Notre Dame Law Review

Articles from Vol. 84, No. 4, April

Democracy and International Human Rights Law
INTRODUCTION I. THE CHALLENGE OF INTERNATIONAL HUMAN RIGHTS LAW A. The Growing Scope of International Human Rights Law B. International Human Rights Law as a Justification for Changing Domestic Law 1. Direct Incorporation...
Golden Rule Reasoning, Moral Judgment, and Law
This article examines "Golden Rule reasoning"--reasoning according to the principle that we should treat others as we would have them treat us--as a basis for moral action and as a criterion for assessing the moral quality and implications of judicial...
The Emperor's New Clothes: Exposing the Failures of Regulating Land Use through the Ballot Box
This Article analyzes the recent trend of regulating land use through ballot initiatives. Most of this activity occurs in jurisdictions west of the Mississippi River, and as the West becomes the new political battleground, the significance of these...
The (Non)problem of a Limited Due Process Right to Judicial Disqualification
With respect to the people that are supporting me [in my election bid], my position has been the same, which is: if the law's in your favor, then I may find for you. If it's against you, then understand that I may find against you, that's the way it...
The War on Antiquities: United States Law and Foreign Cultural Property
INTRODUCTION On the morning of January 24, 2008, federal agents raided four California museums, (1) combing through their galleries, offices, storerooms, and computers in search of evidence that museum officials had knowingly acquired looted antiquities...
"This Constitution": Constitutional Indexicals as a Basis for Textualist Semi-Originalism
Debate over proper methods of constitutional interpretation is interminable, in part because the Constitution seems not to tell us how it should be interpreted. I argue here that this appearance is misleading. The Constitution repeatedly refers to...
Unconscionability in the Law of Trusts
This Article claims that trust law should recognize the unconscionability defense. It begins by noting the symmetry between trust and contract defenses and the growing consensus among courts and scholars that trusts are contracts. It sketches the leading...
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