Notre Dame Law Review

Articles from Vol. 85, No. 4, June

Confronting Religion: Veiled Muslim Witnesses and the Confrontation Clause
INTRODUCTION On October 11, 2006, Ginnnah Muhammad appeared in Michigan small claims court before District Judge Paul J. Paruk in her suit against Enterprise Rent-A-Car. (1) Muhammad is a practicing Muslim who wears the niqab (hereinafter "veil"),...
If All Politicians Are Corrupt, but All Defendants Are Presumed Innocent, Then What? A Case for Change in Honest Services Fraud Prosecutions
Who steals my purse steals trash; 't is something, nothing; 'T was mine, 't is his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed. (1) PROLOGUE...
Jefferson Meets Coase: Land-Use Torts, Law and Economics, and Natural Property Rights
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...
Race to Judgment? an Empirical Study of Scott V. Harris and Summary Judgment
INTRODUCTION In three of the most cited cases in its history, the U.S. Supreme Court strongly encouraged the use of summary judgment as an efficient way to rid the federal dockets of frivolous claims before expensive trials. (1) After this trilogy...
Regulating the Invisible: The Case of Over-the-Counter Derivatives
In this Article, I focus on the regulation of the over-the-counter (OTC) derivative markets. I argue that current reform proposals and draft legislation fall short of constructing the linked domestic and international frameworks needed to successfully...
Rethinking the Presumption of Constitutionality
One of the judiciary 's self-imposed limits on the power o f judicial review is the presumption of constitutionality. Under that presumption, courts supply any conceivable facts necessary to satisfy judicially created constitutional tests. The Supreme...
Subjective Art; Objective Law
INTRODUCTION I. SUBJECTIVE ART A. Subjectivity in Painting and Artwork B. Subjectivity in Music C. Subjectivity in Literature and the Sciences II. LAW AND THE ARTISTIC TEMPTATION III. OBJECTIVE LAW A. Process:...
Territoriality and the First Amendment: Free Speech at - and beyond - Our Borders
INTRODUCTION I. THE TERRITORY FIRST AMENDMENT A. Territorial Exclusion--Ingress B. Travel Restrictions--Egress C. Commerce: Import and Export Controls 1. Trading with the Enemy 2. The Tariff Act and "Immoral"...
The Cost of Time: Haphazard Discounting and the Undervaluation of Regulatory Benefits
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,...
Umpires, Empathy, and Activism: Lessons from Judge Cardozo
We may try to see things as objectively as we please. None the less, we can never see them with any eyes except our own. (1) INTRODUCTION Our national dialogue about the role of federal judges in our democratic society has devolved into a political...