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Articles 1 - 18 of 18
Full-Text Articles in Entire DC Network
Defending The Other First Amendment Freedom: State Campaign Disclosure Laws And The Free Exercise Of Religion, Meghan E. Sweeney
Defending The Other First Amendment Freedom: State Campaign Disclosure Laws And The Free Exercise Of Religion, Meghan E. Sweeney
Notre Dame Law Review
No abstract provided.
Jefferson Meets Coase: Land-Use Torts, Law And Economics, And Natural Property Rights, Eric R. Claeys
Jefferson Meets Coase: Land-Use Torts, Law And Economics, And Natural Property Rights, Eric R. Claeys
Notre Dame Law Review
This Article questions how well standard economic analysis justifies the land-use torts that Ronald Coase popularized in The Problem of Social Cost. The Article compares standard economic analyses of these torts against an interpretation that follows from the natural-rights morality that informed the content of these torts in their formative years. The “feffersonian” natural-rights morality predicts the contours of tort doctrine more determinately and accurately than “Coasian” economic analysis. The comparison teaches at least three important lessons. First, a significant swath of doctrine, Jeffersonian natural-rights morality explains and justifies important tort doctrine quite determinately. Second, this natural-rights morality complements corrective …
The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell
The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell
Notre Dame Law Review
When performing cost-benefit analyses, regulators typically use willingness-to-pay studies to determine how much to spend to avert risks. Because money has a time-value, when a risk is valued is inextricable from how much it is valued. Unfortunately, the studies on which regulators rely are insensitive to this fact: they elicit people's willingness to pay for risk reductions without identifying the time at which the risk reduction will occur. Relying on these time-indeterminate studies has led to a systematic skew in regulatory cost-benefit analysis, toward the undervaluation of risks to human lives. Insofar as cost-benefit analyses inform regulation, this suggests that …
Umpires, Empathy, And Activism: Lessons From Judge Cardozo, Kim Mclane Wardlaw
Umpires, Empathy, And Activism: Lessons From Judge Cardozo, Kim Mclane Wardlaw
Notre Dame Law Review
No abstract provided.
Subjective Art, Objective Law, J. Harvie Wilkinson
Subjective Art, Objective Law, J. Harvie Wilkinson
Notre Dame Law Review
No abstract provided.
Race To Judgment? An Empirical Study Of Scott V. Harris And Summary Judgment, Amelia G. Yowell
Race To Judgment? An Empirical Study Of Scott V. Harris And Summary Judgment, Amelia G. Yowell
Notre Dame Law Review
No abstract provided.
Confronting Religion: Veiled Muslim Witnesses And The Confrontation Clause, Brian M. Murray
Confronting Religion: Veiled Muslim Witnesses And The Confrontation Clause, Brian M. Murray
Notre Dame Law Review
No abstract provided.
Deciphering The Chemical Soup: Using Public Nuisance To Compel Chemical Testing, Albert C. Lin
Deciphering The Chemical Soup: Using Public Nuisance To Compel Chemical Testing, Albert C. Lin
Notre Dame Law Review
The problem of toxic ignorance plagues modern society. On a daily basis, each of us is exposed to hundreds of chemicals, the vast majority of which have been subject to little or no testing to determine whether they are toxic to humans or the environment. Many of these chemicals may turn out to be harmless. Some, however, may cause cancer, reproductive defects, and other harms. In toto, chemicals are believed to be responsible for tens of thousands of deaths per year. The systematic failure of manufacturers and distributors to test chemical substances is a rational response to marketplace incentives, tort …
Null Preemption, Jonathan Remy Nash
Null Preemption, Jonathan Remy Nash
Notre Dame Law Review
How free should the federal government be, not only to preempt state regulatory law, but also to choose itself to adopt no law on point? Such instances of “null preemption” have been historically rare, but now are occurring with greater frequency. Consider that the Environmental Protection Agency (EPA) refused to allow states to impose standards governing motor vehicle tailpipe greenhouse-gas emissions, and also argued that it could not, or alternatively would not, issue any federal regulations. Further, though the Supreme Court rejected the EPA's arguments, two years have since passed with no EPA action. The regulatory voids resulting from such …
Seeing The Forest: A Holistic View Of The Rico Statute Of Limitations, Carli Mcneill
Seeing The Forest: A Holistic View Of The Rico Statute Of Limitations, Carli Mcneill
Notre Dame Law Review
No abstract provided.
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Notre Dame Law Review
This Article explores the implications of a dramatic shift in the American educational landscape—the rapid disappearance of Catholic schools from urban neighborhoods. Primarily because of their strong track record of educating disadvantaged children, these school closures are a source of significant concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this Article does not address well-rehearsed debates about educational outcomes. Rather than focusing on the work done inside the schools, we focus on what goes on outside them. Specifically, using three decades of data from the Project on …
A Proposed Standard For Amended Section 5 Of The Voting Rights Act Of 1965 As Applied To Redistricting, Zachary J. Sullivan
A Proposed Standard For Amended Section 5 Of The Voting Rights Act Of 1965 As Applied To Redistricting, Zachary J. Sullivan
Notre Dame Law Review
No abstract provided.
Roe's Life-Or-Health Exception: Self-Defense Or Relative-Safety, Stephen G. Gilles
Roe's Life-Or-Health Exception: Self-Defense Or Relative-Safety, Stephen G. Gilles
Notre Dame Law Review
No abstract provided.
The Teaching Function Of Parents, Sean B. Seymore
The Teaching Function Of Parents, Sean B. Seymore
Notre Dame Law Review
In theory, a patent serves the public good because the disclosure of the invention brings new ideas and technologies to the public and induces inventive activity. But while these roles inherently depend on the ability of the patent to disseminate technical knowledge, the teaching function of patents has received very little attention. Indeed, when the document publishes, it can serve as a form of technical literature. Because patents can, at times, communicate knowledge as well as, or better than, other information sources, patents could become a competitive source of technical information. Presently, however, patents are rarely viewed in this manner. …
Steroids And Legal Ethics Codes: Are Lawyers Rational Actors, Fred C. Zacharias
Steroids And Legal Ethics Codes: Are Lawyers Rational Actors, Fred C. Zacharias
Notre Dame Law Review
No abstract provided.
The Use Of Sentencing Findings As A Collateral Estoppel Weapon In Subsequent Civil Litigation, Jonathan Scott Baker
The Use Of Sentencing Findings As A Collateral Estoppel Weapon In Subsequent Civil Litigation, Jonathan Scott Baker
Notre Dame Law Review
No abstract provided.
Seven Pillars Of A New Evidentiary Paradigm: The Food, Drug, And Cosmetic Act Enters The Genomic Era, Barbara J. Evans
Seven Pillars Of A New Evidentiary Paradigm: The Food, Drug, And Cosmetic Act Enters The Genomic Era, Barbara J. Evans
Notre Dame Law Review
To assess the impact of the March 2009 decision in Wyeth v. Levine, it is crucial to understand that the Supreme Court ruled on actions that the U.S. Food and Drug Administration (FDA) took under a statutory scheme that already had been amended by the time the case was decided. The Food and Drug Administration Amendments Act of 2007 (FDAAA) transformed drug regulation, adding significant new powers to develop evidence and make new types of decisions in the postmarket period. This article explores how the contours of drug regulation are likely to change after FDAAA, which is the most profound …
The Unwelcome Cohort: When The Sentencing Judge Invades Your Bedroom, Elizabeth M. Bux
The Unwelcome Cohort: When The Sentencing Judge Invades Your Bedroom, Elizabeth M. Bux
Notre Dame Law Review
No abstract provided.