General Issues

Volume 39, Issue 1


Articles


Informing Choice: The Role of Adoption in Women’s Pregnancy Decision-Making
Elizabeth R. Kirk and Ryan Hanlon

Wartime Homefront Medical Ethics
Nili Karako-Eyal, Shelly Kamin-Friedman, and Maya Pered Raz

Medically Necessary Abortions after Dobbs: What, If Anything, Has Changed?
Maura K. Quinlan and Paul Benjamin Linton

Person-Centered Pluralism About Contract Theory
C. Scott Pryor

The States’ Response to Dobbs v. Jackson Women’s Health Organization
Clarke D. Forsythe and Carolyn McDonnell

The Debate on Trying Minors Who Commit Adultlike Offenses as Adults: A Middle-Ground Contribution
Philip C. Aka

Intrinsic Human Equality: A Critical Overview of Recent and Historical Theory
Robert Diab


Notes


Don’t Trust the Vibes: A Better Test for Pop Music Copyright Infringement
Lauryn Mary Sparger

Generative A.I., Virtual Child Pornography, and the First Amendment: Time to Reconsider Ashcroft v. Free Speech Coalition?
Seth Atisha

United We Bargain, Divided We Beg: Constitutional Concerns of State Anti-Captive Audience Laws
Ryan Hocking

Nontestimonial: State Child Hearsay Exceptions in the Post-Crawford Era
McKenzie Jordan Brummond

Too Much Sunlight: Is Supreme Court TV a Good Idea?
Harrison Richter

General Issues, Issue Archives

Volume 38, Issue 1


Articles


A Catholic Defense of Corporate Law and Practice
Julian Velasco

The Puzzling Persistence of Capital Punishment
Craig S. Lerner

A Critique of Guardianship Theory from the Perspective of Catholic Thought: The Tension Between the Duty to Protect and Preservation of Legal Autonomy
Lucia A. Silecchia

Christianity and the Liberal(ish) Income Tax
Andrew T. Hayashi

Cheaters Never Prosper: The Legal Liability and Ethical Responsibility of “Homework Help” Sites
Valerie Flugge

Applying Steve Jobs’s Insights on Innovation, Leadership, and Technology Toward an Apple-inspired Law School
Byron G. Stier

Lessons in Rhetoric from Older Case Law
William B. Reingold, Jr.


Notes


Sharing the Blame: Using Market Share to Allocate Liability in Opoid Public Nuisance Lawsuits
Molly Grace Baldock

A New Perspective on Common Ownership: Considering the Anticompetitive Effects of the Big Three’s ESG Agenda
Kendall Crawford

Legacy Business Programs: How a Trending Regulatory Tool Saves Small Businesses of Cultural Value
Jacqueline Muallem

The “Orange Prince” of Copyright: Warhol’s Prince Series & Transformative Fair Use
Haley A. Palmer

The Super Statute’s Kryptonite: The FAA After EFASHA
Michael Snyder

General Issues, Issue Archives

Volume 37, Issue 1


Articles


Virtue And The Administrative State
John S. Ehrett

Implicit Racial Attitudes And Self-Defense
Stephen P. Garvey

Protecting Church Autonomy In The Twenty-First Century: A Defense of the Compulsory Deference Approach for Church Property Litigation
Matthew R. Goldammer

Corporate Responsibility For Rogue Agents
Daniel Harris

Children Sentenced As Adults
Vanessa F. Hernandez Levin

The Tripartite Model Of Facial Recognition: Bridging The Gap Between Privacy, Public Safety, Technology And The Fourth And First Amendments
Shlomit Yanisky-Ravid and Kyle Fleming


Notes


The Neurological Imprint Of Incarceration And Its Effects On Recidivism
Malcolm Coffman

Tackling The Intangible: Why The Supreme Court Needs To Define Intellectual Property And What Facebook Stands To Lose (Or Win)
John Paul A. Galgano

Wading In Murky Waters: The Good-Faith Exception To The Exclusionary Rule & Title III Wiretaps
Joseph W. Gergel, III

Lessons From Vietnam: Informing Refugee Policy In Haiti And Afghanistan From Post-Vietnam United States Policy
Davis Lovvorn

Environmental, Social, And Governance (ESG) Matters: Can The SEC Mandate Disclosure? Should The SEC Mandate Disclosure?
Samantha M. Mariani

An Establishment Clause Eulogy: The Rise And Fall Of The Status/Use Distinction
Leo O’Malley

General Issues, Issue Archives, Symposium Issues

Volume 36, Issue 2


Articles


The Influence of Partisanship On Supreme Court Election Law Rulings
Anthony J. Gaughan

Faith In Elections
Derek T. Muller

Vote Dilution And Voter Disenfranchisement In United States History
Luis Ricardo Fraga, PhD.


