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Articles 1 - 30 of 34
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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
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
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 …
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
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.
Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker
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
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
California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin
California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin
Duke Law Journal
No abstract provided.
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
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
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
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
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
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
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
“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
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
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
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
Fear Of Commitment: An Affliction Of Adolescents, Philip J. Harter
Duke Law Journal
No abstract provided.
The “Original Intent” Of U.S. International Taxation, Michael J. Graetz, Michael M. O'Hear
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
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
The Constitutionality Of Teaching And Performing Sacred Choral Music In Public Schools, Faith D. Kasparian
Duke Law Journal
No abstract provided.
Golden Rules For Transboundary Pollution, Thomas W. Merrill
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
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
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Duke Law Journal
No abstract provided.
Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister
Is This Appropriate?, Thomas L. Shaffer, Julia B. Meister
Duke Law Journal
No abstract provided.