Notre Dame Law Review

Articles from Vol. 85, No. 5, December

"Are You Serious?": Examining the Constitutionality of an Individual Mandate for Health Insurance
Are you serious? Are you serious? Nancy Pelosi, Speaker of the House, responding to a question about the constitutionality of an individual mandate for health insurance (1) INTRODUCTION The Patient Protection and Affordable Care Act (PPACA)...
Defending the "Other" First Amendment Freedom: State Campaign Disclosure Laws and the Free Exercise of Religion
[T]hose who say that religion has nothing to do with politics do not know what religion means. Mohandas K. Gandhi (1) INTRODUCTION Five church members meet on a Saturday afternoon in their church basement to make fliers for distribution at...
"Ensuring So Grave a Choice Is Well Informed": The Use of Abortion Informed Consent Laws to Promote State Interests in Unborn Life
INTRODUCTION With its 2007 decision in Gonzales v. Carhart, (1) the Supreme Court essentially invited states to regulate abortion through informed consent statutes. (2) Noting the power that informed consent statutes have to persuade a woman to...
State Action and Corporate Human Rights Liability
This Essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute (ATS). It argues that, in addressing this requirement, courts have erred in applying the state action jurisprudence developed...
The Alien Tort Statute and Federal Common Law: A New Approach
International human rights cases brought under the Alien Tort Statute (ATS) (1) raise a host of issues: whether the alleged conduct violates well-established international law, (2) the applicability and scope of various forms of secondary liability,...
The Constitution and the Laws of War during the Civil War
INTRODUCTION I. LAW OF THE FOUNDING AND ANTEBELLUM PERIODS A. Allegiance and Protection B. Municipal and International Law C. War and the Alien D. The Antebellum Law of Treason and Rebellion II. LEGAL UNCERTAINTY AT THE OUTSET...
The Political Branches and the Law of Nations
INTRODUCTION In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, (1) the Court...
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