Notes


After Further Review: Towards A Rebuttable Presumption In Favor Of Ballot Validity
Devin Humphreys

Regulation Or Qualification: The Qualifications Clause, The Elections Clause, And Federal Regulation of Mail-In Ballots
Andrew Scarafile

Mass Incarceration & The Minority Vote: The Case For A Federal Ban On Felon Disenfranchisement
Jaylen Amaker, Danielle M. Lyn, & Marquan Robertson


Please Note: The Notre Dame Journal of Law, Ethics & Public Policy Online Supplement aims to make legal scholarship available more quickly, particularly regarding current events and topically relevant issues.  As such, forthcoming articles, notes, and essays may be published on a rolling basis prior to pagination finalization.  These works, noted by an asterisk, will be compiled into journal issues retroactively for organizational and citation purposes.

General Issues, Issue Archives

Volume 36, Issue 1


Articles


Can Continuing Legal Education Pass the Test? Empirical Lessons from the Medical World
Rima Sirota 

Trust and Distrust Across Constitutional Law
R. George Wright

The Legal and Ethical Implications of Public Pension Reform: Analyzing the New Constitutional Cases
T. Leigh Anenson and Jennifer K. Gershberg

Evaluating Legal Needs
Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, and Felipe Hinojosa

Scandal and Due Process: A Canonical Response to the McCarrick Case
Fr. John Paul Kimes


Notes


Anti-Slapped in the Face: The Applicability of Anti-Slapp Statutes in Federal Courts
Noah Brown

Corporal Punishment in the United States: Abolishment Under the Civil Rights Act of 1964
Caroline J. Capili

Deinstitutionalization or Transinstitutionalization? Barriers to Independent Living for Individuals with Intellectual and Developmental Disabilities
Katherine Cienkus

Social Movement Theory and the Role of Qualified Immunity in Increasing Political Violence
Cesar M. Estrada

The Duty to Monitor: How the Mission Critical Doctrine in Marchand Informs Director Liability for Cybersecurity Breaches
Mary Ellen Kempf

Improving New Market Tax Credit Accessibility to Address Food Vulnerability
Zahraa Nasser


Please Note: The Notre Dame Journal of Law, Ethics & Public Policy aims to make legal scholarship available more quickly, particularly regarding current events and topically relevant issues.  As such, forthcoming articles, notes, and essays may be published on a rolling basis prior to pagination finalization.  These works, noted by an asterisk, will be compiled into journal issues retroactively for organizational and citation purposes.

General Issues, Issue Archives

Volume 35, Issue 1


Articles


Lawyer Ethics for Innovation
Renee Knake Jefferson

Specialty Bar Associations and the Marketing of Ethics: The Example Of the Academy of Adoption Attorneys
Malinda L. Seymore

Looking Beyond the Profit and Into the Light: Consumer Financial Protections and the Common Good
Veryl Victoria Miles

Revising the Federal Rules of Civil Procedure: Carving Out A More Active Role for Congress
Michael Vitello

The Professionalization of Compliance: Its Progress, Impediments, and Outcomes
James A. Fanto

Bringing Corporate Governance Down to Earth: From Culmination Outcomes to Comprehensive Outcomes in Shareholder and Stakeholder Capitalism
Dr. Malcolm Rogge


Notes


Solitary Confinement as Illegitimately Proscribed and Disproportional Punishment: Another Angle From Which To Attack the Inhumane Practice
Danika Jo Anderson

The Rising Popularity of the Right to Counsel in Eviction Cases: Rationales Supporting It and Legislation Providing It
Natalie D. Fulk

Dangerous To Be Right When Established Authorities Are Wrong: A Proposal for the Protection of America’s Migratory Birds
Dylan-Forrest Francis Greene

Reforming the EITC and CTC To Provide Greater Income Stability — An Alternative to UBI
Jacqueline Heafey

The Strained Relationship Between Hair Discrimination and Title VII Litigation and Why It Is Time To Use a Different Solution
Christine Kennedy

Appeal Waivers: When Must They Be Raised
Nicole A. Paige