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Notre Dame Law School Legal Studies Research Paper Series

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Viewing: 1 - 50 of 677 papers

1.

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 15
2.

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 18
3.

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 42
4.

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 53
5.

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 36
6.

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 271
7.

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 84
8.

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 93
9.

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 89
10.

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 73
11.

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
12.

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 170
13.

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 64
14.

'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
15.

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 176
16.

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 219
17.

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 92
18.

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
19.

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
20.

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 15
21.

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
22.

Special Justifications

33 Constitutional Commentary 471 (2018)
Number of pages: 21 Posted: 09 Oct 2018
Accepted Paper Series
Notre Dame Law School
Downloads 86
23.

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 218
24.

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 232
25.

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 60
26.

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 195
27.

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 164
28.

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
29.

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
30.

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
31.

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 184
32.

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 211
33.

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 146
34.

The Parable of the Forms

Number of pages: 4 Posted: 24 May 2018
Working Paper Series
Notre Dame Law School
Downloads 465
35.

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
36.

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 38
37.

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 32
38.

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 72
39.

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 57
40.

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 87
41.

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 104
42.

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 207
43.

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 35
44.

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

21 New York University Journal of Legislation & Public Policy (2018 Forthcoming)
Number of pages: 45 Posted: 28 Mar 2018
Accepted Paper Series
Notre Dame Law School
Downloads 101
45.

'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
46.

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 112
47.

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 256
48.

The Exceptionalism Norm in Administrative Adjudication

Notre Dame Legal Studies Paper No. 1914
Number of pages: 60 Posted: 13 Mar 2018 Last Revised: 15 Jan 2019
Working Paper Series
Notre Dame Law School
Downloads 63
49.

The Death Penalty as Incapacitation

104 VA. L. REV. 1123 (2018), Notre Dame Legal Studies Paper No. 1855
Number of pages: 77 Posted: 08 Mar 2018 Last Revised: 10 Dec 2018
Accepted Paper Series
Notre Dame Law School
Downloads 178
50.

An Autopsy of the Clean Power Plan

44 Ecology Law Currents 109 (2017)
Number of pages: 8 Posted: 23 Feb 2018
Accepted Paper Series
Notre Dame Law School
Downloads 17