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Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson Dec 1997

Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson

Duke Law Journal

No abstract provided.


The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz Dec 1997

The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz

Duke Law Journal

For years, scholars have questioned the efficiency of secured debt, many suggesting that it transfers uncompensated risk to unsecured creditors. However, prior writing on the value of secured debt ignores the distinction between the use and the availability of secured credit. As a result, previous models of secured debt erroneously assume that a debtor that can borrow on an unsecured basis will nevertheless borrow on a secured basis to reduce interest cost. This Article combines theory, experience, and empirical tests to show that earlier models do not reflect the expected behavior of an economically rational debtor. These models fail to …


Journal Staff Dec 1997

Journal Staff

Duke Law Journal

No abstract provided.


Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld Dec 1997

Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld

Duke Law Journal

No abstract provided.


Journal Staff Nov 1997

Journal Staff

Duke Law Journal

No abstract provided.


Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker Nov 1997

Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker

Duke Law Journal

No abstract provided.


The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport Nov 1997

The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport

Duke Law Journal

No abstract provided.


Proposition 209, Girardeau A. Spann Nov 1997

Proposition 209, Girardeau A. Spann

Duke Law Journal

No abstract provided.


California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin Nov 1997

California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin

Duke Law Journal

No abstract provided.


Journal Staff Oct 1997

Journal Staff

Duke Law Journal

No abstract provided.


A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle Oct 1997

A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle

Duke Law Journal

This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.


Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle Oct 1997

Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle

Duke Law Journal

Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences. The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …


The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe Oct 1997

The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe

Duke Law Journal

I don't like prisoners. Nobody pretends to like them, but every once in a while, one of these people is right. And a society is judged by how it treats the least among it, not the best. I'm not worried about how presidents of banks and chairmen of the board and of country clubs are treated, or star quarterbacks, or other prima donnas. The job of the Constitution is to make sure that everyone is treated properly. [Prisoners] fall[] into the everybody category.


The Role Of The Attorney In Protecting (And Impairing) Shareholder Interests: Incentives And Disincentives To Maximize Corporate Wealth, Jeffrey Michael Smith Oct 1997

The Role Of The Attorney In Protecting (And Impairing) Shareholder Interests: Incentives And Disincentives To Maximize Corporate Wealth, Jeffrey Michael Smith

Duke Law Journal

No abstract provided.


Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese Apr 1997

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

Duke Law Journal

Negotiated rulemaking appears by most accounts to have come of age. A procedure that once seemed confined to discussion among administrative law scholars has in the past decade captured the attention of policymakers throughout the nation's capital. Congress officially endorsed regulatory negotiation in the Negotiated Rulemaking Act of 1990, and it permanently reauthorized the Act in 1996. Over the past few years, the executive branch has visibly supported regulatory negotiation, both through the Clinton administration's National Performance Review (NPR) and through specific presidential directives to agency heads. Congress has also begun to mandate the use of negotiated rulemaking by certain …


China, Emerging Economies, And The World Trade Center, Jeremy Brooks Rosen Apr 1997

China, Emerging Economies, And The World Trade Center, Jeremy Brooks Rosen

Duke Law Journal

No abstract provided.


“Did I Miss Anything?”: Excising The National Security Council From Foia Coverage, R. Kevin Bailey Apr 1997

“Did I Miss Anything?”: Excising The National Security Council From Foia Coverage, R. Kevin Bailey

Duke Law Journal

No abstract provided.


Bargaining Toward The New Millennium: Regulatory Negotiation And The Subversion Of The Public Interest, William Funk Apr 1997

Bargaining Toward The New Millennium: Regulatory Negotiation And The Subversion Of The Public Interest, William Funk

Duke Law Journal

No abstract provided.


Regulatory Negotiations And Other Rulemaking Processes: Strengths And Weaknesses From An Industry Viewpoint, Ellen Siegler Apr 1997

Regulatory Negotiations And Other Rulemaking Processes: Strengths And Weaknesses From An Industry Viewpoint, Ellen Siegler

Duke Law Journal

No abstract provided.


Adr And The Courts: An Update, Patricia M. Wald Apr 1997

Adr And The Courts: An Update, Patricia M. Wald

Duke Law Journal

No abstract provided.


Fear Of Commitment: An Affliction Of Adolescents, Philip J. Harter Apr 1997

Fear Of Commitment: An Affliction Of Adolescents, Philip J. Harter

Duke Law Journal

No abstract provided.


Journal Staff Apr 1997

Journal Staff

Duke Law Journal

No abstract provided.


The “Original Intent” Of U.S. International Taxation, Michael J. Graetz, Michael M. O'Hear Mar 1997

The “Original Intent” Of U.S. International Taxation, Michael J. Graetz, Michael M. O'Hear

Duke Law Journal

No abstract provided.


Upholding The Public Trust In State Constitutions, Matthew Thor Kirsch Mar 1997

Upholding The Public Trust In State Constitutions, Matthew Thor Kirsch

Duke Law Journal

No abstract provided.


The Constitutionality Of Teaching And Performing Sacred Choral Music In Public Schools, Faith D. Kasparian Mar 1997

The Constitutionality Of Teaching And Performing Sacred Choral Music In Public Schools, Faith D. Kasparian

Duke Law Journal

No abstract provided.


Journal Staff Mar 1997

Journal Staff

Duke Law Journal

No abstract provided.


Golden Rules For Transboundary Pollution, Thomas W. Merrill Mar 1997

Golden Rules For Transboundary Pollution, Thomas W. Merrill

Duke Law Journal

No abstract provided.


The “Colonization” Of East Germany?: A Comparative Analysis Of German Privatization, Heather M. Stack Mar 1997

The “Colonization” Of East Germany?: A Comparative Analysis Of German Privatization, Heather M. Stack

Duke Law Journal

No abstract provided.


Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald Feb 1997

Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald

Duke Law Journal

No abstract provided.


Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister Feb 1997

Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister

Duke Law Journal

No abstract provided.