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2006

Duke Law

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Articles 1 - 30 of 159

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Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold Dec 2006

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold

iBlawg

No abstract provided.


Ebay At Six Months: Four-Factor Confusion, Jim Sherwood Nov 2006

Ebay At Six Months: Four-Factor Confusion, Jim Sherwood

iBlawg

No abstract provided.


How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines Nov 2006

How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines

iBlawg

No abstract provided.


A Fair Use Response To Students' Intellectual Property Rights, Jared Slade Oct 2006

A Fair Use Response To Students' Intellectual Property Rights, Jared Slade

iBlawg

No abstract provided.


The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold Sep 2006

The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold

iBlawg

No abstract provided.


Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder Sep 2006

Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder

iBlawg

No abstract provided.


Eliding In New York, Monte Neil Stewart Jul 2006

Eliding In New York, Monte Neil Stewart

Duke Journal of Constitutional Law & Public Policy Sidebar

In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one ...


The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit Jun 2006

The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.


Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton Apr 2006

Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton

Duke Journal of Constitutional Law & Public Policy Sidebar

In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.


A Writer Speaks Truth, Jay Dratler Jr. Apr 2006

A Writer Speaks Truth, Jay Dratler Jr.

iBlawg

No abstract provided.


Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor Mar 2006

Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor

iBlawg

No abstract provided.


Mayle V. Felix, Aleksandra Kopec Mar 2006

Mayle V. Felix, Aleksandra Kopec

Duke Journal of Constitutional Law & Public Policy Sidebar

Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."


Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin Mar 2006

Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin

Duke Journal of Constitutional Law & Public Policy Sidebar

Merck sought protection under a statutory exemption from claims of patent infringement brought by Integra Lifesciences. The Court held unanimously that the safe harbor contained in 35 U.S.C. § 271(e)(1) protected the use of patented inventions used in preclinical research where the results were not submitted to the FDA. The Court's interpretation of the safe harbor provision broadened protection for those engaged in drug research at a substantial cost to patent-holders.


Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay Mar 2006

Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay

Duke Journal of Constitutional Law & Public Policy Sidebar

When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be ...


Justin Hughes's Predictions For 2006: Part Two, Justin Hughes Feb 2006

Justin Hughes's Predictions For 2006: Part Two, Justin Hughes

iBlawg

No abstract provided.


The Google Library Project: When East Doesn't Meet West, Richard Epstein Feb 2006

The Google Library Project: When East Doesn't Meet West, Richard Epstein

iBlawg

No abstract provided.


Justin Hughe's Predictions For 2006: Part One, Justin Hughes Feb 2006

Justin Hughe's Predictions For 2006: Part One, Justin Hughes

iBlawg

No abstract provided.


James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle Feb 2006

James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle

iBlawg

No abstract provided.


Welcome To The Iblawg, Dltr Editorial Staff Jan 2006

Welcome To The Iblawg, Dltr Editorial Staff

iBlawg

No abstract provided.


Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams Jan 2006

Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams

Faculty Scholarship

No abstract provided.


Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr. Jan 2006

Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr. Jan 2006

Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins Jan 2006

Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence of monopoly legislative agenda control by government parties in the Bundestag. First, the government parties have near-zero roll rates, while the opposition parties are often rolled over half the time. Second, only opposition parties’ (and not government parties’) roll rates increase with the distances of each party from the floor median. Third, almost all policy moves are towards the government coalition (the only exceptions occur during periods of divided government). Fourth, roll rates for government parties sky- rocket when they fall into the opposition and roll rates for opposition parties plummet when they enter government, while ...


When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez Jan 2006

When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.


Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow Jan 2006

Criminal Justice Collapse: The Constitution After Hurricane Katrina, Brandon L. Garrett, Tania Tetlow

Faculty Scholarship

The New Orleans criminal justice system collapsed after Hurricane Katrina, resulting in a constitutional crisis. Eight thousand people, mostly indigent and charged with misdemeanors such as public drunkenness or failure to pay traffic tickets, languished indefinitely in state prisons. The court system shut its doors, the police department fell into disarray, few prosecutors remained, and a handful of public defenders could not meet with, much less represent, the thousands detained. This dire situation persisted for many months, long after the system should have been able to recover. We present a narrative of the collapse of the New Orleans area criminal ...


The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz Jan 2006

The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz

Faculty Scholarship

Lawyers, increasingly, are scrutinized as to their public responsibility when companies fail, particularly where the lawyer's involvement with the failed company is nontraditional and, arguably, intertwined with the failure. One of the least traditional roles of lawyers today is as counsel in structured finance transactions. This article focuses on the public responsibility of lawyers involved in these transactions.


Financial Information Failure And Lawyer Responsibility, Steven L. Schwarcz Jan 2006

Financial Information Failure And Lawyer Responsibility, Steven L. Schwarcz

Faculty Scholarship

When public firms collapse amid allegations of financial information failure-such as misleading financial statements-society looks beyond the role of accountants to see who else should be held responsible. Lawyers advising the firm increasingly are charged with responsibility, perhaps because modern financial and business complexities, as well as rules that make accounting determinations turn in part on legal conclusions, have blurred the boundary between legal and accounting duties. Lawyers should want to satisfy this responsibility not only to avoid liability but also to safeguard their reputation and integrity. The difficult question, which this article attempts to answer, is what that responsibility ...


A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener Jan 2006

A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener

Faculty Scholarship

A debate on the issue of who is ahead in environmental policy with contributions by Michael S. Caplan, Robert Donkers, Meaghan Purvis, Ernie Rosenberg and Jonathan B. Wiener


Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar Jan 2006

Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar

Faculty Scholarship

This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should ...


Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott Jan 2006

Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott

Faculty Scholarship

This paper is based on a keynote address to the 2006 annual workshop of the Australian Corporate Law Teachers' Association on "The Pathology of Corporate Law." The paper's thesis is that fuller understanding of many corporate malfunctions requires examination of organizational structures and patterns of interaction below the level of the board within a corporation's hierarchy. The paper argues that there is merit to mandating duties of skill and care at the executive level, drawing on examples of executive conduct in recent corporate fiascos. The paper also explores the application of the business judgment rule to officers. As ...