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Notre Dame Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 680 papers

1.

The Arc toward Justice and Peace

Mary Ellen O'Connell, The Arc toward Justice and Peace, in Arcs of Global Justice: Essays in Honour of William A. Schabas (D. Amann & M. de Guzman eds. Oxford University Press, 2018), pp. 467-483, Notre Dame Legal Studies Paper No. 1932
Number of pages: 18 Posted: 10 Apr 2019
Accepted Paper Series
Notre Dame Law School
Downloads 5
2.

The Thirteenth Amendment, Human Trafficking, and Hate Crimes

The Thirteenth Amendment, Human Trafficking, and Hate Crimes, 39 Seattle U. L. Rev. 829 (2016), Notre Dame Legal Studies Paper No. 1931
Number of pages: 19 Posted: 29 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 4
3.

Mild and Equitable Establishments

First Things (April 2019), Notre Dame Legal Studies Paper No. 1930
Number of pages: 7 Posted: 27 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 38
4.

When Soft Law Meets Hard Politics: Taming the Wild West of Nonprofit Political Involvement

45 Journal of Legislation (2019, Forthcoming), Notre Dame Legal Studies Paper No. 1929
Number of pages: 50 Posted: 14 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 77
5.

Remarks on the Problem of Scope in IP

Washington Journal of Law, Technology & Arts, Vol. 14, 2018, Notre Dame Legal Studies Paper No. 1924
Number of pages: 34 Posted: 13 Mar 2019 Last Revised: 14 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 51
6.

The Promises and Perils of Using Big Data to Regulate Nonprofits

94 Washington Law Review (2019, Forthcoming), Notre Dame Legal Studies Paper No. 1928
Number of pages: 53 Posted: 12 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 66
7.

Complex Compliance Investigations

Columbia Law Review, Forthcoming, Notre Dame Legal Studies Paper No. 1927
Number of pages: 70 Posted: 12 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 74
8.

The Case Against Product Configuration Trade Dress

Trademark Law and Theory: Reform of Trademark Law, Graeme Dinwoodie & Mark Janis, eds. (Edward Elgar, 2019, Forthcoming), Notre Dame Legal Studies Paper No. 1925
Number of pages: 33 Posted: 08 Mar 2019 Last Revised: 15 Mar 2019
Working Paper Series
Notre Dame Law School and University of Notre Dame, Law School
Downloads 49
9.

Neoclassical Administrative Law

Harvard Law Review, Vol. 133, 2019, Forthcoming, Notre Dame Legal Studies Paper No. 1923
Number of pages: 54 Posted: 04 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 318
10.

Unfair Disruption

Stanford Law and Economics Olin Working Paper No. 532, Notre Dame Legal Studies Paper No. 1926
Number of pages: 72 Posted: 01 Mar 2019 Last Revised: 15 Mar 2019
Working Paper Series
Stanford Law School and Notre Dame Law School
Downloads 146
11.

Torts Against the State

Civil Wrongs and Justice in Private Law, Paul B. Miller and John F.K. Oberdiek, eds., Oxford U. Press (2020, Forthcoming), Notre Dame Legal Studies Paper No. 1921
Number of pages: 42 Posted: 12 Feb 2019
Working Paper Series
Notre Dame Law School and Notre Dame Law School
Downloads 95
12.

Should Antitrust Survive Behavioral Economics?

Forthcoming in CPI Antitrust Chronicle, Notre Dame Legal Studies Paper No. 1919
Number of pages: 9 Posted: 11 Feb 2019 Last Revised: 11 Feb 2019
Accepted Paper Series
Notre Dame Law School
Downloads 91
13.

Conditioning Citizenship Benefits on Satisfying Citizenship Obligations

2019 U. Ill. L. Rev. (Forthcoming), Notre Dame Legal Studies Paper No. 1920
Number of pages: 46 Posted: 07 Feb 2019
Accepted Paper Series
Notre Dame Law School
Downloads 75
14.

