Notre Dame Law Review

Articles from Vol. 88, No. 1, November

A Distinctionless Distinction: Why the RCS/ECS Distinction in the Stored Communications Act Does Not Work
INTRODUCTION On April 30, 2003, Tamara Greene was shot dead by a .40 caliber pistol, the same caliber used by the Detroit police. (1) Mayor Kwame Kilpatrick, celebrating his election as the youngest mayor of Detroit, is alleged to have had a party...
An Economic Analysis of Civil versus Common Law Property
III. COMMON LAW PROPERTY Although the common law shares with the civil law the basic exclusion-governance architecture, the common law employs a style that results in less of a focus on the "things" of property. The common law of property is not...
Benign Partisanship
III. DEFINING A ROLE FOR THE COURTS" THE LEGAL AND STRUCTURAL IMPLICATIONS OF PRO-FEDERALISM GERRYMANDERING The process of gerrymandering is both inherently political and ties directly into the balance of our federalism; consequently, there is a...
Fostering Free Exercise
INTRODUCTION Each child is "endowed by [its] Creator with certain unalienable Rights," (1) and through the natural course of generation, with a mother and father who are the presumptive guardians, not only of the child, but of the child's rights....
Jurisprudence That Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, and Death Penalty Discourse
Despite obvious differences, certain historical and conceptual underpinnings of Catholic death penalty teaching parallel core elements of U.S. death penalty jurisprudence, particularly given the Supreme Court's expansive yet contested moral reasoning...
Nonincorporation: The Bill of Rights after McDonald V. Chicago
Very few rights in the Bill of Rights have not been incorporated against the states. In McDonald v. Chicago, the Supreme Court held that the Second Amendment right to bear arms, which the Court previously had decided did not apply against states, was...
Overruling Crawford V. Washington: Why and How
The stars are aligned today for the overruling of Crawford v. Washington. (1) Although Justice Scalia's opinion in that Confrontation Clause case omitted analysis of most of the recognized factors justifying its sharp departure from stare decisis,...
Picturing Takings
III. JUDICIAL TAKINGS, ILLUSTRATED My discussion to this point has been limited to takings (or alleged takings) by actors in the political branches. Can a court, by issuing a decision impacting property rights, also commit a taking within the meaning...
Privatizing Workplace Privacy
Perhaps "the" question in this age of workplace technological innovation concerns the amount of privacy employees should have in electronic locations in the workplace. An important related question is whether public-sector and private-sector employees,...
The New Intrusion
The tort of intrusion upon seclusion offers the best theory to target legitimate privacy harms in the information age. This Article introduces a new taxonomy that organizes privacy regulations across four key stages of information flow--observation,...
Waiting for the Justice League: Motivating Child Welfare Agencies to Save Children
INTRODUCTION Three-year-old Eli Creekmore died at the hands of his father in spite of robust child welfare agency intervention in his home. Eli's tragic death so thoroughly captured the nation's attention that a documentary detailing his troubling...
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