Digital Commons Network^™

The Epicycles Of General Equilibrium Theory, David Singh Grewal

Law and Contemporary Problems

No abstract provided.

Finding A Core Of Sustainability In Directors' And Officers' Fiduciary Duties, Mark Ortega

Duke Environmental Law & Policy Forum

Directors and officers have a fiduciary duty to act in the best interests of a corporation and its shareholders. Yet corporations may be employing unsustainable, short-term business models that fail to properly account for financial and systemic risks that could harm the corporation in the long term. This paper asks whether there is, embedded within directors' fiduciary duties, a greater duty to consider "sustainability" (as this paper defines it). Specifically, this duty would require directors and officers to return corporations to the established shareholder wealth maximization ("SWM") norm of creating long-term shareholder value under Delaware law.

This paper …

Regulating Sustainable Finance In Capital Markets: A Perspective From Socially Embedded Decentered Regulation, Iris H-Y Chiu

Law and Contemporary Problems

No abstract provided.

Reputational Regulation, Kishanthi Parella

Duke Law Journal

When organizations act in ways that offend the public interest, parties seeking to change that behavior traditionally turned to litigation to force these organizations to reform, whether by command or consent. For example, following Brown v. Board of Education , “structural reform litigation” forced large-scale organizations, from school boards to prisons, to change their practices. Similarly, federal prosecutors have used agreements with large corporations to introduce significant structural reforms.

This Article identifies an alternative strategy for organizational change that relies on the indirect reputational effects of litigation. Under this approach, organizational change does not result from court order or parties’ …

Police Union Contracts, Stephen Rushin

Duke Law Journal

This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in American police departments. In theory, these external legal mechanisms should increase the costs borne by police departments in cases of officer misconduct, forcing rational police supervisors to enact rigorous disciplinary procedures. But these external mechanisms have failed to bring about organizational change in local police departments. This Article argues that state labor …

Implementing Grutter’S Diversity Rationale: Diversity And Empathy In Leadership , Rebecca K. Lee

Duke Journal of Gender Law & Policy

This Article examines the role of leadership in implementing the diversity rationale affirmed by the U.S. Supreme Court in Grutter v. Bollinger and argues that greater diversity and empathy are needed for effective leadership in diverse settings. In Grutter, the Court held that the University of Michigan Law School's use of race in selecting students for admission did not violate the Constitution's Equal Protection Clause. In so doing, the Court affirmed Justice Powell's diversity rationale as expressed in an earlier case, Regents of University of California v. Bakke, in which he noted that "'the nation's future depends upon leaders …

Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch

Law and Contemporary Problems

Alberstein and Davidovitch explore the role of apologies in healthcare systems from a broader perspective. The significance of apology in terms of social solidarity is addressed and the ways in which each apology situation entails a clash between cultural identities are demonstrated. The debate on apology is explored by presenting a public health perspective of apologies following collective traumatic events such as the application of sterilization laws or flawed human experimentations in various settings.

Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi

Law and Contemporary Problems

Mironi examines the dispute between the Israel Medical Association and the Israeli government. Drawing upon in-depth interviews with the arbitrators and the parties' representatives and counsels, as well as upon the extensive litigation and transcripts of the arbitration proceedings and award, the process-oriented aspects of the arbitration are emphasized. The disputes between the IMA and the government have never been only about money, but also have been about voice, the future status of public healthcare, and the doctors' professional quality of life.

Victims’ Rights In An Adversary System, Erin C. Blondel

Duke Law Journal

The victims' rights movement argues that because the outcome of criminal prosecutions affects crime victims, the justice system should consider their interests during proceedings. In 2004, Congress passed the Crime Victims' Rights Act (CVRA), giving victims some rights to participate in the federal criminal justice system. This Note probes both the theoretical assumptions and practical implications of the CVRA. It demonstrates that the victims' rights movement revisits a long-acknowledged tension between adversary adjudication and third-party interests. It shows, however, that American law has resolved this tension by conferring party or quasi-party status on third parties. Despite some pro-victims rhetoric, Congress …

Moving Beyond Media Feast And Frenzy: Imagining Possibilities For Hyper-Resilience Arising From Scandalous Organizational Crisis, Ronald L. Dufresne, Judith A. Clair

Law and Contemporary Problems

No abstract provided.

