Digital Commons Network^™

“The Obscenities Of This Country”: Canada V. Bedford And The Reform Of Canadian Prostitution Laws , Lauren Sampson

Duke Journal of Gender Law & Policy

No abstract provided.

Nonsense And The Freedom Of Speech: What Meaning Means For The First Amendment, Joseph Blocher

Duke Law Journal

A surprising amount of everyday expression is, strictly speaking, nonsense. But courts and scholars have done little to consider whether or why such meaningless speech falls within "the freedom of speech." If, as many suggest, meaning is what separates speech from sound and expression from conduct, then the constitutional case for nonsense is complicated. And because nonsense is widespread, the case is also important—artists like Lewis Carroll and Jackson Pollock are not the only putative "speakers" who should be concerned about the outcome.

This Article is the first to explore thoroughly the relationship between nonsense and the freedom of speech; …

The Fall And Rise Of The Exit Consent , Keegan S. Drake

Duke Law Journal

Bond issuers wanting to restructure their distressed debt often propose an exchange offer, in which the issuer persuades its bondholders to swap their present holdings for new bonds capable of being honored. To guard against nonparticipating bondholders, issuers may pair their exchange offers with an exit consent. A use of a bond's modification clause, an exit consent is a technique by which bondholders participating in the exchange also vote to impair the distressed bonds.

Use of the exit consent raises a contract question about the duty of good faith and fair dealing. For a quarter of a century, exit consents …

Gerald Bard Tjoflat: A Profile, Daniel S. Bowling Iii

Faculty Scholarship

No abstract provided.

Götterdämmerung, Lawrence G. Baxter

Faculty Scholarship

In his panel remarks on the future direction of financial regulation after the 2012 elections, Professor Lawrence Baxter argues that the age of large banks and “too big to fail” is destined to come to an end, but not through the traditional avenue of governmental oversight. Baxter starts by detailing the warning signs that illuminate the unsustainable nature of the current financial model and moves to a discussion on the deficiencies of modern banking regulations. Some hope for an end to giant banking behemoths, Baxter finally posits, lies in stricter market discipline and a realization that smaller, less-complex banks provide …