Notre Dame Law Review
- Rehabilitating the property theory of copyright's First Amendment exemption.
- Deciphering the chemical soup: using public nuisance to compel chemical testing.
- COPYRIGHT AND THE CREATIVE PROCESS.
- Police body-worn camera policy: balancing the tension between privacy and public access in state laws.
- Standing doctrine's state action problem.
- 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.
- Crowdfunding securities.
- Circuit Court interpretations of Garcetti v. Ceballos and the development of public employee speech.
- NARROWING THE TRAPDOOR OF THE GOVERNMENT EMPLOYEE RIGHTS ACT.
- Are charters enough choice? School choice and the future of Catholic schools.
- Virtue, freedom, and the First Amendment.
- Rehabilitating the property theory of copyright's First Amendment exemption.
- REMARKS AT NOTRE DAME LAW SCHOOL.
- APPRAISAL ARBITRAGE: IN CASE OF EMERGENCY, BREAK GLASS.
- Reconciling intellectual and personal property.
- Justice Scalia, implied rights of action, and historical practice.
- Foresight bias in patent law.
- Honoring Dan Meltzer - congressional standing and the institutional framework of Article III: a comparative perspective.
- Null preemption.
- 'Major questions' as major opportunities.
- Conscience and Its Enemies: Confronting the Dogmas of Liberal Secularism.
- Atypical inventions.
- Our class action federalism: Erie and the Rules Enabling Act after Shady Grove.
- Creating legal rights for suspected terrorists: is the court being courageous or politically pragmatic?
- More connection, less protection? Off-campus speech with on-campus impact.
- Copyright and distributive justice.
- THE CANON OF RATIONAL BASIS REVIEW.
- In memoriam: Professor Charles E. Rice.
- THE COMPENSATION CONSTRAINT AND THE SCOPE OF THE TAKINGS CLAUSE.
- The emperor's new clothes: exposing the failures of regulating land use through the ballot box.
- We the people: juries, not judges, should be the gatekeepers of expert evidence.
- Evading legislative jurisdiction.
- RELIGIOUS LIBERTY, DISCRIMINATION, AND SAME-SEX MARRIAGE: ESCAPING THE OBERGEFELL CATCH-22.
- HONEST COPYING PRACTICES.
- Taking it on the Chenery: should the principles of Chenery I apply in social security disability cases?
- Religious exemptions, third-party harms, and the establishment clause.
- FINANCIAL ASSURANCE FOR HARDROCK MINING: EPA AND CERCLA.
- Many key issues still left unaddressed in the Securities and Exchange Commission's attempt to modernize its rules of practice.
- THE EQUAL RIGHTS AMENDMENT REVISITED.
- STATE REJECTION OF FEDERAL LAW.
- Customary international law as U.S. law: a critique of the revisionist and intermediate positions and a defense of the modern position.
- Risk regulation and innovation: the case of rights-encumbered biomedical data silos.
- Bond v. United States and information-forcing defaults: the work that presumptions do.
- Originalist or original: the difficulties of reconciling Citizens United with corporate law history.
- Doctor's orders: a new prescription for ADHD medication abuse.
- Seeing the forest: a holistic view of the RICO statute of limitations.
- THE ROLE OF "COMMERCIAL MORALITY" IN TRADE SECRET DOCTRINE.
- Institutional practice, procedural uniformity, and as-applied challenges under the Rules Enabling Act.
- WHO HAS THE RIGHT? ANALYSIS OF SECOND AMENDMENT CHALLENGES TO 18 U.S.C. s. 922(g)(4).
- Hierarchically variable deference to agency interpretations.
- Re-evaluating holder actions: giving defrauded securities holders a fighting chance.
- Executive trade secrets.
- The more? Uniform Code of Military Justice (and a practical way to make it better).
- The legality of class action waivers in employment contracts.
- The cost of time: haphazard discounting and the undervaluation of regulatory benefits.
- 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.
- The use of sentencing findings as a collateral estoppel weapon in subsequent civil litigation.
- BOUNDED RATIONALITY AND THE THEORY OF PROPERTY.
- Market power without market definition.
- THE CURRENT PREDATORY NATURE OF LAND CONTRACTS AND HOW TO IMPLEMENT REFORMS.
- Rethinking anti-aggregation doctrine.
- Preemption as inverse negligence per se.
- The federal role in school reform: Obama's "race to the top".
- Why should we care about an agency's special insight?
- ABSTAINING EQUITABLY.
- Power, protocol, and practicality: communications from the district court during an appeal.
