View PDF ARTICLE THE STRUCTURE OF CRIMINAL FEDERALISM Erin C. Blondel* Scholars and courts have long assumed that a limited federal government should stick to genuinely “federal” crimes and leave “local” crimes to the states.  By that measure, criminal federalism has failed; federal criminal law largely overlaps with state crime, and federal prosecutors regularly do seemingly […]

View PDF ARTICLE SPECIFIC PERFORMANCE: ON FREEDOM AND COMMITMENT IN CONTRACT LAW Hanoch Dagan* & Michael Heller** When should specific performance be available for breach of contract?  This question—at the core of contract—divides common-law and civil-law jurisdictions and it has bedeviled generations of comparativists, along with legal economists, historians, and philosophers.  Yet none of these disciplines has […]

View PDF ARTICLE THE LIMITATIONS OF PRIVACY RIGHTS Daniel J. Solove* Individual privacy rights are often at the heart of information privacy and data protection laws.  The most comprehensive set of rights, from the European Union’s General Data Protection Regulation (GDPR), includes the right to access, right to rectification (correction), right to erasure (deletion), right to […]

View PDF ARTICLE CONGRESSIONAL POWER, PUBLIC RIGHTS, AND NON–ARTICLE III ADJUDICATION John M. Golden* & Thomas H. Lee** When can Congress vest in administrative agencies or other non–Article III federal courts the power to adjudicate any of the nine types of “Cases” or “Controversies” listed in Article III of the United States Constitution?  The core doctrine holds that […]

View PDF ARTICLE A PROPHYLACTIC APPROACH TO COMPACT CONSTITUTIONALITY Katherine Mims Crocker* From COVID-19 to climate change, immigration to health insurance, firearms control to electoral reform: state politicians have sought to address all these hot-button issues by joining forces with other states.  The U.S. Constitution, however, forbids states to “enter into any Agreement or Compact” with each […]

View PDF ARTICLE THE LIMITS OF CHURCH AUTONOMY Lael Weinberger* American courts apply “church autonomy doctrine” to protect the self-governance of religious institutions, based on both of the First Amendment’s religion clauses.  Church autonomy’s defenders have sometimes described the doctrine as establishing distinct spheres of sovereignty for church and state.  But critics have argued that church autonomy […]

R. George Wright, 98 Notre Dame L. Rev. Reflection 146 (2023)

John Vlahoplus, 98 Notre Dame L. Rev. Reflection 133 (2023)