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Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Duke Law Journal
The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …
1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas
1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas
Duke Law & Technology Review
Electronic monitoring in the workplace has been the subject of relentless public criticism. Privacy advocates argue that technological advancements have given overbearing employers powerful tools to abuse employee dignity in the name of productivity and that new legislation should bolster workplace privacy rights. This iBrief contends that current U.S. legal doctrine governing electronic monitoring in the workplace is fair given the nature and purpose of the workplace, and potential employer liability for employee misconduct.
Four Ways To Better 1l Assessments, Ron M. Aizen
Four Ways To Better 1l Assessments, Ron M. Aizen
Duke Law Journal
No abstract provided.
Alaska’S Merit Selection For Judges, Susie M. Dosik
Alaska’S Merit Selection For Judges, Susie M. Dosik
Alaska Law Review
No abstract provided.
Rehabilitating Bioethics: Recontextualizing In Vitro Fertilization Outside Contractual Autonomy, Olivia Lin
Rehabilitating Bioethics: Recontextualizing In Vitro Fertilization Outside Contractual Autonomy, Olivia Lin
Duke Law Journal
No abstract provided.
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Duke Law Journal
Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals -- even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for …
Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman
Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman
Law and Contemporary Problems
An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.
Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy
Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy
Law and Contemporary Problems
Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.
Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.
Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.
Duke Journal of Comparative & International Law
No abstract provided.
Show Me The Money: The Dominance Of Wealth In Determining Rights Performance In Asia, Randall Peerenboom
Show Me The Money: The Dominance Of Wealth In Determining Rights Performance In Asia, Randall Peerenboom
Duke Journal of Comparative & International Law
No abstract provided.
Disaggregating U.S. Interests In International Law, Peter J. Spiro
Disaggregating U.S. Interests In International Law, Peter J. Spiro
Law and Contemporary Problems
The Constitution is so central to American identity that any concession of external constitutional constraints may constitute a threat to national self-determination. This explains the relative intensity of objections to international norms and institutions thought to compromise constitutional discretion, at least in the absence of countervailing interests.
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein
Law and Contemporary Problems
The rule of law helps to check tendencies to excess, aligns remedies with what happened to similarly situated persons in the past, and give both power and accountability to public officials. Asserting its perpetual demand of Muss es sein? in reaction to oppressions, tort law jolts stais into change.
Speech And Strife, Robert L. Tsai
Speech And Strife, Robert L. Tsai
Law and Contemporary Problems
Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.
Progressive And Conservative Constitutionalism As The United States Enters The 21st Century, Erwin Chemerinsky
Progressive And Conservative Constitutionalism As The United States Enters The 21st Century, Erwin Chemerinsky
Law and Contemporary Problems
No abstract provided.
The Majoritarian Rehnquist Court?, Neal Devins
The Majoritarian Rehnquist Court?, Neal Devins
Law and Contemporary Problems
Devins examines the reasons behind the tendency of the US Supreme Court under William Rehnquist to strike down federal laws. Majoritarian forces, including the use of the Court as a check against Congress, have led to the invalidation of many federal statutes.
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
Law and Contemporary Problems
Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.
The Cycles Of Constitutional Theory, Barry Friedman
The Cycles Of Constitutional Theory, Barry Friedman
Law and Contemporary Problems
Friedman presents information on the cyclical nature of constitutional theory. Because constitutional theory is a reaction to the current developments of constitutional law, it is interesting to view constitutional issues through the framework of different historical circumstances.
Liking To Be In America: Puerto Rico’S Quest For Difference In The United States, Angel R. Oquendo
Liking To Be In America: Puerto Rico’S Quest For Difference In The United States, Angel R. Oquendo
Duke Journal of Comparative & International Law
No abstract provided.
Conflict Between State Legal Norms And Norms Underlying Popular Beliefs: Witchcraft In Africa As A Case Study, Mohammed A. Diwan
Conflict Between State Legal Norms And Norms Underlying Popular Beliefs: Witchcraft In Africa As A Case Study, Mohammed A. Diwan
Duke Journal of Comparative & International Law
No abstract provided.
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Law and Contemporary Problems
Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.
The Indian Child Welfare Act And Iñupiat Customs: A Case Study Of Conflicting Values, With Suggestions For Change, Andrea V. W. Wan
The Indian Child Welfare Act And Iñupiat Customs: A Case Study Of Conflicting Values, With Suggestions For Change, Andrea V. W. Wan
Alaska Law Review
No abstract provided.
The Uncertain Future Of Mandatory Arbitration Of Statutory Claims In The Unionized Workplace, Erica F. Schohn
The Uncertain Future Of Mandatory Arbitration Of Statutory Claims In The Unionized Workplace, Erica F. Schohn
Law and Contemporary Problems
As arbitration processes have improved over the last ten years, the negative perception of mandatory arbitration provisions that apply to statutory claims has decreased. The case law reflects this change in perception, as courts how allow mandatory arbitration of statutory claims brought by nonunion employees. This article argues that the continued distinction between claims by union and nonunion employees lacks any meaningful justification--that is, that mandatory arbitration of statutory claims is as appropriate, if not more so, in the collective bargaining context as it is in the nonunionized workplace.
Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood
Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood
Duke Journal of Gender Law & Policy
No abstract provided.
In Memoriam: Professor Jerome M. Culp, Jr., Trina Jones
In Memoriam: Professor Jerome M. Culp, Jr., Trina Jones
Duke Journal of Gender Law & Policy
No abstract provided.
Foreword, Maurice Wallace
Signatures Of The Impossible, Ranjana Khanna
Signatures Of The Impossible, Ranjana Khanna
Duke Journal of Gender Law & Policy
No abstract provided.
Sexual Semiosis, Jane M. Gaines
Sexual Semiosis, Jane M. Gaines
Duke Journal of Gender Law & Policy
No abstract provided.
Can A Leopard Change His Spots?: Child Custody And Batterer’S Intervention, Kristina C. Evans
Can A Leopard Change His Spots?: Child Custody And Batterer’S Intervention, Kristina C. Evans
Duke Journal of Gender Law & Policy
No abstract provided.
Dear Ian,, Robyn Wiegman