- EQUITABLE REMEDIES: PROTECTING "WHAT WE HAVE COMING TO US".
- Labor in faith: a comparative analysis of Hosanna-Tabor v. EEOC through the European Court of Human Rights' religious employer jurisprudence.
- THE LIMITATIONS OF PRIVACY RIGHTS.
- SUBSTANTIVE REMEDIES.
- THE IMPACT OF SCHREMS II: NEXT STEPS FOR U.S. DATA PRIVACY LAW.
- CLOWN EGGS.
- Privatizing workplace privacy.
- THE AMBIGUOUS AMBIGUITY INQUIRY: SEEKING TO CLARIFY JUDICIAL DETERMINATIONS OF CLARITY VERSUS AMBIGUITY IN STATUTORY INTERPRETATION.
- Shedding light on Shady Grove: further reflections on the Erie doctrine from a conflicts perspective.
- The Bill of Rights as a term of art.
- IMPROVING HUMAN RIGHTS COMPLIANCE IN SUPPLY CHAINS.
- DEMOCRACY'S FORGOTTEN POSSESSIONS: U.S. TERRITORIES' RIGHT TO STATEHOOD THROUGH CONSTITUTIONAL LIQUIDATION.
- THE DOUBLE STANDARD FOR THIRD-PARTY STANDING: JUNE MEDICAL AND THE CONTINUATION OF DISPARATE STANDING DOCTRINE.
- GROUPS AND RIGHTS IN INSTITUTIONAL REFORM LITIGATION.
- Standing doctrine's state action problem.
- The court-packing plan as symptom, casualty, and cause of gridlock.
- THE FEDERAL RESERVE AS COLLATERAL'S LAST RESORT.
- Bringing the market to students: school choice and vocational education in the twenty-first century.
- Collateral consequences and the preventive state.
- A pirate looks at the twenty-first century: the legal status of Somali pirates in an age of sovereign seas and human rights.
- Commerce in religion.
- Incentivizing local reform and urban renewal during an economic crisis.
- NFIB v. Sebelius and the transformation of the taxing power.
- KINGSLEY BREATHES NEW LIFE INTO SUBSTANTIVE DUE PROCESS AS A CHECK ON ABUSE OF GOVERNMENT POWER.
- Return to political theology.
- Dropping the ball: the failure of the NCAA to address concussions in college football.
- The market power model of contract formation: how outmoded economic theory still distorts antitrust doctrine.
- The Genetic Information Nondiscrimination Act as an antidiscrimination law.
- CONTINGENCY AND CONTESTATION IN CHRISTIANITY AND LIBERALISM.
- THE CASE AGAINST QUALIFIED IMMUNITY.
- Why third-party standing in abortion suits deserves a closer look.
- The (non)problem of a limited due process right to judicial disqualification.
- The curious history of the Alien Tort Statute.
- Territorial overlaps in trademark law: the evolving European model.
- DELEGATION, ADMINISTRATION, AND IMPROVISATION.
- ARE COLLATERAL CONSEQUENCES DESERVED?
- BROADENING CONSUMER LAW: COMPETITION, PROTECTION, AND DISTRIBUTION.
- Market structure and innovation: the case of modern art.
- Environmental enforcement in dire straits: there is no protection for nothing and no data for free.
- Justice Scalia and Sherman Act textualism.
- Revising our 'common intellectual heritage': federal and state courts in our federal system.
- THE DISCRIMINATION PRESUMPTION.
- The promises and perils of evidence-based corrections.
- DISCIPLINING DEFERENCE: STRENGTHENING THE ROLE OF THE FEDERAL COURTS IN THE NATIONAL SECURITY REALM.
- THE LAWFULNESS OF THE FIFTEENTH AMENDMENT.
- Shadow precedents and the separation of powers: statutory interpretation of congressional overrides.
- Justice Scalia and class actions: a loving critique.
- BIVENS AND THE ANCIEN REGIME.
- THE CASE AGAINST QUALIFIED IMMUNITY.
- ACTIVE JUDGING AND ACCESS TO JUSTICE.
- (In)valid patents.
- Originalism and stare decisis.
- A new understanding of gang injunctions.
- Prison is prison.
- RECOVERING THE TORT REMEDY FOR FEDERAL OFFICIAL WRONGDOING.
- ALGORITHMIC LEGAL METRICS.
- Bond and the Vienna rules.
- Bracing the armor: extending rape shield protections to civil proceedings.
- Copyright publication: an empirical study.
- Mirrored externalities.
