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Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel May 2024

Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel

Duke Law & Technology Review

In this article, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, preserving their value, and addressing the complex tax implications of transferring cryptocurrency to heirs.


Informationalism Beyond Managerialism, Salomé Viljoen Apr 2024

Informationalism Beyond Managerialism, Salomé Viljoen

Law and Contemporary Problems

No abstract provided.


The Letter And Its Spirit: Interpretive Dynamism And Mediating Change In Biblical And Constitutional Law, Caleb V. Strawn Apr 2024

The Letter And Its Spirit: Interpretive Dynamism And Mediating Change In Biblical And Constitutional Law, Caleb V. Strawn

Law and Contemporary Problems

No abstract provided.


Beyond Patents: Incentive Strategies For Ocean Plastic Remediation Technologies, Jacob Stotser Apr 2024

Beyond Patents: Incentive Strategies For Ocean Plastic Remediation Technologies, Jacob Stotser

Duke Law & Technology Review

With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and …


Journal Staff Apr 2024

Journal Staff

Duke Law Journal

No abstract provided.


Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky Apr 2024

Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky

Duke Law Journal

When agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. On the one hand, legislative rules make …


Regulatory Body Shops, Bridget C.E. Dooling, Rachel Augustine Potter Apr 2024

Regulatory Body Shops, Bridget C.E. Dooling, Rachel Augustine Potter

Duke Law Journal

Agencies do not always write their own rules. Contractors assist agencies in nearly all tasks relating to rulemaking, including reviewing public comments, conducting specialized research, and writing regulatory text. Despite perceptions that contractors’ roles are entirely ministerial, the reality is that contractors fulfill many more functions in the rulemaking process than is commonly understood, including everything right “up to pushing the big red policymaking button,” as one agency employee put it. The use of contractors in rulemaking fits within a broader pattern of increased government reliance on service contractors. Scholars have documented a bevy of governance concerns relating to ethics, …


Administrative Reliance, Haiyun Damon-Feng Apr 2024

Administrative Reliance, Haiyun Damon-Feng

Duke Law Journal

Presidential regime change and the federal policy shifts that accompany it raise significant questions concerning continuity, stability, and governance in the administrative state. Presidential policymaking through the administrative state may generate serious reliance interests recognized under administrative law (what this Article calls “administrative reliance”), which agencies must consider prior to enacting policy change. Administrative reliance has developed into a robust form of judicial review over agency action. Administrative reliance has been invoked in highly politicized contexts, such as immigration law, to challenge a sitting administration’s termination of a prior administration’s policies. Despite its powerful and consequential effects, the doctrine of …


Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples Apr 2024

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.


Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone Apr 2024

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Duke Law & Technology Review

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …


The Epistemic Preconditions Of Markets And Their Historicity, Lisa Herzog Apr 2024

The Epistemic Preconditions Of Markets And Their Historicity, Lisa Herzog

Law and Contemporary Problems

No abstract provided.


Bargaining With Giants And Immortals: Bargaining Power As The Core Of Theorizing Inequality, Marietta Auer Apr 2024

Bargaining With Giants And Immortals: Bargaining Power As The Core Of Theorizing Inequality, Marietta Auer

Law and Contemporary Problems

No abstract provided.


The Monetary Structure Of Economic Activity: A Constitutional Analysis, Christine Desan Apr 2024

The Monetary Structure Of Economic Activity: A Constitutional Analysis, Christine Desan

Law and Contemporary Problems

No abstract provided.


Concepts, Contexts, Contests, Roy Kreitner Apr 2024

Concepts, Contexts, Contests, Roy Kreitner

Law and Contemporary Problems

No abstract provided.


"Just What Is Going On Here?" An Homage, Barak D. Richman Apr 2024

"Just What Is Going On Here?" An Homage, Barak D. Richman

Law and Contemporary Problems

No abstract provided.


Methodological Tensions In Understanding Markets, Marietta Auer, Hanoch Dagan, Roy Kreitner, Ralf Michaels Apr 2024

Methodological Tensions In Understanding Markets, Marietta Auer, Hanoch Dagan, Roy Kreitner, Ralf Michaels

Law and Contemporary Problems

No abstract provided.


Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman Apr 2024

Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman

Law and Contemporary Problems

No abstract provided.


The Epicycles Of General Equilibrium Theory, David Singh Grewal Apr 2024

The Epicycles Of General Equilibrium Theory, David Singh Grewal

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 2024

Journal Staff

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 2024

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Bodies Of Evidence: The Criminalization Of Abortion And Surveillance Of Women In A Post-Dobbs World, Jolynn Dellinger, Stephanie Pell Apr 2024

Bodies Of Evidence: The Criminalization Of Abortion And Surveillance Of Women In A Post-Dobbs World, Jolynn Dellinger, Stephanie Pell

Duke Journal of Constitutional Law & Public Policy

In the wake of Dobbs v. Jackson Women's Health Organization, state laws criminalizing abortion raise concerns about the investigation and prosecution of women seeking reproductive health care and about the surveillance such investigations will entail. The criminalization of abortion is not new, and the investigation of abortion crimes has always involved the surveillance of women. However, state statutes criminalizing abortion coupled with surveillance methods and technologies that did not exist pre-Roe present new and complex challenges surrounding the protection of women's privacy and liberty interests—in addition to the interests of those who may provide or help pregnant people obtain reproductive …


Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley Apr 2024

Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley

Duke Environmental Law & Policy Forum

No abstract provided.


"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio Apr 2024

"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio

Duke Environmental Law & Policy Forum

No abstract provided.


The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger Apr 2024

The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger

Duke Environmental Law & Policy Forum

No abstract provided.


Finding A Core Of Sustainability In Directors' And Officers' Fiduciary Duties, Mark Ortega Apr 2024

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 …


Journal Staff Apr 2024

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


The Lack Of Responsibility Of Higher Educaiton Institutions In Addressing Phishing Emails And Data Breaches, Muxuan (Muriel) Wang Mar 2024

The Lack Of Responsibility Of Higher Educaiton Institutions In Addressing Phishing Emails And Data Breaches, Muxuan (Muriel) Wang

Duke Law & Technology Review

Higher education institutions (HEIs) are highly susceptible to cyberattacks, particularly those facilitated through phishing, due to the substantial volume of confidential student and staff data and valuable research information they hold. Despite federal legislations focusing on bolstering cybersecurity for critical institutions handling medical and financial data, HEIs have not received similar attention. This Note examines the minimal obligations imposed on HEIs by existing federal and state statutes concerning data breaches, the absence of requirements for HEIs to educate employees and students about phishing attacks, and potential strategies to improve student protection against data breaches.


Sustainable Mining Challenges: Alaska Water Permitting And The United States Green Energy Transition, Morgan Pettit Mar 2024

Sustainable Mining Challenges: Alaska Water Permitting And The United States Green Energy Transition, Morgan Pettit

Alaska Law Review

This Note addresses the myriad of legal and regulatory barriers new mining projects face in Alaska at present. These barriers have become increasingly important at a time when the United States has sought to bolster its domestic mineral supply chain. With over 100 newly located critical mineral deposits, Alaska may be the best place in the United States to establish further domestic sources of critical minerals. By streamlining the regulatory process at both the federal and state level, Alaska can better (1) protect domestic supply chains from global disruptions; (2) maximize the economic benefits of meeting increased global demand for …


Note From The Editor Mar 2024

Note From The Editor

Alaska Law Review

No abstract provided.


In The Dark: State V. Alaska Legislative Council And Public-School Funding In The Face Of The Dedicated Funds Clause, Joe Perry Mar 2024

In The Dark: State V. Alaska Legislative Council And Public-School Funding In The Face Of The Dedicated Funds Clause, Joe Perry

Alaska Law Review

In the past several years, Alaska has faced many challenges in its public education system. These challenges gave rise to an intense political debate, significant new legislation, and a protracted battle over the future of funding for public education. Governor Mike Dunleavy and the state legislature publicly clashed over the implementation of H.B. 287, a 2018 state law designed to provide financial stability to ailing schools and curtail teacher layoffs. In 2022, the Supreme Court of Alaska resolved the dispute in favor of the governor and found a contentious piece of state legislation unconstitutional under the states "Dedicated Funds Clause." …