Notre Dame Law Review

Articles from Vol. 94, No. 2, December

Beyond Bankruptcy: Resolution as a Macroprudential Regulatory Tool
INTRODUCTION 710 I. TYPOLOGY OF RESOLUTION-BASED REGULATION 716 A. Reactive Resolution 716 1. Applying Reactive Resolution...
Blank Checks: An Analysis of Emergency Actions Warranting Unilateral Executive Action
INTRODUCTION Climate change, like terrorism, demands a response warranted by what it is: an emergency. At least, this is the argument put forth by President Barack Obama during both terms of his presidency characterizing the failure of the American...
Due Process of War
INTRODUCTION 641 I. CURRENT FRAMEWORKS FOR DUE PROCESS DURING WAR 644 A. Doctrinal: The Supreme Court's Ad Hoc Approach 645 B. Historical ...
Evidence without Rules
INTRODUCTION Imagine walking through a busy courthouse. In Courtroom One, a sexual assault case is in progress. The assistant district attorney has just called the victim as a witness. As the victim approaches the stand, you notice that she is modestly...
Gains, Losses, and Judges: Framing and the Judiciary
INTRODUCTION 522 I. FRAMING, WITH APPLICATIONS TO LAW 528 A. Reference-Dependent Choices 529 B. The Status Quo Bias ...
Prosecuting Corruption after Mcdonnell V. United States
INTRODUCTION At first glance, the final day of October Term 2015 was a major blow to the fight against public corruption. "The Bob McDonnell Supreme Court ruling makes convicting politicians of corruption almost impossible," read a headline in the...
The Depravity of the 1930s and the Modern Administrative State
Gillian Metzger's 2017 Harvard Law Review foreword, entitled 1930s Redux: The Administrative State Under Siege, is a paean to the modem administrative state, with its massive subdelegations of legislative and judicial power to so-called "expert" bureaucrats,...
The Equal Rights Amendment Revisited
[I]t's humiliating. A new amendment we vote on declaring that I am equal under the law to a man. I am mortified to discover there's reason to believe I wasn't before. I am a citizen of this country. I am not a special subset in need of your protection....
Too Much of a Good Thing: Overcrowding at America's National Parks
INTRODUCTION 986 I. BACKGROUND 989 II. RESPONSE TO THE 1978 AMENDMENTS 992 A. Channel Islands National Park...
Transborder Speech
INTRODUCTION: TRANSBORDER SPEECH, DEMOCRATIC SELF-GOVERNMENT, AND THE GLOBALIZED MARKETPLACE OF POLITICAL IDEAS This Article considers an important, but largely overlooked and underappreciated, subset of First Amendment activity: transborder speech....
Whatever Did Happen to the Antitrust Movement?
INTRODUCTION: MOVEMENT ANTITRUST Antitrust in the United States today is caught between its pursuit of technical rules designed to define and implement defensible economic goals, and increasingly political calls for a new antitrust "movement." The...
Why Do Startups Use Trade Secrets?
INTRODUCTION 753 I. EXISTING THEORIES OF WHY STARTUPS USE (AND DON'T 755 USE) TRADE SECRETS A. Reasons Why Startups Use Trade Secrecy 756 1. To...
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