- Roe's life-or-health exception: self-defense or relative-safety?
- THE PAROCHIAL USES OF UNIVERSAL JURISDICTION.
- Prosecutorial accountability 2.0.
- GETTING INTO EQUITY.
- Chipping away at the Illinois Brick wall: expanding exceptions to the indirect purchaser rule.
- A SIMPLE MODEL OF TORTS AND MORAL WRONGS.
- THE CONSTITUTIONAL LAW OF INTERPRETATION.
- Against martyrdom: a liberal argument for accommodation of religion.
- Adolescent brain science after Graham v. Florida.
- An incomplete discussion of 'arising under' jurisdiction.
- Boyle as constitutional preemption.
- 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.
- The jurisprudence of union.
- REVOKING WILLS.
- STANDING FOR NOTHING.
- HOW FAVORED, EXACTLY? AN ANALYSIS OF THE MOST FAVORED NATION THEORY OF RELIGIOUS EXEMPTIONS FROM CALVARY CHAPEL TO LAND ON.
- The jurisprudence of union.
- 'If an (endangered) tree falls in the forest, and no one is around ....': resolving the divergence between standing requirements and congressional intent in environmental legislation.
- "Come now let us reason together": restoring religious freedom in America and abroad.
- THE INTRACTABILITY OF QUALIFIED IMMUNITY.
- Dedication.
- THE REMAND POWER AND THE SUPREME COURT'S ROLE.
- The Supreme Court's quiet revolution in induced patent infringement.
- Biblical literalism and constitutional originalism.
- 'This Constitution': constitutional indexicals as a basis for textualist semi-originalism.
- Abolishing the time tax on voting.
- Due process disaggregation.
- SYMBOLISM AND SEPARATION OF POWERS IN AGENCY DESIGN.
- Witnessing the witness: the case for exclusion of eyewitness expert testimony.
- PRECEDENT IN A POLARIZED ERA.
- Aggregation as disempowerment: red flags in class action settlements.
- Rethinking prisoner litigation: shifting from qualified immunity to a good faith defense in (section) 1983 prisoner lawsuits.
- RETHINKING PATENTS WITHIN THE NATURAL LAW.
- Subjective art; objective law.
- REGULATING COMPLACENCY: HUMAN LIMITATIONS AND LEGAL EFFICACY.
- CALLING BALLS AND STRIKES? CHIEF JUSTICE ROBERTS IN OCTOBER TERM 2019.
- THE ROLE OF EMOTION IN CONSTITUTIONAL THEORY.
- The 'new protectionism' and the American common market.
- THE ATTORNEY GENERAL AND EARLY APPOINTMENTS CLAUSE PRACTICE.
- Judge Posner, Judge Wilkinson, and judicial critique of constitutional theory.
- ORIGINALISM.
- EMPOWERING THE POOR: TURNING DE FACTO RIGHTS INTO COLLATERALIZED CREDIT.
- Optimizing English and American security interests.
- Gridlock and Senate rules.
- The false promise of fiduciary government.
- Reconciling Congress to tax reform.
- THE DEPRAVITY OF THE 1930S AND THE MODERN ADMINISTRATIVE STATE.
- From progressivism to modern liberalism: Louis D. Brandeis as a transitional figure in constitutional law.
- Catholic schools, urban neighborhoods, and education reform.
- The constraint of dignity: Lawrence v. Texas and public morality.
- A QUALIFIED DEFENSE OF QUALIFIED IMMUNITY.
- CHEVRON ABROAD.
- RELIGIOUS LIBERTY AND JUDICIAL DEFERENCE.
- Removing from state administrative agencies.
- ANTITRUST ANTITEXTUALISM.
- Plausibility pleading revisited and revised: a comment on Ashcroft v. Iqbal.
- A CASE FOR ZONING.
- Proportionality in counterinsurgency: a relational theory.
- THE STATE OF THE DEATH PENALTY.
- Law in the time of cholera.
- THE ALGORITHM GAME.
- Fostering free exercise.
- The role of creativity in trademark law.
- Death of paradox: the killer logic beneath the standards of proof.
- Turning Miranda right side up: post-waiver invocations and the need to update the Miranda warnings.
- Bankruptcy's gray area: are bankruptcy courts 'courts of the United States'?
- EXISTENTIAL COPYRIGHT AND PROFESSIONAL PHOTOGRAPHY.
- ON THE RIGHTFUL DEPRIVATION OF RIGHTS.
- The misbegotten judicial resistance to the Daubert revolution.