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Articles 1 - 30 of 168
Full-Text Articles in Law
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
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 in …
Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang
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.
Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai
Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai
Alaska Law Review
No abstract provided.
Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone
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 disadvantaged persons …
Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy
Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy
Alaska Law Review
No abstract provided.
Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel
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.
Working Toward Democracy: Thurgood Marshall And The Constitution Of Kenya, Mary L. Dudziak
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 …
Against Individually Signed Judicial Opinions, James Markham
Against Individually Signed Judicial Opinions, James Markham
Duke Law Journal
No abstract provided.
Note From The Editor, Ian Miller
“If You Knew Him Like I Did, You’D Have Shot Him, Too …” A Survey Of Alaska’S Law Of Self-Defense, James Fayette
“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.
Felon Disenfranchisement In Alaska And The Voting Rights Act Of 1965, Christopher R. Murray
Felon Disenfranchisement In Alaska And The Voting Rights Act Of 1965, Christopher R. Murray
Alaska Law Review
No abstract provided.
Newsgroups Float Into Safe Harbor, And Copyright Holders Are Sunk, Alicia L. Wright
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 and analyzes …
Why Technology Provides Compelling Reasons To Apply A Daubert Analysis To The Legal Standard Of Care In Medical Malpractice Cases, Nichole Hines
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 …
Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger
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.
Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, Kenneth A. Bamberger
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.
An Empirical Examination Of The Equal Protection Challenge To Contingency Fee Restrictions In Medical Malpractice Reform Statutes, Casey L. Dwyer
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.
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson
Duke Law Journal
No abstract provided.
The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones
The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones
Duke Law Journal
No abstract provided.
A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen
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 of …
Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii
Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii
Duke Law Journal
No abstract provided.
When Is Employee Blogging Protected By Section 7 Of The Nlra?, Katherine M. Scott
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.
Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman
Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman
Law and Contemporary Problems
Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.
The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck
The Impact Of Tax-Exempt Status: The Supply-Side Subsidies, Richard L. Schmalbeck
Law and Contemporary Problems
Schmalbeck provides some background and history of the tax rules governing health care institutions and assess the significance of the subsidies these tax rules create.
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Law and Contemporary Problems
Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Law and Contemporary Problems
Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector.
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker
Duke Journal of Comparative & International Law
No abstract provided.