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Articles 61 - 90 of 303
Full-Text Articles in Entire DC Network
Causation And The Law: Preemption, Lawful Sufficiency, And Causal Sufficiency, Richard Fumerton, Ken Kress
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
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.
Rationalism And Empiricism In Modern Medicine, Warren Newton
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
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
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
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
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
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
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
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
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
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
The Facts About Unwritten Constitutionalism: A Response To Professor Rubenfeld, Adrian Vermeule
Duke Law Journal
No abstract provided.
Foreword: Perspectives, Alejandro Posadas
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
Duke Journal of Comparative & International Law
No abstract provided.
Introduction Power, Obligation, And Customary International Law, Michael Byers
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
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
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
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.
Causation, Contribution, And Legal Liability: An Empirical Study, Lawrence M. Solan, John M. Darley
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
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
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
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
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
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
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
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
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.