Digital Commons Network^™

Presidential Responses To Protest: Lessons Jefferson Davis Never Learned, Ashlee Paxton-Turner

Faculty Scholarship

No abstract provided.

Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman

Faculty Scholarship

No abstract provided.

Theft! A History Of Music, Keith Aoki, James Boyle, Jennifer Jenkins

Faculty Scholarship

No abstract provided.

Feminism And Economic Inequality, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Aggregating Moral Preferences, Matthew D. Adler

Faculty Scholarship

Preference-aggregation problems arise in various contexts. One such context, little explored by social choice theorists, is metaethical. “Ideal-advisor” accounts, which have played a major role in metaethics, propose that moral facts are constituted by the idealized preferences of a community of advisors. Such accounts give rise to a preference-aggregation problem: namely, aggregating the advisors’ moral preferences. Do we have reason to believe that the advisors, albeit idealized, can still diverge in their rankings of a given set of alternatives? If so, what are the moral facts (in particular, the comparative moral goodness of the alternatives) when the advisors do diverge? …

Digitizing And Preserving Law School Recordings: A Duke Law Case Study, Hollie White, Miguel Bordo, Sean Chen

Faculty Scholarship

Written as a case study, this article outlines Duke Law School Information Services’ video digitization, preservation, and access initiative. Since the 1990s Duke Law School’s Media Department has been recording law school events, guest speakers, and creating promotional productions for news and information resulting in over 1000 recordings in various video formats. This article begins with a discussion of the case study environment and the collaborative, cross-departmental evaluation of in-house video asset production and processing workflows involving the Communications, Academic Technologies, and Library Departments. Believing that digital preservation is often best described as a set of practices and institutions that …

Triadic Legal Pluralism In North Sinai: A Case Study Of State, Shari'a, And 'Urf Courts In Conflict And Cooperation, Mara R. Revkin

Faculty Scholarship

To the extent that legal scholars have addressed the post-authoritarian transitions underway in the Middle East, the scope of their work has been primarily confined to the formal infra-structure of state-manufactured law. Attention has focused on the activities of high courts, parliaments, and the administrative apparatus of official justice systems, while largely neglecting to acknowledge the importance of non-state institutions and systems of normative rules that operate in the shadow of modern bureaucratic governments. The concept of legal pluralism, defined as the coexistence of multiple legal or normative orders within a common geographical area, has been applied extensively in European, …

Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang

Faculty Scholarship

Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …

The National Security State: The End Of Separation Of Powers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Gun Rights Talk, Joseph Blocher

Faculty Scholarship

No abstract provided.

Right-Skilling: Rabbis And The Rabbinic Role For A New Century, Barak D. Richman, Daniel Libenson

Faculty Scholarship

This chapter applies Clayton Christensen's model of organizational innovation to Jewish contexts. It observes a parallel between the many challenges that currently confront U.S. healthcare and American Jewry: a mismatch in the skills acquired by professionals and the needs expressed by the broader public; expensive institutions with high fixed costs that are struggling to provide value and maintain sustainable revenues; a failure to respect individual autonomy and cultural mores; and a disenfranchised public that suffers from high costs and unmet demand for meaningful services. It then applies Christensen's adapted model for the healthcare sector to American Jewish institutions, suggesting reforms …

Full Faith And Credit In The Early Congress, Stephen E. Sachs

Faculty Scholarship

After more than 200 years, the Full Faith and Credit Clause remains poorly understood. The Clause first issues a self-executing command (that "Full Faith and Credit shall be given"), and then empowers Congress to prescribe the manner of proof and the "Effect" of state records in other states. But if states must accord each other full faith and credit-and if nothing could be more than full-then what "Effect" could Congress give state records that they wouldn't have already? And conversely, how could Congress in any way reduce or alter the faith and credit that is due?

This Article seeks to …

A Jag In La La Land, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Book Review, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …

Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Haymarket: Whose Name The Few Still Say With Tears, A Dramatization In Eleven Scenes, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Search For An Author: Shakespeare And The Framers, James Boyle

Faculty Scholarship

No abstract provided.

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.

In Re “William Shakespeare”, James Boyle

Faculty Scholarship

No abstract provided.

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Personal And Institutional Rights In Community, George C. Christie

Faculty Scholarship

This article is primarily concerned with the concept of justice in the relationship between the individual and his church and between the individual and private educational institutions, particularly church affiliated educational institutions.

Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie

Faculty Scholarship

No abstract provided.