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Restrictions On Prisoners’ Religious Freedom As Unconstitutional Conditions Of Confinement: An Eighth Amendment Argument, Jeffrey Welty
Restrictions On Prisoners’ Religious Freedom As Unconstitutional Conditions Of Confinement: An Eighth Amendment Argument, Jeffrey Welty
Duke Law Journal
No abstract provided.
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Duke Law Journal
No abstract provided.
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Duke Law Journal
Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Law and Contemporary Problems
Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.
The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink
The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink
Duke Journal of Comparative & International Law
No abstract provided.
The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus
The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus
Duke Journal of Comparative & International Law
No abstract provided.
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Duke Environmental Law & Policy Forum
No abstract provided.
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
Law and Contemporary Problems
Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Duke Environmental Law & Policy Forum
No abstract provided.
Foreword, Pamela B. Gann
Foreword, Pamela B. Gann
Duke Journal of Comparative & International Law
No abstract provided.
The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Duke Law Journal
No abstract provided.
Religion And Rehabilitation: The Requisition Of God By The State, Derek P. Apanovitch
Religion And Rehabilitation: The Requisition Of God By The State, Derek P. Apanovitch
Duke Law Journal
No abstract provided.