Notre Dame Law Review

Steven T. Collis, 99 Notre Dame L. Rev. Reflection 229 (2024)

Perry Dane, 99 Notre Dame L. Rev. Reflection 247 (2024)

Steven K. Green, 99 Notre Dame L. Rev. Reflection 269 (2024)

Robin Fretwell Wilson & Michael J. Petersen, 99 Notre Dame L. Rev. Reflection 289 (2024)

Netta Barak-Corren, 99 Notre Dame L. Rev. Reflection 331 (2024)

Noah Austin, 99 Notre Dame L. Rev. Reflection 349 (2024)

Sarah E. Barritt, 99 Notre Dame L. Rev. Reflection 375 (2024)

View PDF Article Historical Fact Ryan C. Williams* The growing emphasis on history as a criterion of constitutional decision-making in Supreme Court jurisprudence has raised the importance of a distinctive type of judicial fact-finding—namely, the investigation and resolution of contested questions of historical fact.  Although history has always played an important role in constitutional adjudication, […]

View PDF Essay Guns, Analogies, and Constitutional Interpretation Across Centuries Frederick Schauer* & Barbara A. Spellman** In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the question of firearms regulation.[1]  After all, the fully automatic assault rifles whose sale, possession, and use […]

View PDF Essay What Originalism Can Teach Historians: History as Analogy, Means-Ends Tests, and the Problem of History in Bruen Kunal M. Parker* There is a long tradition of professional historians’ critiques of lawyers’ truncated understandings and clumsy deployments of the past.  The intellectual historian J.G.A. Pocock’s The Ancient Constitution and the Feudal Law, with […]

View PDF Note Elastic Batch and Bellwether Proceedings in Mass Arbitration Bennett Rogers* Since the Advisory Committee revised Federal Rule of Civil Procedure 23 in 1966,[1] multiparty dispute resolution has become one of the world’s most expensive cat-and-mouse games.  In an ever-changing aggregative landscape, both plaintiffs and defendants have aimed to establish a favorable legislative […]

View PDF Note Strengthening State Constitutions Jared C. Huber* The “issue of whether pregnant pigs should be singled out for special protection is simply not a subject appropriate for inclusion in our State constitution; rather it is a subject more properly reserved for legislative enactment.”[1]  So said Justice Pariente when evaluating ballot eligibility for a […]

View PDF Essay Diverse Originalism, History & Tradition Christina Mulligan* The Supreme Court’s New York State Rifle & Pistol Ass’n v. Bruen decision appears to be an originalist opinion, ostensibly looking for the meaning of the Constitution’s text by looking to the public’s understanding of the language used.  But Bruen’s test actually fails to follow […]

View PDF Article The General-Law Right to Bear Arms William Baude* & Robert Leider** INTRODUCTION New York State Rifle & Pistol Ass’n v. Bruen[1] marked an important methodological return to original legal principles.  The legal issues in the case were whether the right to bear arms included the general right to carry handguns outside the […]

View PDF Article Bruen’s Enforcement Puzzle: Unearthing and Adjudicating the Historical Enforcement Record in Second Amendment Cases Andrew Willinger* The Supreme Court’s 2022 decision in New York State Rifle & Pistol Ass’n v. Bruen brings historical complexity to the fore by instituting a history-focused test for the Second Amendment that demands analogues from the Founding […]

View PDF Article Technology, Tradition, and “The Terror of the People” Darrell A.H. Miller,* Alexandra Filindra,** & Noah Kaplan*** In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court mandated a text, history, tradition, and analogy–only approach to Second Amendment cases. No longer can policymakers rely on empirical data alone to carry […]

View PDF Article Patent Law’s Role in Protecting Public Health Sean B. Seymore* Innumerable inventions implicate public health—including drugs, vaccines, dietary supplements, and sewage treatment plants.  Over the past century, the Patent Office and the courts have modulated the ability to obtain or enforce patents for these inventions—whether in response to a public health crisis […]

View PDF Article The Incoherence of Evidence Law G. Alexander Nunn* What is the purpose of evidence law?  The answer might seem intuitive.  Evidence law exists, of course, to foster verdict accuracy, legitimacy, and efficiency.  But these kindred aims often come into conflict.  Policy tradeoffs are inescapable in evidence law, meaning that an evidentiary regime […]

Youngjae Lee, 99 Notre Dame L. Rev. Reflection 191 (2024)

Micah Allred, 99 Notre Dame L. Rev. Reflection 151 (2024)