A Christian Perspective On Gender Equality, Lynne Marie Kohm

Duke Journal of Gender Law & Policy

No abstract provided.

“The Importance Of Objective Analysis” On Gays In The Military: A Response To Elaine Donnelly’S Constructing The Co-Ed Military, Jeanne Scheper, Nathaniel Frank, Aaron Belkin, Gary J. Gates

Duke Journal of Gender Law & Policy

No abstract provided.

Implementing The Rights Revolution: Repeat Players And The Interpreting Of Diffuse Legal Messages, Charles R. Epp

Law and Contemporary Problems

No abstract provided.

Sexual Harassment, Misconduct, And The Atmosphere Of The Laboratory: The Legal And Professional Challenges Faced By Women Physical Science Researchers At Educational Institutions, Ellen Sekreta

Duke Journal of Gender Law & Policy

No abstract provided.

International Law And State Socialization: Conceptual, Empirical, And Normative Challenges, Ryan Goodman, Derek Jinks

Duke Law Journal

No abstract provided.

How The Health Care Revolution Fell Short, Clark C. Havighurst

Law and Contemporary Problems

Managed Care I proved itself a poor public servant was appropriately deposed in the counter-revolution it inspired. Managed Care II apparently believes that, by cultivating a more benevolent image than its predecessor, it will be able to hang onto power and ride out any "perfect storm" that may be brewing and that its members can survive as private functionaries in a market increasingly dominated and controlled by government.

The Monitoring Duties Of Directors Under The Ec Directives: A View From The United States Experience, James D. Cox, Nis Jul Clausen

Duke Journal of Comparative & International Law

No abstract provided.

Epa’S Organizational Structure, Alfred A. Marcus

Law and Contemporary Problems

The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.

The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch

Duke Law Journal

No abstract provided.

Author Index

Duke Law Journal

No abstract provided.

Title Index

Duke Law Journal

No abstract provided.

Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson

Duke Law Journal

Among other things, the Supreme Court's decision in Morrison v. Olson, 1 upholding Congress's authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphrey's Executor. 2 Despite recurrent criticism of that decision, 3 there was no basis to think it was especially vulnerable. The Court's recent fascination with separation of powers, 4 however, invited speculation …

The Touchables: Vice And Police Corruption In The 1980’S, John Dombrink

Law and Contemporary Problems

No abstract provided.

Trends In Medical Malpractice Insurance, 1970-1985, James R. Posner

Law and Contemporary Problems

No abstract provided.

Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz

Duke Law Journal

In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing …

Institutional Changes To Support School Desegregation: Alternative Models Underlying Research And Implementation, Mark A. Chesler, James E. Crowfoot, Bunyan I. Bryant

Law and Contemporary Problems

Recent research studies and reports of current desegregation plans are examined against the background of two models of social systems: consensus and conflict. The article's focus moves from the community to the school to the classroom to the individual.

Health Manpower Licensing And Emerging Institutional Responsibility For The Quality Of Care, Rick J. Carlson

Law and Contemporary Problems

No abstract provided.

Social Advisers, Social Accounting, And The Presidency, Walter F. Mondale

Law and Contemporary Problems

No abstract provided.

Problems In The Future Organization Of Medical Practice, David Mechanic

Law and Contemporary Problems

No abstract provided.

Innovations And Experiments In Uses Of Health Manpower—The Effect Of Licensure Laws, Edward H. Forgotson, John L. Cook

Law and Contemporary Problems

No abstract provided.