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Full-Text Articles in Law
“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins
“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins
Duke Law Journal
No abstract provided.
The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens
The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens
Duke Law Journal
This Article frames the history of the Anglo-American bankruptcy tradition as a search for solutions to the basic problem that has from the first underlain the bankruptcy process: how to obtain the assistance of a debtor in his financial dismantling. The pivotal moment in this story came in the years 1705 and 1706, when the English Parliament drafted a bill making the bankrupt's refusal to cooperate with the commissioners running his bankruptcy a capital crime. Almost as an afterthought, they also introduced discharge of debt. Incentivizing cooperation with discharge would have a fruitful future. Coercing the debtor to be honest, …
Searching For Terrorists: Why Public Safety Is Not A Special Need, Ric Simmons
Searching For Terrorists: Why Public Safety Is Not A Special Need, Ric Simmons
Duke Law Journal
In the wake of the terrorist attacks of September 11, 2001, local police across the country instituted blanket searches without individualized suspicion at various venues-including political protests, sporting events, subway platforms, and public ferries-all in an attempt to prevent further terrorist attacks. When evaluating these searches, courts rely upon the special needs doctrine, which allows the government to conduct a suspicionless search as long as the search serves a special need distinct from the goals of law enforcement. Over the past eight years, courts have struggled to determine whether and how the special needs doctrine applies to these searches, and …