Notre Dame Law Review

Articles from Vol. 87, No. 3, February

Against Notice Skepticism in Privacy (and Elsewhere)
INTRODUCTION What follows is an exploration of innovative new ways to deliver privacy notice. Unlike traditional notice that relies upon text or symbols to convey information, emerging strategies of "visceral" notice leverage a consumer's very experience...
A Natural Law Manifesto or an Appeal from the Old Jurisprudence to the New
On June 4th, a gathering was held under the auspices of the Claremont Institute to announce the formation of a new Center for Natural Law. The purpose of the new Center is to hold seminars for students in law school, or newly sprung from law school,...
A Visa to "Snitch": An Addendum to Cox and Posner
Cox and Posner's landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in...
Commandeering Copyright
This Article examines the increasingly common phenomenon of copyright commandeering, which is the use of standardized contracts and other legal devices to reassign, on a massive scale, the entitlements initially assigned by copyright law. Though many...
Executive Trade Secrets
The law discriminates among a corporation's secrets. In the eyes of the law, commercial secrets of corporations are legitimate secrets that deserve legal protection and nondisclosure, but personal secrets of executives are not as deserving of legal...
Plight of the Boat People: How to Determine State Obligations to Asylum Seekers
INTRODUCTION Scared, shivering, and disheveled, thousands of people float across the Indian Ocean from Asia to reach Australia (1) in search of freedom from the persecution that they face in their homes. (2) After these "boat people" land on Australian...
Proportionality in Counterinsurgency: A Relational Theory
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal...
What Are Equal Terms Anyway?
INTRODUCTION In 1994 the Lighthouse Institute for Evangelism purchased property in downtown Long Branch, New Jersey. (1) The property was meant to be the new site of a church, which had been renting a nearby building for several years. The property...
Who Is the Attorney General's Client?
Two consecutive presidential administrations have been beset with controversies surrounding decision making in the Department of Justice, frequently arising from issues relating to the war on terrorism, but generally giving rise to accusations that...
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