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Full-Text Articles in Law
Rethinking Legislative Facts, Haley N. Proctor
Rethinking Legislative Facts, Haley N. Proctor
Notre Dame Law Review
As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law “legislative facts.” Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role …
An Originalist Approach To Prospective Overruling, John O. Mcginnis, Michael Rappaport
An Originalist Approach To Prospective Overruling, John O. Mcginnis, Michael Rappaport
Notre Dame Law Review
Originalism has become a dominant jurisprudential theory on the Supreme Court. But a large number of precedents are inconsistent with the Constitution’s original meaning and overturning them risks creating enormous disruption to the legal order. This article defends a prospective overruling approach that would harmonize precedent with originalism’s rise and reduce the disruption from overrulings. Under prospective overruling, the Court declares that an existing statute violates the original meaning but will continue to be enforced because declaring it unconstitutional would produce enormous costs; however, future statutes of this type will be voided as unconstitutional. Under our approach, the Court would …
The Moral Authority Of Original Meaning, J. Joel Alicea
The Moral Authority Of Original Meaning, J. Joel Alicea
Notre Dame Law Review
One of the most enduring criticisms of originalism is that it lacks a sufficiently compelling moral justification. Scholars operating within the natural law tradition have been among the foremost critics of originalism’s morality, yet originalists have yet to offer a sufficient defense of originalism from within the natural law tradition that demonstrates that these critics are mistaken. That task has become more urgent in recent years due to Adrian Vermeule’s critique of originalism from within the natural law tradition, which has received greater attention than previous critiques. This Article is the first full-length response to the natural law critique of …
Reflections On The Philosophy Of Law, Parts I & Ii, Igor N. Grazin
Reflections On The Philosophy Of Law, Parts I & Ii, Igor N. Grazin
Notre Dame Law Review
No abstract provided.
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Notre Dame Law Review
No abstract provided.
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Notre Dame Law Review
No abstract provided.
One Hundred Years Of Legal Philosophy, Robert P. George
One Hundred Years Of Legal Philosophy, Robert P. George
Notre Dame Law Review
No abstract provided.
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Notre Dame Law Review
No abstract provided.
Reasonableness And Objectivity, Neil Maccormick
Reasonableness And Objectivity, Neil Maccormick
Notre Dame Law Review
No abstract provided.
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
How Coasean Bargaining Entails A Prisoners' Dilemma, Wayne Eastman
Notre Dame Law Review
No abstract provided.
Rules And Reversibility, Clayton P. Gillette
Rules And Reversibility, Clayton P. Gillette
Notre Dame Law Review
No abstract provided.
What Logic Can And Cannot Tell Us About Law, Kevin W. Saunders
What Logic Can And Cannot Tell Us About Law, Kevin W. Saunders
Notre Dame Law Review
No abstract provided.
Reflections On Dworkin And The Two Faces Of Law, Richard H. Fallon Jr.
Reflections On Dworkin And The Two Faces Of Law, Richard H. Fallon Jr.
Notre Dame Law Review
No abstract provided.
Rights That Are Wrong, Hon. Daniel A. Manion
Rights That Are Wrong, Hon. Daniel A. Manion
Notre Dame Law Review
No abstract provided.
Autonomy, Sovereignty, And Privacy: Moral Ideals In The Constitution, Joel Feinberg
Autonomy, Sovereignty, And Privacy: Moral Ideals In The Constitution, Joel Feinberg
Notre Dame Law Review
No abstract provided.