Federalism

The Cambridge Companion to the United States Constitution 185-223 (Karen Orren & John Compton, eds., 2018), Notre Dame Legal Studies Paper No. 1922
Number of pages: 61 Posted: 28 Jan 2019 Last Revised: 27 Feb 2019
Accepted Paper Series
Notre Dame Law School
Downloads 53
15.

Statutory Interpretation, Administrative Deference, and the Law of Stare Decisis

Texas Law Review, Forthcoming, Notre Dame Legal Studies Paper No. 1859
Number of pages: 75 Posted: 10 Jan 2019 Last Revised: 20 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 197
16.

Justifying Competition Law in the Face of Consumers' Bounded Rationality

In Klaus Mathis and Avishalom Tor (Eds.), New Developments in Competition Law and Economics, Springer: United Kingdom., Notre Dame Legal Studies Paper No. 1918
Number of pages: 22 Posted: 19 Dec 2018 Last Revised: 15 Jan 2019
Accepted Paper Series
Notre Dame Law School
Downloads 65
17.

'There Are No Ordinary People': Christian Humanism and Christian Legal Thought

56 J. Cath. Leg. Stud. 77 (2017), Notre Dame Legal Studies Paper No. 1854
Number of pages: 7 Posted: 26 Nov 2018
Accepted Paper Series
Notre Dame Law School
Downloads 123
18.

Prior Art in the District Court

Notre Dame Legal Studies Paper No. 1858
Number of pages: 48 Posted: 19 Nov 2018 Last Revised: 22 Feb 2019
Working Paper Series
Notre Dame Law School
Downloads 181
19.

Brief for Samuel L. Bray as Amicus Curiae Supporting Petitioners, Merck & Co. v. Gilead Sciences, Inc.

Number of pages: 25 Posted: 25 Oct 2018
Working Paper Series
Notre Dame Law School
Downloads 225
20.

The Place of Economic Crisis in American Constitutional Law: The Great Depression As a Case Study

Forthcoming, Liberal Constitutions in Financial Crises, Tom Ginsburg, Mark Rosen, & Georg Vanberg, eds., Cambridge University Press, 2019, Notre Dame Legal Studies Paper No. 1847
Number of pages: 71 Posted: 11 Oct 2018 Last Revised: 19 Oct 2018
Accepted Paper Series
Notre Dame Law School
Downloads 96
21.

The Future of Multidistrict Litigation

51 Connecticut Law Review, Forthcoming, Notre Dame Legal Studies Paper No. 1849
Number of pages: 44 Posted: 10 Oct 2018
Accepted Paper Series
Notre Dame Law School
Downloads 28
22.

Why Federal Courts Apply the Law of Nations Even Though It Is Not the Supreme Law of the Land

106 Georgetown Law Journal 1915 (2018), Notre Dame Legal Studies Paper No. 1848, GWU Law School Public Law Research Paper No. 2018-41, GWU Legal Studies Research Paper No. 2018-41
Number of pages: 50 Posted: 10 Oct 2018
Accepted Paper Series
Notre Dame Law School and George Washington University Law School
Downloads 54
23.

Getting Blood from Stones: Results and Policy Implications of an Empirical Investigation of Child Support Practice in St. Joseph County, Indiana Paternity Actions

56 Family Court Review -- 2018, Notre Dame Legal Studies Paper No. 1850
Number of pages: 29 Posted: 10 Oct 2018
Accepted Paper Series
Notre Dame Law School and Brooklyn Law School
Downloads 16
24.

Multi-Partner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana

52 Family Law Quarterly Spring 2019
Number of pages: 23 Posted: 10 Oct 2018
Accepted Paper Series
Notre Dame Law School and Brooklyn Law School
Downloads 16
25.

Special Justifications

33 Constitutional Commentary 471 (2018)
Number of pages: 21 Posted: 09 Oct 2018
Accepted Paper Series
Notre Dame Law School
Downloads 87
26.

