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Articles 1 - 30 of 145
Full-Text Articles in Law
Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton
Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Forbidden Territory Or Well-Defined Boundaries? M.B.Z. V. Clinton And The Overzealous Application Of The Political Question Doctrine, Andrew Hand
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, Aaron Johnson
Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, Aaron Johnson
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong
Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception, Brad Turner
It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception, Brad Turner
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano, Siobhan Innes-Gawn
The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano, Siobhan Innes-Gawn
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
A Deal Is A Deal In The West, Or Is It? Montana V. Wyoming And The Yellowstone River Compact, Shiran Zohar
A Deal Is A Deal In The West, Or Is It? Montana V. Wyoming And The Yellowstone River Compact, Shiran Zohar
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler
A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor
Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn
The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler
Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Staub V. Proctor Hospital: Cleaning Up The Cat’S Paw, Hannah Banks
Staub V. Proctor Hospital: Cleaning Up The Cat’S Paw, Hannah Banks
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle
Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Snyder V. Phelps: First Amendment Boundaries On Speech-Based Tort Claims, Michael Villeggiante
Snyder V. Phelps: First Amendment Boundaries On Speech-Based Tort Claims, Michael Villeggiante
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
The Year In Review 2010: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, United States District Court For The District Of Alaska, And The United States Court Of Appeals For The Ninth Circuit
Alaska Law Review Year in Review
No abstract provided.
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
Conflict Of Norms Or Conflict Of Laws?: Different Techniques In The Fragmentation Of International Law, Ralf Michaels, Joost H.B. Pauwelyn
Conflict Of Norms Or Conflict Of Laws?: Different Techniques In The Fragmentation Of International Law, Ralf Michaels, Joost H.B. Pauwelyn
Faculty Scholarship
One of the most pressing topics in current international law is fragmentation. Traditionally, most constructive attempts to deal with fragmentation have been based on analogies what one of us, in an earlier book, called "conflicts of norms" - those rules in domestic law that deal with conflicts of norms within one legal system. In this article, we assess under what circumstances a different approach, based on an analogy to conflict of laws - those rules in domestic law that deal with conflicts of norms between different legal systems - yields a more adequate structure. The result is that public international …
Good Faith And Law Evasion, Samuel W. Buell
Good Faith And Law Evasion, Samuel W. Buell
Faculty Scholarship
Laws imposing sanctions can be self-defeating by supplying incentive and guidance for actors engaged in socially undesirable activities to reshape conduct to avoid penalties. Sometimes this is deterrence. But if the new activity, as much as the old, contravenes the normative stance of the legal project, it is a failure of law. The problem of evasion warrants response in many fields - not least in criminal law despite the frequent and too simple assumption that legality-related values require narrow prohibitions that unavoidably permit evasion. Three common responses to evasion have serious deficits. Foregoing control of evasion is a mistake if …
Dangerous Categories: Narratives Of Corporate Board Diversity, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec
Dangerous Categories: Narratives Of Corporate Board Diversity, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec
Faculty Scholarship
In this article, we report the results of a series of interviews with corporate directors about racial, ethnic, and gender diversity on corporate boards. On the one hand, our respondents were clear and nearly uniform in their statements that board diversity was an important goal worth pursuing. Yet when asked to provide examples or anecdotes illustrating why board diversity matters, many subjects acknowledged difficulty in illustrating theory with reference to practice.
This expressed reluctance to come to specific terms with general claims about the value of director diversity inspired our title phrase: dangerous categories. That is, while "diversity" evokes universal …
Keynote Address: Identifying And Managing Systemic Risk: An Assessment Of Our Progress, Steven L. Schwarcz
Keynote Address: Identifying And Managing Systemic Risk: An Assessment Of Our Progress, Steven L. Schwarcz
Faculty Scholarship
This short address attempts to provide a succinct overview, critiquing how well the Dodd-Frank Act identifies and manages systemic risk.
The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd
The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd
Faculty Scholarship
Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance carbon …
Drafting A Model Collective Action Clause For Eurozone Sovereign Bonds, Mitu Gulati, Lee C. Buchheit
Drafting A Model Collective Action Clause For Eurozone Sovereign Bonds, Mitu Gulati, Lee C. Buchheit
Faculty Scholarship
In the wake of the Eurozone sovereign debt crisis, the European financial authorities announced last November that all Eurozone sovereign bonds issued after mid-2013 must contain an identical collective action clause (CAC) in order, if necessary, to facilitate a restructuring of those
instruments.
CACs in sovereign bonds have been the subject of considerable attention over the last ten years. They were introduced into sovereign bonds governed by U.S. law only in early 2003. Yet a surprising number of versions of the clause can be found in modern sovereign bonds.
The history of the research and development of this contractual provision …
The Federal Common Law Crime Of Corruption, Lisa Kern Griffin
The Federal Common Law Crime Of Corruption, Lisa Kern Griffin
Faculty Scholarship
This contribution to the North Carolina Law Review’s 2010 symposium, Adaptation and Resiliency in Legal Systems, considers the compatibility between the common law nature of honest services fraud and the dynamic quality of public integrity offenses. Corruption enforcement became a focal point of recent debates about over- criminalization because it typifies expansive legislative mandates for prosecutors and implicit delegations to courts. Federal prosecutions of political corruption have relied primarily on an open-textured provision: 18 U.S.C. § 1346, the honest services extension of the mail fraud statute. Section 1346 raises notice concerns because it contains few self-limiting terms, but it has …
Showcasing Diversity, Mitu Gulati, Patrick S. Shin
Showcasing Diversity, Mitu Gulati, Patrick S. Shin
Faculty Scholarship
Diversity initiatives are commonplace in today’s corporate America. Large and successful firms frequently tout their commitments to diversity, sometimes appointing women and racial minorities to highly visible posts, including seats on their boards of directors. Why would a profit-minded firm engage in such behavior? One frequently voiced explanation is that by creating such diversity, firms send out a positive signal about their attributes: a firm’s willingness to expend resources on diversity shows its commitment to workplace fairness and equality, which makes it more attractive to potential employees, customers and financiers. This claim has considerable surface appeal not only as an …
Responses To The Ten Questions, Charles J. Dunlap Jr.
Responses To The Ten Questions, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
A Tribute To The Oracle Of Ann Arbor, Guy-Uriel Charles
A Tribute To The Oracle Of Ann Arbor, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Causation In The Fiduciary Realm, Deborah A. Demott
Causation In The Fiduciary Realm, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
Faculty Scholarship
During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …
Proposition 26: The Cost To All Women, Emma S. Ketteringham, Allison Korn, Lynn M. Paltrow
Proposition 26: The Cost To All Women, Emma S. Ketteringham, Allison Korn, Lynn M. Paltrow
Faculty Scholarship
No abstract provided.