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Duke Law

2001

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Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress Oct 2001

Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress

Law and Contemporary Problems

This article briefly describes the normative/nonnormative distinction, and how one might invoke this distinction to locate a nonnormative dimension of actual causation. After briefly introducing Richard Wright's concept of a necessary element in a set of conditions for an effect, the article notes ambiguities in the critical concepts of necessity and sufficiency that he deploys. The article suggests the most plausible interpretation of Wright's use of different modal concepts.


Why Talking About “States’ Rights” Cannot Avoid The Need For Normative Federalism Analysis: A Response To Professors Baker And Young, Ann Althouse Oct 2001

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 Oct 2001

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.


Rationalism And Empiricism In Modern Medicine, Warren Newton Oct 2001

Rationalism And Empiricism In Modern Medicine, Warren Newton

Law and Contemporary Problems

The roots of rationalism and empiricism in the Hippocratic tradition are explored. The triumph of the rationalists in the founding of modern medicine is emphasized. The development of clinical epidemiology and the evidence-based medicine over the last 30 years is described. The tension illuminates fundamental clinical and policy questions that doctors, the health care system, and the legal system confront today.


The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne Oct 2001

The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne

Duke Law Journal

No abstract provided.


Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington Oct 2001

Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington

Duke Law Journal

No abstract provided.


Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson Oct 2001

Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson

Duke Law Journal

No abstract provided.


Journal Staff Oct 2001

Journal Staff

Duke Law Journal

No abstract provided.


The Relation Between Counterfactual (“But For”) And Causal Reasoning: Experimental Findings And Implications For Jurors’ Decisions, Barbara A. Spellman, Alexandra Kincannon Oct 2001

The Relation Between Counterfactual (“But For”) And Causal Reasoning: Experimental Findings And Implications For Jurors’ Decisions, Barbara A. Spellman, Alexandra Kincannon

Law and Contemporary Problems

No abstract provided.


Stand Or Deliver: Citizen Suits, Standing, And Environmental Protection, Jonathan H. Adler Oct 2001

Stand Or Deliver: Citizen Suits, Standing, And Environmental Protection, Jonathan H. Adler

Duke Environmental Law & Policy Forum

No abstract provided.


Laidlaw: Redressing The Law Of Redressability, Harold J. Krent Oct 2001

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

Duke Environmental Law & Policy Forum

No abstract provided.


Friends Of The Earth, Foes Of Federalism, Michael S. Greve Oct 2001

Friends Of The Earth, Foes Of Federalism, Michael S. Greve

Duke Environmental Law & Policy Forum

No abstract provided.


The New Deal Constitution In Exile, William E. Forbath Oct 2001

The New Deal Constitution In Exile, William E. Forbath

Duke Law Journal

No abstract provided.


The Facts About Unwritten Constitutionalism: A Response To Professor Rubenfeld, Adrian Vermeule Oct 2001

The Facts About Unwritten Constitutionalism: A Response To Professor Rubenfeld, Adrian Vermeule

Duke Law Journal

No abstract provided.


Foreword: Perspectives, Alejandro Posadas Oct 2001

Foreword: Perspectives, Alejandro Posadas

Duke Journal of Comparative & International Law

No abstract provided.


Conflict Prevention, Management, And Resolution: Africa — Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt Oct 2001

Conflict Prevention, Management, And Resolution: Africa — Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt

Duke Journal of Comparative & International Law

No abstract provided.


Introduction Power, Obligation, And Customary International Law, Michael Byers Oct 2001

Introduction Power, Obligation, And Customary International Law, Michael Byers

Duke Journal of Comparative & International Law

No abstract provided.


Custom At The Heart Of International Law, Brigitte Stern Oct 2001

Custom At The Heart Of International Law, Brigitte Stern

Duke Journal of Comparative & International Law

No abstract provided.


Countering Hate Messages That Lead To Violence: The United Nations’S Chapter Vii Authority To Use Radio Jamming To Halt Incendiary Broadcasts, Alexander C. Dale Oct 2001

Countering Hate Messages That Lead To Violence: The United Nations’S Chapter Vii Authority To Use Radio Jamming To Halt Incendiary Broadcasts, Alexander C. Dale

Duke Journal of Comparative & International Law

No abstract provided.


A Normative Model For The Integration Of Customary International Law Into United States Law, Daniel H. Joyner Oct 2001

A Normative Model For The Integration Of Customary International Law Into United States Law, Daniel H. Joyner

Duke Journal of Comparative & International Law

No abstract provided.


Journal Staff Oct 2001

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.


Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley Oct 2001

Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley

Law and Contemporary Problems

This article presents empirical evidence of the ways people compare judgments of liability with judgments of causation and contribution. Specifically, the article reports the results of experiments designed to show whether people regard causation and enablement as necessary elements of liability.


The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti Sep 2001

The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti

Duke Law & Technology Review

Starting on October 1, 2001, .BIZ will become active as the Internet's newest top-level domain; its space reserved solely for businesses engaging in "bona fide" commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system.


Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch Sep 2001

Hard Lessons: Guiding America’S Approach To Third Generation Wireless Policy, Aaron Futch

Duke Law & Technology Review

The publicity over license auctions in Europe during 2000 created an atmosphere in which the prices that companies paid for third-generation wireless licenses received more attention than their actual plans to implement the technology. As American policymakers and corporate boardrooms consider the future of this technology here in America, it is vital that we develop a coherent and well-designed allocation process and then quickly move on to meatier problems.


Are Domain Names Property? The Sex.Com Controversy, Christine Soares Sep 2001

Are Domain Names Property? The Sex.Com Controversy, Christine Soares

Duke Law & Technology Review

Do domain names constitute tangible property? Since domain names may be purchased or transferred, the answer at first glance would appear to be "yes". Congress has also dictated that domain names corresponding closely to existing trademarks may be considered tangible property under certain circumstances. However, a recent case involving the lurid and lucrative domain name "sex.com" has determined otherwise. This iBrief examines the impact of characterizing domain names as tangible or intangible property on the causes of action available for domain name litigation.


The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares Aug 2001

The Music Online Competition Act Of 2001: Moderate Change Or Radical Reform?, Alexander Davie, Christine Soares

Duke Law & Technology Review

On August 3, 2001 legislation was proposed to facilitate online broadcasting and distribution of music. The proposed Music Online Competition Act (MOCA) seeks to streamline the distribution of music over the Internet, increase competition, and avoid the monopolization of the online music industry by the record companies. This iBrief discusses several changes that MOCA would implement in the law and the reaction of the recording industry to these proposed changes.


U.S. Export Controls On Technology Transfers, Matthew Crane Aug 2001

U.S. Export Controls On Technology Transfers, Matthew Crane

Duke Law & Technology Review

Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies.


Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson Aug 2001

Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson

Duke Law & Technology Review

To what extent does Sony's time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR manufacturers against the backdrop of traditional fair use doctrines.


Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet Aug 2001

Carnivore: Will It Devour Your Privacy?, Joseph Goodman, Angela Murphy, Morgan Streetman, Mark Sweet

Duke Law & Technology Review

Perhaps you have written an e-mail that looks something like this:


A Reconsideration Of The Physicians’ Immunity Statute, Steve Dirksen Aug 2001

A Reconsideration Of The Physicians’ Immunity Statute, Steve Dirksen

Duke Law & Technology Review

The author assesses the "physicians' immunity statute" from legal policy, ethical, and financial perspectives, and concludes that alternatives such as licensure and monetary incentives would better serve the goal of encouraging invention more effectively by rewarding it.