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Articles 31 - 60 of 198
Full-Text Articles in Entire DC Network
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin
Law and Contemporary Problems
Sporkin discusses how the private sector has often had to fend for itself when it comes to deterring corporate misconduct.
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson
Law and Contemporary Problems
Johnson suggests that institutions are uniquely positioned to enhance the deterrence function of securities litigation without undermining the compensation goal.
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 …
Organizational Incentives To Care About The Law, Deborah A. Demott
Organizational Incentives To Care About The Law, Deborah A. Demott
Law and Contemporary Problems
DeMott discusses the fit between agency doctrine and the ability of organizations to obey or disregard the law. The opinion in "In re Caremark International Inc. Derivative Litigation" is central to DeMott's analysis.
Commentary, Sheldon H. Elsen
Commentary, Sheldon H. Elsen
Law and Contemporary Problems
Elsen comments on articles by Deborah DeMott and James Cox. He agrees with them that the rules governing conduct are often different from the rules written in compliance programs and as part of codes of conduct.
The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall
Law and Contemporary Problems
Gall uses Rodney A. Smolla's article "Academic Freedom, Hate Speech, and the Idea of a University" as a basis for his discussion of hostile environments for free speech among colleges and universities.
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.
Risk In The Republic, Jonathan Baert Wiener
Risk In The Republic, Jonathan Baert Wiener
Duke Environmental Law & Policy Forum
No abstract provided.
Comparative Risk: What Makes A Successful Project, Debra Gutenson
Comparative Risk: What Makes A Successful Project, Debra Gutenson
Duke Environmental Law & Policy Forum
No abstract provided.
Comparative Risk Analysis: An Informal Survey Of Experts, James Hammitt
Comparative Risk Analysis: An Informal Survey Of Experts, James Hammitt
Duke Environmental Law & Policy Forum
No abstract provided.
Subtle Vices Behind Environmental Values, Frank Cross
Subtle Vices Behind Environmental Values, Frank Cross
Duke Environmental Law & Policy Forum
No abstract provided.
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.
Can Comparative Risk Be Used To Develop Better Environmental Decisions?, Ken Jones
Can Comparative Risk Be Used To Develop Better Environmental Decisions?, Ken Jones
Duke Environmental Law & Policy Forum
No abstract provided.
Foreword, Scott L. Silliman
Foreword, Scott L. Silliman
Duke Journal of Comparative & International Law
No abstract provided.
Policy Considerations In Using Nuclear Weapons, Charles A. Horner
Policy Considerations In Using Nuclear Weapons, Charles A. Horner
Duke Journal of Comparative & International Law
No abstract provided.
Policy Considerations In Using Nuclear Weapons, Stephen J. Hadley
Policy Considerations In Using Nuclear Weapons, Stephen J. Hadley
Duke Journal of Comparative & International Law
No abstract provided.
Tax Avoidance By Citizens Of The Russian Federation: Will The Draft Tax Code Provide A Solution?, Jennifer L. Franklin
Tax Avoidance By Citizens Of The Russian Federation: Will The Draft Tax Code Provide A Solution?, Jennifer L. Franklin
Duke Journal of Comparative & International Law
No abstract provided.
Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James
Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James
Duke Journal of Comparative & International Law
No abstract provided.
Before The Morning After, Graham T. Allison
Before The Morning After, Graham T. Allison
Duke Journal of Comparative & International Law
No abstract provided.
Nuclear Weapons Free Zones: Time For A Fresh Look, Mark E. Rosen
Nuclear Weapons Free Zones: Time For A Fresh Look, Mark E. Rosen
Duke Journal of Comparative & International Law
No abstract provided.
Foreword, James D. Cox
Preempting Unintended Consequences, A. A. Sommer Jr.
Preempting Unintended Consequences, A. A. Sommer Jr.
Law and Contemporary Problems
Sommer offers some insights on preemption. The case for preemption is that there is an inherent logic and consistency in having litigation involving nationally traded securities resolved in a single forum.
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Enforcement Policy And Corporate Misconduct: The Changing Perspective Of Deterrence Theory, John T. Scholz
Law and Contemporary Problems
Scholz offers a comment on Stephen Calkins' article entitled "Corporate Compliance and the Antitrust Agencies' Bi-Modal Penalties." Scholz discusses deterrence theory and how the perspective on it changes.
Comment On Lynch, Michael B. Mukasey
Comment On Lynch, Michael B. Mukasey
Law and Contemporary Problems
Mukasey offers a comment on Gerard E. Lynch's article concerning the role of criminal law in policing corporate misconduct.
Comment On Lynch, Kenneth J. Bialkin
Comment On Lynch, Kenneth J. Bialkin
Law and Contemporary Problems
Bialkin offers a comment on Gerard E. Lynch's article on the role of criminal law in policing corporate misconduct.
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Damages, Deterrence, And Antitrust—A Comment On Cooter, A. Douglas Melamed
Law and Contemporary Problems
Melamed offers a comment on Robert D. Cooter's article on punitive damages. Melamed relates the concept of antitrust to Cooter's valuable insights.
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
The Role Of State Law In An Era Of Federal Preemption: Lessons From Environmental Regulation, John P. Dwyer
Law and Contemporary Problems
Using environmental regulation as an example, Dwyer discusses the role of state law in an era ruled by federal preemption. The present hybrid system of national standards and state implementation and enforcement may be a reasonable accomodation of both state and national interests.