The Diminishing Duty of Loyalty

75 Wash. & Lee L. Rev. 1035 (2018), Notre Dame Legal Studies Paper No. 1846
Number of pages: 62 Posted: 05 Sep 2018
Accepted Paper Series
Notre Dame Law School
Downloads 222
27.

Equity and the Seventh Amendment

Notre Dame Legal Studies Paper No. 1852
Number of pages: 46 Posted: 03 Sep 2018 Last Revised: 07 Feb 2019
Working Paper Series
Notre Dame Law School
Downloads 238
28.

The Outsized Influence of the FCPA?

2018 Illinois Law Review __ (2018) (Forthcoming), Notre Dame Law School Legal Studies Research Paper No. 1840
Number of pages: 23 Posted: 27 Jul 2018 Last Revised: 14 Aug 2018
Accepted Paper Series
Notre Dame Law School
Downloads 65
29.

Teaching the Lochner Era

62 St. Louis U. L.J. 537 (2018), Notre Dame Law School Legal Studies Research Paper No. 1845
Number of pages: 33 Posted: 24 Jul 2018
Accepted Paper Series
Notre Dame Law School
Downloads 198
30.

New Frontiers in Private Fiduciary Law

Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, eds., The Oxford Handbook of Fiduciary Law (New York: Oxford University Press, 2019). , Notre Dame Legal Studies Paper No. 1857
Number of pages: 28 Posted: 27 Jun 2018 Last Revised: 07 Dec 2018
Accepted Paper Series
Notre Dame Law School
Downloads 168
31.

Priests, Lawyers and Scholars Studies in Honor of Robert Araujo, S.J.

Richard W. Garnett, "Afterword," in S. Hendrianto, S.J., ed., Priests, Lawyers, and Scholars: Essays in Honor of Robert J. Araujo, S.J." (Franciscan Univ. Press 2017)
Number of pages: 4 Posted: 07 Jun 2018
Accepted Paper Series
Notre Dame Law School
Downloads 15
32.

Freedom 'for' Religion: (Yet) Another View of the Cathedral

"Freedom 'for' Religion: (Yet) Another View of the Cathedral," in Brett G. Scharffs, Asher Maoz, and Ashley Isaacson Woolley, eds., Religious Freedom and the Law: Emerging Contexts for Freedom for and Freedom From Religion (Routledge 2019 Forthcoming)
Number of pages: 18 Posted: 07 Jun 2018
Accepted Paper Series
Notre Dame Law School
Downloads 82
33.

Religious Freedom and Recycled Tires: The Meaning and Implications of Trinity Lutheran

2016-17 Cato Supreme Court Review 105, Notre Dame Law School Legal Studies Research Paper No. 1842
Number of pages: 27 Posted: 06 Jun 2018
Accepted Paper Series
Notre Dame Law School and University of Notre Dame, Law School, Students
Downloads 19
34.

Claiming Design

University of Pennsylvania Law Review, Vol. 167, p. 123, 2018, NYU School of Law, Public Law Research Paper No. 18-32, NYU Law and Economics Research Paper No. 18-17, Notre Dame Legal Studies Paper No. 1856
Number of pages: 89 Posted: 30 May 2018 Last Revised: 28 Dec 2018
Accepted Paper Series
New York University School of Law and Notre Dame Law School
Downloads 189
35.

Fiduciary Remedies

Oxford Handbook of Fiduciary Law (E. Criddle, P. Miller & R. Sitkoff eds., Forthcoming 2018), UCLA School of Law, Law-Econ Research Paper No. 18-04
Number of pages: 33 Posted: 30 May 2018 Last Revised: 31 May 2018
Accepted Paper Series
Notre Dame Law School
Downloads 231
36.

Equity as Supplemental Law

Dennis Klimchuk, Irit Samet, and Henry E. Smith, eds., Philosophical Foundations of the Law of Equity (Oxford: Oxford University Press, Forthcoming).
Number of pages: 39 Posted: 29 May 2018
Accepted Paper Series
Notre Dame Law School
Downloads 150
37.

