Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
Articles 1 - 30 of 512
Full-Text Articles in Entire DC Network
Judicial Case Management: Caught In The Crossfire, Steven S. Gensler
Judicial Case Management: Caught In The Crossfire, Steven S. Gensler
Duke Law Journal
For thirty years, the Federal Rules of Civil Procedure have relied on active Judicial case management to combat undue cost and delay The complaints about cost and delay have not gone away, but few blame the case-management rules for that Indeed, lawyers continue to view active judicial case management as one of the best ways of reducing cost and delay, and most of the reforms being urged today seek even greater Judicial case management for that reason But some think the rulemakers took a wrong turn thirty years ago and that each round of rulemaking that places more reliance on …
Fostering Social Enterprise: A Historical And International Analysis, Matthew F. Doeringer
Fostering Social Enterprise: A Historical And International Analysis, Matthew F. Doeringer
Duke Journal of Comparative & International Law
No abstract provided.
Between The Scylla And Charybdis Of Prosecution And Reconciliation: The Khmer Rouge Trials And The Promise Of International Criminal Justice, Neha Jain
Duke Journal of Comparative & International Law
No abstract provided.
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
Duke Law Journal
Though international criminal justice has flourished over the last two decades, scholars have neglected institutional design and procedure questions. International-criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law's main purpose should be not only to inflict retribution but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, stable career paths, and civil-service expertise. It should also draw on the American experience of federalism to cultivate cooperation with national authorities and select …
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
Duke Law Journal
The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the regulatory environment. This …
The Competence Of Nations And International Tax Law, Eric T. Laity
The Competence Of Nations And International Tax Law, Eric T. Laity
Duke Journal of Comparative & International Law
No abstract provided.
The Interlegality Of Transnational Private Law, Robert Wai
The Interlegality Of Transnational Private Law, Robert Wai
Law and Contemporary Problems
No abstract provided.
Naturalism In International Adjudication, J. Patrick Kelly
Naturalism In International Adjudication, J. Patrick Kelly
Duke Journal of Comparative & International Law
No abstract provided.
Dental Therapists In Alaska: Addressing Unmet Needs And Reviving Competition In Dental Care, Erik Bruce Smith
Dental Therapists In Alaska: Addressing Unmet Needs And Reviving Competition In Dental Care, Erik Bruce Smith
Alaska Law Review
No abstract provided.
Cultural Environmentalism And Beyond, James Boyle
Cultural Environmentalism And Beyond, James Boyle
Law and Contemporary Problems
No abstract provided.
Network Stories, Julie E. Cohen
Network Stories, Julie E. Cohen
Law and Contemporary Problems
Proponents of cultural environmentalism, then, need to tackle the normative theory: to formulate a theory of "the network" as a whole that explains what makes it good. Here, Cohen asserts that what makes a network good can only be defined by generating richly detailed ethnographies of the experiences the network enables and the activities it supports, and articulating a normative theory to explain what is good, and worth preserving, about those experiences and activities. Furthermore, generating a normative theory of the open network requires more than a theory of intellectual property or telecommunications, and "doing the science" of cultural environmentalism …
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang
Law and Contemporary Problems
Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Misinformation, Misrepresentation, And Misuse Of Human Behavioral Genetics Research, Jonathan Kaplan
Law and Contemporary Problems
Kaplan discusses the limitations of human behavioral genetics studies, highlighting the research limitations inherent in studying humans and the narrow policy and legal applicability of results arising from behavioral genetics studies.
Behavioral Genetics And Crime, In Context, Owen D. Jones
Behavioral Genetics And Crime, In Context, Owen D. Jones
Law and Contemporary Problems
Jones explains the relationship between behavioral genetics and other disciplines in behavioral biology. He compares the potential contributions of behavioral genetics and behavioral ecology and suggests how the diverging efforts could be joined. He also notes that criminal law is but one of many fields of law potentially affected by behavioral genetics.
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
Duke Law Journal
No abstract provided.
International Law And State Socialization: Conceptual, Empirical, And Normative Challenges, Ryan Goodman, Derek Jinks
International Law And State Socialization: Conceptual, Empirical, And Normative Challenges, Ryan Goodman, Derek Jinks
Duke Law Journal
No abstract provided.
The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein
The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein
Alaska Law Review
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.
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 …
Just Do It, Girardeau A. Spann
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.
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 Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde
The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde
Alaska Law Review
No abstract provided.
Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea
Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea
Duke Law Journal
No abstract provided.
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
Law and Contemporary Problems
In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
Law and Contemporary Problems
Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.
Justification And Excuse, Law And Morality, Mitchell N. Berman
Justification And Excuse, Law And Morality, Mitchell N. Berman
Duke Law Journal
Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Law and Contemporary Problems
The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Law and Contemporary Problems
Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.