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Full-Text Articles in Law
The Legal Subject In Exile, Kathryn Abrams
Rationalism And Empiricism In Modern Medicine, Warren Newton
Rationalism And Empiricism In Modern Medicine, Warren Newton
Law and Contemporary Problems
The roots of rationalism and empiricism in the Hippocratic tradition are explored. The triumph of the rationalists in the founding of modern medicine is emphasized. The development of clinical epidemiology and the evidence-based medicine over the last 30 years is described. The tension illuminates fundamental clinical and policy questions that doctors, the health care system, and the legal system confront today.
The New Deal Constitution In Exile, William E. Forbath
The New Deal Constitution In Exile, William E. Forbath
Duke Law Journal
No abstract provided.
The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff
The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff
Duke Law Journal
For the fifteen years prior to the Supreme Court's 1954 decision in Brown v. Board of Education, "civil rights" did not refer to a unified, coherent category. Rather, the content of the term was open, changing, and contradictory. The lawyers of the Civil Rights Section of the Department of Justice, which was created in 1939, were among those thinking about, and experimenting with, different ways of practicing and framing civil rights in the 1940s. Their practice shows how, as the Great Depression faded and World War II loomed, the most prominent civil rights issues shifted from the labor arena to …
Super-Statutes, William N. Eskridge Jr., John A. Ferejohn
Super-Statutes, William N. Eskridge Jr., John A. Ferejohn
Duke Law Journal
Not all statutes are created equal. Appropriations laws perform important public functions, but they are usually short-sighted and have little effect on the law beyond the years for which they apportion public monies. Most substantive statutes adopted by Congress and state legislatures reveal little more ambition: they cover narrow subject areas or represent legislative compromises that are short-term fixes to bigger problems and cannot easily be defended as the best policy result that can be achieved. Some statutes reveal ambition but do not penetrate deeply into American norms or institutional practice. Even fewer statutes successfully penetrate public normative and institutional …
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
Law and Contemporary Problems
Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.