The Parable of the Forms

Number of pages: 4 Posted: 24 May 2018
Working Paper Series
Notre Dame Law School
Downloads 466
38.

Opting Out of Discovery

72 Vanderbilt Law Review, Forthcoming
Number of pages: 62 Posted: 17 May 2018 Last Revised: 29 May 2018
Accepted Paper Series
Notre Dame Law School
Downloads 41
39.

Proximate vs. Geographic Limits on Patent Damages

7 IP Theory (2018), Notre Dame Legal Studies Paper No. 1915
Number of pages: 13 Posted: 09 May 2018 Last Revised: 15 Jan 2019
Accepted Paper Series
Notre Dame Law School
Downloads 39
40.

Planning for Density: Promises, Perils and a Paradox

Journal of Land Use & Environmental Law, Vol. 33, No. 1, 2017
Number of pages: 24 Posted: 04 May 2018
Accepted Paper Series
Notre Dame Law School
Downloads 34
41.

The Popular But Unlawful Armed Reprisal

44 ONU L. Rev. 325 (2018), Notre Dame Law School Legal Studies Research Abstract No. 1841
Number of pages: 27 Posted: 27 Apr 2018 Last Revised: 14 Aug 2018
Accepted Paper Series
Notre Dame Law School
Downloads 75
42.

Criminal Trademark Enforcement and the Problem of Inevitable Creep

Akron Law Review, Vol. 51, 2018
Number of pages: 35 Posted: 26 Apr 2018 Last Revised: 12 May 2018
Accepted Paper Series
Notre Dame Law School
Downloads 59
43.

Foreword: The Future of Qualified Immunity

Notre Dame Law Review, Vol. 93, 2018
Number of pages: 5 Posted: 23 Apr 2018
Accepted Paper Series
Notre Dame Law School
Downloads 88
44.

Combating Silence in the Profession

105 Virginia L. Rev, Forthcoming, Notre Dame Legal Studies Paper No. 1839
Number of pages: 53 Posted: 03 Apr 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 110
45.

The Compliance Process

94 Indiana Law Journal 203 (2019), Notre Dame Legal Studies Paper No. 1838
Number of pages: 50 Posted: 03 Apr 2018 Last Revised: 07 Mar 2019
Accepted Paper Series
Notre Dame Law School
Downloads 284
46.

Empowering Courts in Corporate Law

The Journal of Corporation Law, VOL. 42 PP. 767-776 (Spring 2017)
Number of pages: 11 Posted: 01 Apr 2018
Accepted Paper Series
Notre Dame Law School
Downloads 36
47.

A (Partial) Defense of Section 501(C)(4)'s 'Catchall' Nature

21 NYU J. Legis. & Pub. Pol'y 439 (2018), Notre Dame Legal Studies Paper No. 1836
Number of pages: 43 Posted: 28 Mar 2018 Last Revised: 04 Apr 2019
Accepted Paper Series
Notre Dame Law School
Downloads 102
48.

'To Help, Not to Hurt': Justice Thomas's Equality Canon

The Yale Law Journal Forum, August 2017
Number of pages: 12 Posted: 27 Mar 2018 Last Revised: 18 Apr 2018
Accepted Paper Series
Independent and Notre Dame Law School
Downloads 15
49.

Equity: Notes on the American Reception

In John C.P. Goldberg, Peter Turner and Henry E. Smith (eds), Equity and Law: Fusion and Fission (CUP 2018) (Forthcoming)
Number of pages: 18 Posted: 23 Mar 2018 Last Revised: 25 Sep 2018
Accepted Paper Series
Notre Dame Law School
Downloads 114
50.

Why Didn't the Common Law Follow the Flag?

Virginia Law Review, 2019, Forthcoming, Notre Dame Legal Studies Paper No. 1853
Number of pages: 57 Posted: 19 Mar 2018 Last Revised: 07 Dec 2018
Accepted Paper Series
Notre Dame Law School
Downloads 260