Notre Dame Law Review

Articles from Vol. 85, No. 3, March

A Pirate Looks at the Twenty-First Century: The Legal Status of Somali Pirates in an Age of Sovereign Seas and Human Rights
Mother, Mother Ocean, after all these years I've found, My occupational hazard being my occupation's just not around. (1) INTRODUCTION Captains Blackbeard and Kidd, and even Hook and Sparrow, are the primary conception of piracy for many people....
A Proposed Standard for Amended Section 5 of the Voting Rights Act of 1965 as Applied to Redistricting
INTRODUCTION Many minorities still did not have the right to vote (1) nearly a hundred years after the Reconstruction Amendments (2) guaranteed them this constitutional right and others. (3) The Voting Rights Act of 1965 (4) (VRA) was to the pre-1965...
Beyond Medellin: Reconsidering Federalism Limits on the Treaty Power
INTRODUCTION The Constitution recognizes three sources of law as the supreme law of the land: the Constitution itself, federal laws passed in pursuance of the Constitution, and treaties made under the authority of the United States. (1) In addition...
Catholic Schools, Urban Neighborhoods, and Education Reform
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,...
Deciphering the Chemical Soup: Using Public Nuisance to Compel Chemical Testing
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....
Null Preemption
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....
Plausibility Pleading Revisited and Revised: A Comment on Ashcroft V. Iqbal
This Article critically examines the Supreme Court's most recent decision on Rule 8(a)(2) pleading standards, Ashcroft v. Iqbal, decided in May 2009. The Article supplements and extends the analysis in my recent article, Twombly, Pleading Rules, and...
Returning Veterans and Disability Law
Federal laws and policies as they relate to the employment of people with disabilities are at war with themselves. Antidiscrimination law, primarily through the Americans with Disabilities Act, is premised on the empowering idea that people with disabilities...
Seeing the Forest: A Holistic View of the RICO Statute of Limitations
INTRODUCTION "Though rarely the subject of sustained scholarly attention, the law concerning statutes of limitations fairly bristles with subtle, intricate, often misunderstood issues...." (1) Admittedly, the statute of limitations for the Racketeer...
State Extraterritorial Powers Reconsidered
INTRODUCTION I. FLOREY'S THREE UNSTATED ASSUMPTIONS A. One or Multiple Extraterritoriality Principles? B. Constitutional Limits? C. What Institutions? II. THE BIG PICTURE: TWO COMPETING VIEWS OF THE STRUCTURE OF POWER-ALLOCATION AMONG...
State Extraterritorial Powers Reconsidered: A Reply
INTRODUCTION I greatly appreciate Professor Rosen's thoughtful reply (1) to my recent article. (2) In many ways, our differences on extraterritoriality doctrine and practice are modest. We agree that current doctrine has its flaws; we agree that...