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Articles 1 - 28 of 28
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Harmful Precautions, Ronen Perry
Harmful Precautions, Ronen Perry
Notre Dame Law Review
According to the conventional definition of reasonableness, commonly known as the Hand formula, a person acts unreasonably (hence negligently) toward another if they fail to take precautions whose cost for the actor is lower than the expected loss for the other that these precautions can prevent.1 While law-and-economics theorists have advocated and courts have often embraced adjustments to both sides of this algebraic formulation,2 the idea that the expected loss must be compared with the cost of precautions for the potential injurer has remained mostly uncontested.3 This Article unveils an overlooked yet fundamental flaw in the orthodox understanding and application …
Keynote Address: Two Challenges For The Judge As Umpire: Statutory Ambiguity And Constitutional Exceptions, Brett M. Kavanaugh
Keynote Address: Two Challenges For The Judge As Umpire: Statutory Ambiguity And Constitutional Exceptions, Brett M. Kavanaugh
Notre Dame Law Review
Justice Scalia believed in the rule of law as a law of rules. He wanted judges to be umpires, which ordinarily entails judges applying a settled legal principle to a particular set of facts. I agree with that vision of the judiciary. But there are two major impediments in current jurisprudence to achieving that vision of the judge as umpire. The first is the ambiguity trigger in statutory interpretation. The second is the amorphous tests employed in cases involving claimed constitutional exceptions. We should identify and study these issues. Inspired by Justice Scalia’s longstanding efforts to improve the law, we …
Reconciling Intellectual And Personal Property, Aaron Perzanowski, Jason Schultz
Reconciling Intellectual And Personal Property, Aaron Perzanowski, Jason Schultz
Notre Dame Law Review
This Article builds on our earlier work on exhaustion. We have previously emphasized the common law origins of copyright exhaustion, arguing for a judicial interpretation that is more expansive than the narrow statutory first sale rule. Subsequently, we have advocated increased reliance on exhaustion to resolve a range of disputes over personal use by consumers that are typically analyzed through the lenses of fair use and implied license. And, most recently, we have outlined two competing legislative frameworks for a contemporary exhaustion regime as a part of the broader copyright reform effort. This Article examines both the forces undermining copy …
Religion And Conflict Resolution, Douglas M. Johnston
Religion And Conflict Resolution, Douglas M. Johnston
Notre Dame Law Review
No abstract provided.
Post-Lecture Discussion, Hurst Hannum
Private And The Public Domains, Rousas J. Rushdoony
Private And The Public Domains, Rousas J. Rushdoony
Notre Dame Law Review
No abstract provided.
Person Or A Lawyer, Benjamin Allison
The Jurisprudence Of Colliding First Amendment Interests: From The Dead End Of Neutrality To The Open Road Of Participation-Enhancing Review, Gregory P. Magarian
The Jurisprudence Of Colliding First Amendment Interests: From The Dead End Of Neutrality To The Open Road Of Participation-Enhancing Review, Gregory P. Magarian
Notre Dame Law Review
First Amendment interests in both speech and religion often collide with one another. A political activist claims a free speech interest in the right to purchase advertising time on a television network, while the network claims a free speech interest in its decision not to sell the time. A religious enclave claims a free exercise interest in having a dedicated public school district, while its neighbors claim a nonestablishment interest in the government's not extending the group special treatment. In this Article Professor Magarian examines the phenomenon of colliding First Amendment interests, explains and critiques the Supreme Court's failure to …
May A Catholic University Have A Catholic Faculty, Michael J. Mazza
May A Catholic University Have A Catholic Faculty, Michael J. Mazza
Notre Dame Law Review
No abstract provided.
History And The Eleventh Amendment, John V. Orth
History And The Eleventh Amendment, John V. Orth
Notre Dame Law Review
No abstract provided.
In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, J. Eric Smithburn
In Memoriam: Lord Lowry Of Crossgar (1919-1999): A Tribute, J. Eric Smithburn
Notre Dame Law Review
No abstract provided.
Love, Human Dignity, And Justice: Some Legacies From Protestant And Catholic Ethics, Harlan R. Beckley
Love, Human Dignity, And Justice: Some Legacies From Protestant And Catholic Ethics, Harlan R. Beckley
Notre Dame Law Review
No abstract provided.
Intensional Contexts And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers
Intensional Contexts And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers
Notre Dame Law Review
No abstract provided.
Book Review, Jonathan L. Entin
Report Of The Dean 1972-1973, Thomas L. Shaffer
Report Of The Dean 1972-1973, Thomas L. Shaffer
Notre Dame Law Review
No abstract provided.
Notre Dame Law School Civil Rights Lectures - Introduction, Earl Warren
Notre Dame Law School Civil Rights Lectures - Introduction, Earl Warren
Notre Dame Law Review
No abstract provided.
Report Of The Dean 1971-1972, Thomas L. Shaffer
Report Of The Dean 1971-1972, Thomas L. Shaffer
Notre Dame Law Review
No abstract provided.
Recovery For Prenatal Injuries: Michigan Exorcises Its Ghosts Of The Past, Joseph P. Paonessa
Recovery For Prenatal Injuries: Michigan Exorcises Its Ghosts Of The Past, Joseph P. Paonessa
Notre Dame Law Review
No abstract provided.
Recent Decisions, Joseph P. Della Maria, Richard E. Steinbronn, John A. Hauter
Recent Decisions, Joseph P. Della Maria, Richard E. Steinbronn, John A. Hauter
Notre Dame Law Review
No abstract provided.
Book Reviews, Roger Paul Peters, David Bidney, Lester M. Ponder, Edward J. Murphy
Book Reviews, Roger Paul Peters, David Bidney, Lester M. Ponder, Edward J. Murphy
Notre Dame Law Review
Book reviews by Roger Paul Peters, David Bidney, Lester M. Ponder, Edward J. Murphy, Thomas M. Clusserath, and Thomas L. Shaffer.
Mr. Justice Brennan And His Legal Philosophy, Francis P. Mcquade, Alexander T. Kardos
Mr. Justice Brennan And His Legal Philosophy, Francis P. Mcquade, Alexander T. Kardos
Notre Dame Law Review
No abstract provided.
Book Reviews, Charles S. Desmond, Paul C. Bartholomew, Roger Paul Peters
Book Reviews, Charles S. Desmond, Paul C. Bartholomew, Roger Paul Peters
Notre Dame Law Review
No abstract provided.
Natural Law And The Right To Property, Joseph C. Hutcheson
Natural Law And The Right To Property, Joseph C. Hutcheson
Notre Dame Law Review
No abstract provided.
Book Reviews, Edward F. Barrett, Roger J. Kiley, Charles Sheedy, Marshall Smelser
Book Reviews, Edward F. Barrett, Roger J. Kiley, Charles Sheedy, Marshall Smelser
Notre Dame Law Review
No abstract provided.
Sources And Forms Of Law, Roscoe Pound
Contributors To The May Issue/Notes/Editorial Board, Leon L. Lancaster, James H. Graham, Fenton Mee
Contributors To The May Issue/Notes/Editorial Board, Leon L. Lancaster, James H. Graham, Fenton Mee
Notre Dame Law Review
No abstract provided.
Trusts For Masses, John W. Curran
Destiny By Statute, Sidney Whipple