Notre Dame Law Review

Articles from Vol. 85, No. 2, February

Double Take: Evaluating Double Jeopardy Reform
PROLOGUE In February 1990, Ann Ming found her daughter Julie Hogg's body hidden behind a bath panel in her Teesside, England home. (1) She had been missing since the previous November. (2) The British government charged and indicted William Dunlop...
More Connection, Less Protection? Off-Campus Speech with On-Campus Impact
INTRODUCTION The same scenarios come up time and time again in student free speech cases. A student spreads rumors about fellow students on his own website. School authorities find out about the website and intervene. (1) A group of students publishes...
Roe's Life-or-Health Exception: Self-Defense or Relative-Safety?
INTRODUCTION I. ROE'S AMBIGUOUS POSTVIABILITY HEALTH EXCEPTION A. The Prima Facie Case for the Self-Defense Interpretation B. The (Complicated) Prima Facie Case for the Relative-Safety Interpretation 1. Cyril Means's Advocacy...
Seven Pillars of a New Evidentiary Paradigm: The Food, Drug, and Cosmetic Act Enters the Genomic Era
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...
Steroids and Legal Ethics Codes: Are Lawyers Rational Actors?
A TRIBUTE TO FRED ZACHARIAS ([dagger]) During the editing of this Article, on the afternoon of November 11, 2009, Professor Fred Zacharias died at the age of 56. Professor Zacharias devoted his entire adult life to professional responsibility...
The Teaching Function of Patents
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...
The Unwelcome Cohort: When the Sentencing Judge Invades Your Bedroom
INTRODUCTION Every convict knows that if you do the crime, you must do the time. But what exactly can the government force you to do to "do the time"? It is clear that people who are incarcerated, on parole, and on probation are subject to restrictions...
The Use of Sentencing Findings as a Collateral Estoppel Weapon in Subsequent Civil Litigation
INTRODUCTION Should plaintiffs or defendants be permitted to use judicial findings made in the limited setting of a federal criminal sentencing hearing as a weapon in subsequent civil litigation? In the contemporary U.S. justice system, a majority...