Notre Dame Law Review

Articles from Vol. 88, No. 5, June

Don't Be So Impatient
INTRODUCTION Sir Humphrey Appleby: If you want to be really sure that the Minister doesn't accept [a proposal], you must say the decision is "courageous." Bernard Woolley: And that's worse than "controversial"? Sir Humphrey Appleby: Oh, yes!...
Form over Use: Form-Based Codes and the Challenge of Existing Development
INTRODUCTION My grandmother spent most of her adult life in Brownsburg, Indiana, a suburb of Indianapolis. When she first moved there in the 1950s, it was a traditional American small town. There was one stoplight at the corner of Main and Green...
Gridlock and Senate Rules
INTRODUCTION Our assignment in this symposium is to explore the role that legal issues play in what is popularly known as "gridlock" in Washington. I am tempted to declare the symposium over by arguing that there are no such relevant legal issues--that...
Gridlock, Legislative Supremacy, and the Problem of Arbitrary Inaction
INTRODUCTION Gridlock has Congress in a headlock. Gripped by stalemate, America's chief lawmaking body can barely muster the ability to make law. Some argue that this is as it should be--or, at least, as the Framers planned. (1) In actuality, rather...
Legislative Gridlock and Nonpartisan Staff
INTRODUCTION In a recent book, former Congressman Mickey Edwards blames much of the gridlock in Congress on the political parties because of their influence over both the electoral process and legislative governance. To address the latter issue,...
Mandatory National Service: Creating Generations of Civic Minded Citizens
I. INTRODUCTION While on the campaign trail in the fall of 1960, Senator John F. Kennedy addressed students at the University of Michigan, proposing a novel idea: How many of you who are going to be doctors, are willing to spend your days...
New Governance and Industry Culture
New governance scholarship argues that a blend of public and private regulation is playing an increasing role in influencing firm behavior. Despite its burgeoning growth, new governance scholarship is critiqued as lacking practical examples. This Article...
Prison Is Prison
III. TURNER V. ROGERS The issue of whether indigent individuals facing incarceration should have a right to counsel in civil cases was recently presented to the Supreme Court in Turner v. Rogers. (196) The case asked whether an indigent father who...
Putting Paradise in the Parking Lot: Using Zoning to Promote Urban Agriculture
INTRODUCTION In March of 1997, Mary Seton Coroby and her then-business partner Tom Sereduk stood on the abandoned, trash-strewn lot of a former galvanized steel plant in Philadelphia. (1) The old industrial site located amongst the still-operating...
Reconciling Congress to Tax Reform
Tax law constantly churns, somehow avoiding the molasses of the legislative process. A common critique levied against tax law is that there is too much legislative action, resulting in ever-changing rules. This Essay argues that, in reality, congressional...
Senate Gridlock and Federal Judicial Selection
One crucial locus of gridlock is appointments to the United States Courts of Appeals, which have grown extremely contentious, as the circuits resolve disputes about controversial issues and can effectively be tribunals of last resort for designated...
Site-Specific Laws
We are accustomed to thinking that Congress legislates equally throughout the country. (1) Assaulting a federal officer is illegal whether the attack occurs in Virginia or in Colorado. (2) The Endangered Species Act (ESA) (3) applies equally to the...
The Court-Packing Plan as Symptom, Casualty, and Cause of Gridlock
By the summer of 1936, President Franklin Roosevelt was convinced that the New Deal was the victim of gridlock. The problem, to be sure, was not in the Congress. During Roosevelt's first term the Democrats enjoyed commanding majorities in both the...
The Law and Economics of Products Liability
I. INTRODUCTION No area of the law is perfect, and this truism certainly applies to products liability. But products liability law has come in for some unusually harsh criticism in the law and economics literature of late, (1) and much of the treatment...
The Phenomenology of Gridlock
Assertions that our legislative process is gridlocked--perhaps even "hopelessly" so--are endemic. So many more of our problems would be fixed, the thinking goes, if only our political institutions were functioning properly. The hunt for the causes...
The Union as a Safeguard against Faction: Congressional Gridlock as State Empowerment
This short essay, written for Notre Dame Law Review's conference on congressional gridlock, argues that gridlock is an expected and integral component of the legislative process. The bicameralism and presentment requirements of Article I of the U.S....
Treading Water While Congress Ignores the Nation's Environment
INTRODUCTION During the late 1960s, the nation's attention was riveted on graphic images of contaminated resources, such as smoldering rivers and oil-soaked seagulls, (1) as well as Rachel Carson's haunting prose about the "strange blight" (2) of...
Why Gridlock Matters
INTRODUCTION A week before the 2012 presidential election, I had the opportunity to speak with a former senator. I asked him about gridlock. I wondered what he would say to my law students who had lost hope in the legislative process because of...