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Full-Text Articles in Law

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold Dec 2006

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold

iBlawg

No abstract provided.


T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey Dec 2006

T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey

Duke Law & Technology Review

Seventeen percent of the average monthly cellular phone bill in 2004 was comprised of federal, state, and local taxes. As the number of wireless subscribers across the nation continues to increase, states, cities, and counties are increasingly seizing upon cellular taxation as a panacea for budget shortfalls. The Maryland Tax Court’s recent decision in T-Mobile USA, Inc. v. Department of Finance for Baltimore City held state and county taxes on the sale of individual cellular lines as legal excise taxes rather than illegal sales taxes. This iBrief will highlight the origins of telecommunications taxation, examine the ruling in T-Mobile ...


Note From The Editor, Ian Miller Dec 2006

Note From The Editor, Ian Miller

Alaska Law Review

No abstract provided.


“If You Knew Him Like I Did, You’D Have Shot Him, Too …” A Survey Of Alaska’S Law Of Self-Defense, James Fayette Dec 2006

“If You Knew Him Like I Did, You’D Have Shot Him, Too …” A Survey Of Alaska’S Law Of Self-Defense, James Fayette

Alaska Law Review

No abstract provided.


Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai Dec 2006

Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai

Alaska Law Review

No abstract provided.


Felon Disenfranchisement In Alaska And The Voting Rights Act Of 1965, Christopher R. Murray Dec 2006

Felon Disenfranchisement In Alaska And The Voting Rights Act Of 1965, Christopher R. Murray

Alaska Law Review

No abstract provided.


Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang Dec 2006

Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang

Alaska Law Review

No abstract provided.


Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy Dec 2006

Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy

Alaska Law Review

No abstract provided.


Journal Staff Dec 2006

Journal Staff

Alaska Law Review

No abstract provided.


Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak Dec 2006

Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak

Duke Law Journal

This Article is a work of transnational legal history. Drawing upon new research in foreign archives, it sheds new light on the life of Thurgood Marshall, exploring for the first time an episode that he cared very deeply about. his work with African nationalists on an independence constitution for Kenya. The story is paradoxical, for Marshall, a civil rights legend in America, would seek to protect the rights of white landholders in Kenya who had gained their land through discriminatory land laws, but were soon to lose political power. In order to understand why Marshall would take pride in entrenching ...


Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel Dec 2006

Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel

Duke Law Journal

In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.


Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone Dec 2006

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Duke Law Journal

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely ...


Against Individually Signed Judicial Opinions, James Markham Dec 2006

Against Individually Signed Judicial Opinions, James Markham

Duke Law Journal

No abstract provided.


Journal Staff Dec 2006

Journal Staff

Duke Law Journal

No abstract provided.


Ebay At Six Months: Four-Factor Confusion, Jim Sherwood Nov 2006

Ebay At Six Months: Four-Factor Confusion, Jim Sherwood

iBlawg

No abstract provided.


Newsgroups Float Into Safe Harbor, And Copyright Holders Are Sunk, Alicia L. Wright Nov 2006

Newsgroups Float Into Safe Harbor, And Copyright Holders Are Sunk, Alicia L. Wright

Duke Law & Technology Review

Usenet newsgroups are swiftly becoming a popular vehicle for pirating digital music, movies, books, and other copyrighted works. Meanwhile, courts ignore Usenet’s tremendous potential for copyright infringement. In Ellison v. Robertson, the Ninth Circuit Court of Appeals found that America Online’s Usenet service might qualify for safe harbor under the Digital Millennium Copyright Act. According to the district court below, safe harbor would preclude a finding of secondary copyright infringement against America Online. However, the courts misinterpreted the safe harbor provisions. One safe harbor provision was misapplied and another was ignored altogether. This iBrief critiques the Ellison opinions ...


How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines Nov 2006

How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines

iBlawg

No abstract provided.


Why Technology Provides Compelling Reasons To Apply A Daubert Analysis To The Legal Standard Of Care In Medical Malpractice Cases, Nichole Hines Nov 2006

Why Technology Provides Compelling Reasons To Apply A Daubert Analysis To The Legal Standard Of Care In Medical Malpractice Cases, Nichole Hines

Duke Law & Technology Review

Traditionally, courts have applied a "customary practice" standard in determining the legal standard of care in medical malpractice cases. Recently, a few courts have abandoned this dated standard and instead applied a Daubert analysis to the standard of care, which focuses on medical evidence that is scientifically based . In light of these recent holdings, this iBrief argues that with the increasing amounts of technologies improving evidence-based medicine, the customary practice standard is no longer a useful or appropriate test for determining the standard of care in medical malpractice cases. By applying a Daubert analysis to an expert’s testimony on ...


An Empirical Examination Of The Equal Protection Challenge To Contingency Fee Restrictions In Medical Malpractice Reform Statutes, Casey L. Dwyer Nov 2006

An Empirical Examination Of The Equal Protection Challenge To Contingency Fee Restrictions In Medical Malpractice Reform Statutes, Casey L. Dwyer

Duke Law Journal

No abstract provided.


The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones Nov 2006

The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones

Duke Law Journal

No abstract provided.


Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, Kenneth A. Bamberger Nov 2006

Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, Kenneth A. Bamberger

Duke Law Journal

Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk-from financial, data and homeland security risk to the risk of conflicts of interest-increasingly mandates broad policy outcomes and accords regulated parties wide discretion in deciding how to interpret and achieve them. Yet the dominant paradigm of administrative enforcement, monitoring and threats of punishment, is ill suited to oversee the sound exercise of judgment and discretion.


A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen Nov 2006

A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen

Duke Law Journal

Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist. does not qualify as the sort ...


Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii Nov 2006

Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii

Duke Law Journal

No abstract provided.


Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger Nov 2006

Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger

Duke Law Journal

No abstract provided.


Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson Nov 2006

Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson

Duke Law Journal

No abstract provided.


Journal Staff Nov 2006

Journal Staff

Duke Law Journal

No abstract provided.


A Fair Use Response To Students' Intellectual Property Rights, Jared Slade Oct 2006

A Fair Use Response To Students' Intellectual Property Rights, Jared Slade

iBlawg

No abstract provided.


When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott Oct 2006

When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott

Duke Law & Technology Review

The National Labor Relations Act forbids employers from retaliating against certain types of employee speech or intimidating those who engage in it. This iBrief examines how blogging fits into the current statutory framework and recommends how the National Labor Relations Board and the courts should address the unique features of employee blogs.


Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner Oct 2006

Creating An ‘Undeveloped Lands Protection Act’ For Farmlands, Forests, And Natural Areas, Terence J. Centner

Duke Environmental Law & Policy Forum

No abstract provided.


World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer Oct 2006

World Religions And Clean Water Laws, Daryl Fisher-Ogden, Shelley Ross Saxer

Duke Environmental Law & Policy Forum

No abstract provided.