DUE PROCESS AS A CHECK ON ABUSE OF GOVERNMENT POWER.
- Return to political theology.
- HOW FAVORED, EXACTLY? AN ANALYSIS OF THE MOST FAVORED NATION THEORY OF RELIGIOUS EXEMPTIONS FROM CALVARY CHAPEL TO LAND ON.
- ON 'CLEAR AND PRESENT DANGER'.
- Time-bars: RICO-criminal and civil-federal and state.
- HOLMES, HUMILITY, AND HOW NOT TO KILL EACH OTHER.
- MISCHIEF MANAGED? THE UNCONSTITUTIONALITY OF SEC ALJS UNDER THE APPOINTMENTS CLAUSE.
- Reflections on comity in the law of American federalism.
- Cloud cover: privacy protections and the Stored Communications Act in the age of cloud computing.
- THE INTRACTABILITY OF QUALIFIED IMMUNITY.
- PUTTING THE EQUITY BACK INTO INTELLECTUAL PROPERTY REMEDIES.
- Territorial overlaps in trademark law: the evolving European model.
- A non-contentious account of Article III's domestic relations exception.
- Online terms of service: a shield for First Amendment scrutiny of government action.
- Data breaches, identity theft, and Article III standing: will the Supreme Court resolve the split in the circuits?
- Nuclear stalemate: indefinite aboveground storage is a temporary, albeit safe band-aid for a serious wound.
- Benign partisanship.
- THE DOUBLE STANDARD FOR THIRD-PARTY STANDING: JUNE MEDICAL AND THE CONTINUATION OF DISPARATE STANDING DOCTRINE.
- Originalist or original: the difficulties of reconciling Citizens United with corporate law history.
- THE GREAT WRIT AND FEDERAL COURTS: JUDGE WOOD'S SOLUTION IN SEARCH OF A PROBLEM.
- VALUATION AS A CHALLENGE FOR TAX ADMINISTRATION.
- The market power model of contract formation: how outmoded economic theory still distorts antitrust doctrine.
- "IT IS TASH WHOM HE SERVES": DENEEN AND VERMEULE ON LIBERALISM.
- VACATUR, NATIONWIDE INJUNCTIONS, AND THE EVOLVING APA.
- BEYOND BANKRUPTCY: RESOLUTION AS A MACROPRUDENTIAL REGULATORY TOOL.
- Partisan balance requirements in the age of new formalism.
- The law and economics of products liability.
- Revising our 'common intellectual heritage': federal and state courts in our federal system.
- Has the Bowsher doctrine solved the debate? The relationship between standing and intervention as of right.
- GAINS, LOSSES, AND JUDGES: FRAMING AND THE JUDICIARY.
- A SOLUTION FOR THE THIRD-PARTY DOCTRINE IN A TIME OF DATA SHARING, CONTACT TRACING, AND MASS SURVEILLANCE.
- Bond and the Vienna rules.
- The cost of time: haphazard discounting and the undervaluation of regulatory benefits.
- Creativity and cultural influence in early Jewish law.
- Is there still a "Catholic question" in America? Reflections on John F. Kennedy's speech to the Houston Ministerial Association.
- Witnessing the witness: the case for exclusion of eyewitness expert testimony.
- Enforcement in kind: reexamining the preemption doctrine.
- Seeking common ground in the abortion regulation debate.
- Territoriality and the First Amendment: free speech at - and beyond - our borders.
- The unitary executive and the plural judiciary: on the potential virtues of decentralized judicial power.
- The curious case of Seminole Rock: revisiting judicial deference to agency interpretations of their ambiguous regulations.
- The decline of legal classicism and the evolution of New Deal constitutionalism.
- CONFLICT MINERALS AND CRIMES AGAINST HUMANITY IN THE DRC: HOW TO HOLD INDIVIDUAL CORPORATE OFFICERS CRIMINALLY LIABLE.
- The tortuous course of religious freedom.
- WHOSE LIBERALISM, WHICH CHRISTIANITY?
- Shadow precedents and the separation of powers: statutory interpretation of congressional overrides.
- "Preserving" Civil RICO: how the model Unfair Trade Practices Act affects RICO's private right of action under the McCarran-Ferguson Act.
- From progressivism to modern liberalism: Louis D. Brandeis as a transitional figure in constitutional law.
- TRANSBORDER SPEECH.
- Our anchor for 225 years and counting: the enduring significance of the precise text of the Constitution.
- Dedication.
- 18 U.S.C. s. 922(G)(1) UNDER ATTACK: THE CASE FOR AS-APPLIED CHALLENGES TO THE FELON-IN-POSSESSION BAN.
- THE FEDERAL RESERVE AS COLLATERAL'S LAST RESORT.
- The constraint of dignity: Lawrence v. Texas and public morality.
- RETHINKING THE EFFICIENCY OF THE COMMON LAW.
- State action and corporate human rights liability.
- Rethinking the intersection of inheritance and the law of tenancy in common.
- The legality of class action waivers in employment contracts.
- The curious history of the Alien Tort Statute.
- Rehabilitating the property theory of copyright's First Amendment exemption.
- CLASS ACTION SQUARED: MULTISTATE ACTIONS AND AGENCY DILEMMAS.
- Judicial candor and extralegal reasoning: why extralegal reasons require legal justifications (and no more).
- HONEST COPYING PRACTICES.
- Taking it on the Chenery: should the principles of Chenery I apply in social security disability cases?
- WHY DO STARTUPS USE TRADE SECRETS?