Notre Dame Law Review

Lloyd Hitoshi Mayer, 98 Notre Dame L. Rev. Reflection (Special Issue) S1 (2023)

Thomas C. Berg, 98 Notre Dame L. Rev. Reflection (Special Issue) S20 (2023)

Michael P. Moreland, 98 Notre Dame L. Rev. Reflection (Special Issue) S35 (2023)

Michael A. Helfand, 98 Notre Dame L. Rev. Reflection (Special Issue) S50 (2023)

Lucia A. Silecchia, 98 Notre Dame L. Rev. Reflection (Special Issue) S68 (2023)

Asma T. Uddin, 98 Notre Dame L. Rev. Reflection (Special Issue) S89 (2023)

Marc O. DeGirolami, 98 Notre Dame L. Rev. Reflection (Special Issue) S108 (2023)

View PDF KEYNOTE ADDRESS REMARKS AT NOTRE DAME LAW SCHOOL Brett M. Kavanaugh* During the Notre Dame Law Review’s 2023 Federal Courts Symposium, students and faculty gathered in the McCartan Courtroom in Eck Hall for a conversation with Justice Kavanaugh.  Dean G. Marcus Cole moderated and fielded questions from attendees.  Highlights from the event, adapted for print, are […]

View PDF SYMPOSIUM THE APA AS A SUPER-STATUTE:DEEP COMPROMISE AND JUDICIAL REVIEW OF NOTICE-AND-COMMENT RULEMAKING William N. Eskridge Jr.* & John Ferejohn** The Administrative Procedure Act of 1946 (APA) is a “super-statute,” creating a robust, enduring governance structure for the modern regulatory state.  An emerging literature on “APA originalism” maintains that some of the judge-created rules […]

View PDF SYMPOSIUM INTERPRETING THE ADMINISTRATIVE PROCEDURE ACT:A LITERATURE REVIEW Christopher J. Walker* & Scott T. MacGuidwin** The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946.  Yet Congress has done little to modernize the APA in those intervening seventy-seven years.  That does not mean the APA has remained unchanged.  Federal […]

View PDF SYMPOSIUM VACATUR, NATIONWIDE INJUNCTIONS, AND THE EVOLVING APA Ronald M. Levin* The courts’ growing use of universal or nationwide injunctions to invalidate agency rules that they find to be unlawful has given rise to concern that such injunctions circumvent dialogue among the circuits, promote forum shopping, and leave too much power in the […]

View PDF SYMPOSIUM TEXTUALISM AND THE ADMINISTRATIVE PROCEDURE ACT Kristin E. Hickman* & Mark R. Thomson** Introduction Justice Kagan famously said that “we’re all textualists now.”1  She exaggerated, of course, but not by much.  As she and others have recognized, the Supreme Court today approaches statutory interpretation differently than it did forty or fifty years ago, with […]

View PDF SYMPOSIUM MAKING SENSE OF ABSENCE:INTERPRETING THE APA’S FAILURE TO PROVIDE FOR COURT REVIEW OF PRESIDENTIAL ADMINISTRATION Noah A. Rosenblum* Federal governance is increasingly characterized by presidential direction of administration.  Yet the main statute that governs court review of administrative action, the Administrative Procedure Act, has strikingly little to say about the President. This Essay […]

View PDF SYMPOSIUM MOVEMENT ADMINISTRATIVE PROCEDURE Evan D. Bernick* Introduction On April 4, 1946, The Potters Herald, a Thursday weekly dedicated to labor and union news, published an editorial warning readers of pending legislation “which may seriously affect labor” despite not containing a “single word about labor” in its text.1  This legislation would empower “anti-labor judges” to […]

View PDF SYMPOSIUM THE ADMINISTRATIVE PROCEDURE ACT: FAILURES, SUCCESSES, AND DANGER AHEAD Emily S. Bremer* Introduction The Administrative Procedure Act (APA) is a profoundly important statute.  Enacted in 1946 and rarely amended since that time, it provides the statutory backbone for the field of administrative law.1  Imbued with quasi-constitutional character, the APA has been recognized as a […]

View PDF SYMPOSIUM THE PATH OF ADMINISTRATIVE LAW REMEDIES Aditya Bamzai* The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed to setting aside the rule solely as to the plaintiffs—is a significant and contested one.  This Essay traces the history of the […]

View PDF SYMPOSIUM A LACK OF UNIFORMITY, COMPOUNDED, IN IMMIGRATION LAW Jill E. Family* The Administrative Procedure Act (APA) is known for bringing standardization to federal agency behavior.  The APA’s framework for adjudication, however, is lax and incomplete.  It provides standards, but only meaningfully for formal adjudication, and Congress rarely requires agencies to follow the APA’s formal […]

View PDF SYMPOSIUM LIBERALISM AND ORTHODOXY:A SEARCH FOR MUTUAL APPREHENSION Brandon Paradise* & Fr. Sergey Trostyanskiy** Introduction This Article seeks to evaluate and contextualize recently intensifying Christian critiques of liberalism’s intellectual and moral claims.  Much of this recent critique has been from Catholic and Protestant quarters.1  Christianity’s third major branch—Orthodox Christianity—has not played a prominent role in […]

View PDF SYMPOSIUM CATHOLIC LIBERALISM AND THE LIBERAL TRADITION Kathleen A. Brady* Introduction Criticisms of liberalism are nothing new.  All political traditions have their detractors, and as in the past, today’s critics of liberalism include those on the left and right as well as religious believers and those without religious affiliations.1  However, in very recent years, far-reaching […]

View PDF SYMPOSIUM CHRISTIANS AND/AS LIBERALS? Steven D. Smith* Introduction Christianity and liberalism were made to fit each other, like hand and glove.  According to some interpretations, anyway.  Liberal constitutionalism, with its commitments to freedom and equal human dignity, is the political system that reflects and embodies Christian commitments;1 and the constitutional legal order that accompanies liberalism,2 centrally including […]