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The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
Duke Law Journal
No abstract provided.
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Duke Law Journal
No abstract provided.
A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal
A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal
Alaska Law Review
No abstract provided.
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
Duke Law Journal
No abstract provided.
John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl
John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl
Duke Law Journal
No abstract provided.
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Law and Contemporary Problems
The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
Law and Contemporary Problems
It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.
Efficiency And Individualism, Gary Lawson
The Unresolved Tension Between Trademark Protection And Free Movement Of Goods In The European Community, Robert S. Smith
The Unresolved Tension Between Trademark Protection And Free Movement Of Goods In The European Community, Robert S. Smith
Duke Journal of Comparative & International Law
No abstract provided.
Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos
Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos
Duke Journal of Comparative & International Law
No abstract provided.
Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho
Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho
Duke Journal of Comparative & International Law
No abstract provided.
Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck
Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck
Duke Law Journal
No abstract provided.
Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno
Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno
Law and Contemporary Problems
The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.
A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss
A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss
Alaska Law Review
No abstract provided.
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Duke Law Journal
No abstract provided.
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Duke Law Journal
No abstract provided.
Re-Inventing Rulemaking, E. Donald Elliott
Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas
Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas
Duke Law Journal
No abstract provided.
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Duke Law Journal
No abstract provided.
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown
Law and Contemporary Problems
The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer
Law and Contemporary Problems
Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre
Law and Contemporary Problems
Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.
The Perils Of Positivism: A Response To Professor Quigley, Eugene V. Rostow
The Perils Of Positivism: A Response To Professor Quigley, Eugene V. Rostow
Duke Journal of Comparative & International Law
No abstract provided.
The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn
The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn
Duke Journal of Comparative & International Law
No abstract provided.
Understanding Fair Use, L. Ray Patterson
Understanding Fair Use, L. Ray Patterson
Law and Contemporary Problems
Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Duke Law Journal
No abstract provided.
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange
Law and Contemporary Problems
The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.
Copyright, Paul Goldstein
Copyright, Paul Goldstein
Law and Contemporary Problems
The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.
Invisible Cities: The Constitutional Status Of Direct Democracy In A Democratic Republic, Douglas H. Hsiao
Invisible Cities: The Constitutional Status Of Direct Democracy In A Democratic Republic, Douglas H. Hsiao
Duke Law Journal
No abstract provided.
Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps
Law and Contemporary Problems
The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.