Notre Dame Law Review

Articles from Vol. 87, No. 4, April

A Call to Reject the Neurological Standard in the Determination of Death and Abandon the Dead Donor Rule
INTRODUCTION Advances in life-saving technologies coupled with the growing demand for solid organs have caused the medical community to challenge its traditional understanding of death. Today, most states have adopted the Uniform Determination of...
A (Modest) Separation of Powers Success Story
The United States Constitution was, in many respects, designed to be "a machine that would go of itself." (1) The Constitution would be made "politically self-enforcing by aligning the political interests of officials ... with constitutional rights...
Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts' Resolving Issues in the First Instance
In designing court systems in this country, all of the states and the federal government have created trial courts and one or more levels of appellate courts. Legal professionals, litigants, and the people of this country in general typically conceive...
Avoiding Independent Agency Armageddon
In Free Enterprise Fund v. Public Company Accounting Oversight Board, the U.S. Supreme Court invalidated Congress's use of two layers of tenure protection to shield Public Company Accounting Oversight Board (PCAOB) members from the President's removal....
Chipping Away at the Illinois Brick Wall: Expanding Exceptions to the Indirect Purchaser Rule
INTRODUCTION For over thirty years, the Supreme Court's decisions in Illinois Brick Co. v. Illinois (1) to deny compensation to indirect purchasers (2) harmed by antitrust violations has drawn consistent criticism. (3) Illinois Brick limits private...
Evading Legislative Jurisdiction
In the last few years, and mostly unnoticed, courts have adopted a different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, some courts...
On the Road Again: The D.C. Circuit Reinvigorates the Work-Product Doctrine in United States V. Deloitte & Touche
INTRODUCTION In 2009, the United States Court of Appeals for the First Circuit, sitting en banc, found that tax accrual workpapers prepared by in-house tax attorneys did not constitute work product. (1) The decision was widely panned. One prominent...
The Anti-Messiness Principle in Statutory Interpretation
Many of the Supreme Court's statutory interpretation opinions reflect a jurisprudential aversion to interpreting statutes in a manner that will prove "messy" for implementing courts to administer. Yet the practice of construing statutes to avoid "messiness"...
Transtemporal Separation of Powers in the Law of Precedent
INTRODUCTION Judicial power consists of "jurisdiction," the authority to speak (dictio) the law (ius). (1) As Chief Justice Marshall articulated the judge's role, it is "the province and duty of the judicial department to say what the law is." (2)...
Twombly and Iqbal Reconsidered
INTRODUCTION Perhaps the most controversial decisions thus far from the United States Supreme Court under Chief Justice John Roberts may have been in the usually mundane area of civil procedure. (1) In a pair of decisions two years apart, Bell Atlantic...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.