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Faculty Scholarship

Duke Law

2003

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Articles 31 - 60 of 86

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Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks Jan 2003

Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks

Faculty Scholarship

No abstract provided.


Prophets, Priests And Pragmatists, Christopher H. Schroeder Jan 2003

Prophets, Priests And Pragmatists, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley Jan 2003

International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels Jan 2003

Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels

Faculty Scholarship

No abstract provided.


Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor Jan 2003

Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor

Faculty Scholarship

Although many studies have used information at the school level to measure the degree of racial segregation between schools, the absence of more detailed data has limited the analysis of segregation within schools. Using a rich set of administrative data on North Carolina public schools, we examine patterns of enrollment both across and within schools, allowing us to assess the comparative importance of segregation of each type and how they interact. To examine patterns in upper as well as lower grades, we perform separate tabulations for 1st, 4th, 7th, and 10th grades. The data make possible what we believe to …


Tenure, Mitu Gulati, Devon W. Carbado Jan 2003

Tenure, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

No abstract provided.


Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky Jan 2003

Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky Jan 2003

Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Separate And Unequal: American Public Education Today, Erwin Chemerinsky Jan 2003

Separate And Unequal: American Public Education Today, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Inside The Jury Room - Evaluating Juror Discussions During Trial, Neil Vidmar, Shari S. Diamond, Mary R. Rose, Leslie Ellis, Beth Murphy Jan 2003

Inside The Jury Room - Evaluating Juror Discussions During Trial, Neil Vidmar, Shari S. Diamond, Mary R. Rose, Leslie Ellis, Beth Murphy

Faculty Scholarship

No abstract provided.


Cruel And Unusual: The Story Of Leandro Andrade, Erwin Chemerinsky Jan 2003

Cruel And Unusual: The Story Of Leandro Andrade, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky Jan 2003

Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Book Review, Catherine Fisk Jan 2003

Book Review, Catherine Fisk

Faculty Scholarship

Reviewing Alice Kessler-Harris, In Pursuit of Equity: Women, Men, and the Quest for Economic Citizenship in 20th-Century America (2001)


The Myth Of Pretax Income, Lawrence A. Zelenak Jan 2003

The Myth Of Pretax Income, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, Liam Murphy & Thomas Nagel, The Myth of Ownership: Taxes and Justice (2002).


Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer Jan 2003

Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer

Faculty Scholarship

Human rights and intellectual property, two bodies of law that were once strangers, are becoming increasingly intimate bedfellows. Over the past three years, human rights bodies within the United Nations have devoted unprecedented attention to intellectual property issues, including patented medicines, digital copyrights, technology transfers, economic, social and cultural rights, plant variety protection, and economic development. Unlike the approaches adopted in established intellectual property lawmaking organizations such as the WTO and WIPO, the new human rights approach to intellectual property is often critical of existing standards of protection and it seeks to address legal and policy issues that intellectual property …


Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer Jan 2003

Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins Jan 2003

Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.


Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight Jan 2003

Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.


The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2003

The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.


Genocide Politics And Policy: Conference Remarks, Madeline Morris Jan 2003

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.


Law School Libraries, Richard A. Danner Jan 2003

Law School Libraries, Richard A. Danner

Faculty Scholarship

No abstract provided.


Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner Jan 2003

Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner

Faculty Scholarship

No abstract provided.


Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin Jan 2003

Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.


Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox Jan 2003

Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox

Faculty Scholarship

No abstract provided.


Why Me?, Walter E. Dellinger Iii Jan 2003

Why Me?, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


Ideology And The Selection Of Federal Judges, Erwin Chemerinsky Jan 2003

Ideology And The Selection Of Federal Judges, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2003

The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.


Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder Jan 2003

Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Book Review, Ralf Michaels Jan 2003

Book Review, Ralf Michaels

Faculty Scholarship

Reviewing, Rethinking the Masters of Comparative Law, (Annelise Riles ed., Hart Publishing 2001)


Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn Jan 2003

Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn

Faculty Scholarship

In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …