Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (11)
- Analysis (9)
- Interpretation and construction (9)
- Federalism (8)
- Government regulation of business (5)
-
- Constitutional history (4)
- Executive power (4)
- History (4)
- Legislative power (4)
- Management (4)
- Political aspects (4)
- Supplemental jurisdiction (4)
- Internet (3)
- Administrative procedure (2)
- Appointments (2)
- Arbitration (Administrative law) (2)
- Beliefs (2)
- Civil rights (2)
- Contracts (2)
- Discovery (Law) (2)
- Due process of law (2)
- Ethical aspects (2)
- Intellectual property (2)
- Judge-made law (2)
- Judicial review (2)
- Jurisprudence (2)
- Mediation and arbitration (2)
- Negotiation (2)
- Online services (2)
- Opinions and attitudes (2)
Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
Bargaining In The Shadow Of Administrative Procedure: The Public Interest In Rulemaking Settlement, Jim Rossi
Bargaining In The Shadow Of Administrative Procedure: The Public Interest In Rulemaking Settlement, Jim Rossi
Duke Law Journal
No abstract provided.
The Venture Capital Solution To The Problem Of Close Corporation Shareholder Fiduciary Duties, Shannon Wells Stevenson
The Venture Capital Solution To The Problem Of Close Corporation Shareholder Fiduciary Duties, Shannon Wells Stevenson
Duke Law Journal
No abstract provided.
Presidential Review As Constitutional Restoration, John O. Mcginnis
Presidential Review As Constitutional Restoration, John O. Mcginnis
Duke Law Journal
No abstract provided.
Regulatory Review By The Executive Office Of The President: An Overview And Policy Analysis Of Current Issues, James F. Blumstein
Regulatory Review By The Executive Office Of The President: An Overview And Policy Analysis Of Current Issues, James F. Blumstein
Duke Law Journal
No abstract provided.
The Psychology Of Accountability And Political Review Of Agency Rules, Mark Seidenfeld
The Psychology Of Accountability And Political Review Of Agency Rules, Mark Seidenfeld
Duke Law Journal
No abstract provided.
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Presidential Management Of The Administrative State: The Not-So-Unitary Executive, Robert V. Percival
Duke Law Journal
No abstract provided.
Manufacturing Convictions: Why Defendants Are Entitled To The Data Underlying Forensic Dna Kits, Jennifer N. Mellon
Manufacturing Convictions: Why Defendants Are Entitled To The Data Underlying Forensic Dna Kits, Jennifer N. Mellon
Duke Law Journal
No abstract provided.
Kroger Redux, John B. Oakley
Fiat Lux, John B. Oakley
Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs
Quieting The Virtual Prison Riot: Why The Internet’S Spirit Of “Sharing” Must Be Broken, Albert Z. Kovacs
Duke Law Journal
No abstract provided.
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
Duke Law Journal
No abstract provided.
The Future Of Domain Name Dispute Resolution: Crafting Practical International Legal Solutions From Within The Udrp Framework, Lisa M. Sharrock
The Future Of Domain Name Dispute Resolution: Crafting Practical International Legal Solutions From Within The Udrp Framework, Lisa M. Sharrock
Duke Law Journal
No abstract provided.
Electronic Discovery And The Litigation Matrix, Martin H. Redish
Electronic Discovery And The Litigation Matrix, Martin H. Redish
Duke Law Journal
The impact of the technological revolution on the operation of the discovery system in the federal courts has been dramatic. The enormous increase in storage capacity and communication that the use of computers in the corporate world has brought about has correspondingly increased both the burdens and stakes of the discovery process. This Article considers the extent to which these dramatic practical changes have created a need to develop a legal framework especially for the discovery of electronically stored information. Because the burdens of electronic discovery are likely to be substantially more severe than those involved in traditional discovery, the …
§ 1367 Producamus, Edward A. Hartnett
Would The Kroger Rule Survive The Ali’S Proposed Revision Of § 1367?, Edward A. Hartnett
Would The Kroger Rule Survive The Ali’S Proposed Revision Of § 1367?, Edward A. Hartnett
Duke Law Journal
Supplemental jurisdiction has been a treacherous area over the past decade. Previously, supplemental jurisdiction-then generally called pendent or ancillary jurisdiction-had been left nearly entirely to judicial development, but in 1989 the Supreme Court criticized several of its own prior cases for failing to make a "specific examina- tion of jurisdictional statutes" to determine whether Congress had authorized the exercise of jurisdiction.' Although the Court stated that it had "no intent to limit or impair" these already established cases, it declared that it would not extend them. It acknowledged that "the scope of jurisdiction conferred by a particular statute can of …
Keeping Mud Off The Bench: The First Amendment And Regulation Of Candidates’ False Or Misleading Statements In Judicial Elections, Adam R. Long
Duke Law Journal
No abstract provided.
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Statistics, Not Experts, William Meadow, Cass R. Sunstein
Duke Law Journal
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins
Duke Law Journal
No abstract provided.
The Legal Subject In Exile, Kathryn Abrams
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder
Duke Law Journal
No abstract provided.
A Localist Critique Of The New Federalism, David J. Barron
A Localist Critique Of The New Federalism, David J. Barron
Duke Law Journal
No abstract provided.
Circles Of Exile: A Response To Professor Forbath, Garrett Epps
Circles Of Exile: A Response To Professor Forbath, Garrett Epps
Duke Law Journal
No abstract provided.
Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv
Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv
Duke Law Journal
No abstract provided.
The New Unwritten Constitution, Jed Rubenfeld
The Facts About Unwritten Constitutionalism: A Response To Professor Rubenfeld, Adrian Vermeule
The Facts About Unwritten Constitutionalism: A Response To Professor Rubenfeld, Adrian Vermeule
Duke Law Journal
No abstract provided.
Why Talking About “States’ Rights” Cannot Avoid The Need For Normative Federalism Analysis: A Response To Professors Baker And Young, Ann Althouse
Duke Law Journal
No abstract provided.
Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young
Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young
Duke Law Journal
From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine2—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat3—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-à-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate constitution—e.g., economic substantive due process, legislative nondelegation— which were banished for their collusion against the New Deal.
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
Duke Law Journal
No abstract provided.