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Articles 1 - 30 of 255
Full-Text Articles in Law
The Top-Four Primary And Alaska Ballot Measure 2, Brendan Mcguire
The Top-Four Primary And Alaska Ballot Measure 2, Brendan Mcguire
Alaska Law Review
This Primer provides an overview of the debate surrounding non-partisan ranked primaries. In the November 2020 election, Alaskan voters decided whether to adopt Ballot Measure 2 which, among other reforms, would introduce a top-four primary system. Under this system, the top-four vote-getters in the primary election, regardless of partisan affiliation, would advance to the general election. Supporters of the reform argue it offers voters more choices, fosters competition, creates a more representative pool of candidates, and avoids vote splitting. Opponents contend that such a system reduces representation by possibly preventing political parties from participating in general elections. Alaska will not …
Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes
Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes
Duke Journal of Comparative & International Law
A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry’s housing needs. Although this reorientation reflects decisions from the European Court of …
Where The Deer And The Antelope Play:Conserving Big Game Migrations As An Endangered Phenomena, Temple Stoellinger, Heidi J. Albers, Arthur Middleton, Jason F. Shogren, Robert Bonnie
Where The Deer And The Antelope Play:Conserving Big Game Migrations As An Endangered Phenomena, Temple Stoellinger, Heidi J. Albers, Arthur Middleton, Jason F. Shogren, Robert Bonnie
Duke Environmental Law & Policy Forum
In the American West, high-profile big game species including mule deer, antelope, elk, moose, bison and bighorn sheep use large landscapes to migrate between winter and summer habitats to obtain the resources they need to survive. The big game species are a vital part of the West’s ecology, economy, and culture and are valued by local, national, and international stakeholders. Thanks to large parcels of private and public land and a low human population, many parts of the American West still provide some of the best big game habitats in the world. But these vast, intact landscapes are under threat …
A Step Closer: Economic Integration And The African Continental Free Trade Area, Nsongurua J. Udombana
A Step Closer: Economic Integration And The African Continental Free Trade Area, Nsongurua J. Udombana
Duke Journal of Comparative & International Law
Post-colonial Africa views economic integration as an endogenous means for attaining self-reliant, sustainable development. Working under various regional and sub-regional economic institutions, states elaborated several norms in search of legitimacy in economic competence. However, several political and economic pathogens, including weak institutions, have blighted those efforts. This paper interrogates the African Continental Free Trade Area (AfCFTA or CFTA), which is the latest attempt to reboot the integration drive and achieve sustainable development. The CFTA seeks to create a geographic zone where goods and services will move freely among member states by removing trade distortions and boosting factor mobility, competition, and …
Foreign Interference In Elections Under The Non-Intervention Principle: We Need To Talk About “Coercion”, Steven Wheatley
Foreign Interference In Elections Under The Non-Intervention Principle: We Need To Talk About “Coercion”, Steven Wheatley
Duke Journal of Comparative & International Law
This article looks at the problem of foreign state cyber and influence operations targeting democratic elections through the lens of the non-intervention principle. The work focuses on the meaning of “coercion” following the 1986 Nicaragua case, wherein the International Court of Justice concluded that “[i]ntervention is wrongful when it uses methods of coercion.” The analysis shows that coercion describes a situation where (1) the foreign power wants the target state to do something and wants to be certain this will happen; (2) the outside power then takes some action, either by issuing a coercive threat, using coercive force, or engaging …
Cutting Submarine Cables: The Legality Of The Use Of Force In Self-Defense, Blair Shepherd
Cutting Submarine Cables: The Legality Of The Use Of Force In Self-Defense, Blair Shepherd
Duke Journal of Comparative & International Law
No abstract provided.
Note: Foundational But Not Fundamental: No Right To The Environment, Robert Torres
Note: Foundational But Not Fundamental: No Right To The Environment, Robert Torres
Duke Environmental Law & Policy Forum
The world is on fire, and despite a general consensus among scientists that climate change is an imminent threat, recent decades have been devoid of legislatures capable of enacting meaningful legislation. The flames rage on as our President, an outspoken denier of climate change, adds fuel to the fire by stripping whatever attempts had been previously made to mitigate the effects of climate change. Forced to live in what seems a forsaken world, nineteen youths, a nonprofit organization, and a scientist on behalf of all future generations brought suit against the United States government, seeking more robust environmental protections. In …
The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman
The Environmental Protection Agency’S Role In U.S. Climate Policy- A Fifty Year Appraisal, Jody Freeman
Duke Environmental Law & Policy Forum
No abstract provided.
Essay: Forks In The Road, Michael P. Vandenbergh, Jonathan M. Gilligan
Essay: Forks In The Road, Michael P. Vandenbergh, Jonathan M. Gilligan
Duke Environmental Law & Policy Forum
This Essay outlines a simple heuristic that will enable public and private policymakers to focus on the most important climate change mitigation strategies. Policymakers face a dizzying array of information, pressure from advocacy groups, and policy options, and it is easy to lose sight of the forest for the trees. Many policy options are attractive on the surface but either fail to meaningfully address the problem or are unlikely to be adopted in the foreseeable future. If policymakers make the right decision when confronting three essential choices or forks in the road, though, the result will be 60% to 70% …
When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray
When Misrepresentation Becomes Deceptive: Analyzing Petition-Signer Inadvertence Post-Cambell, Melissa English, Daisy Gray
Alaska Law Review
In 2010, the Alaska supreme court held that a legally deficient petition summary of a ballot initiative could be corrected and put on the ballot without being recirculated for signatures. The Parental Involvement Initiative at the root of the litigation would prohibit doctors from performing abortions for unemancipated minor women who had not provided notice to or obtained consent from a parent. After the petition was circulated for signatures, the supreme court determined that omissions of fact in the petition summary rendered the summary inaccurate and therefore deficient. However, the court refused to require that the initiative sponsors recirculate the …
Keynote Address: Alaskan Election Law In 2020, Erwin Chemerinsky
Keynote Address: Alaskan Election Law In 2020, Erwin Chemerinsky
Alaska Law Review
No abstract provided.
Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar
Alaska’S Ballot Initiative Today: History, Practice, And Process, Elizabeth M. Bakalar
Alaska Law Review
Since statehood, Alaska’s Constitution has included the right of the people to enact legislative change by direct democracy. The state’s initiative process as governed by the Alaska Constitution, statutes, and caselaw reflects a delicate balance of citizen participation within carefully crafted guardrails meant to ensure the efficacy of the process and the role of the legislature. Alaska courts have developed a still-evolving body of caselaw interpreting the restrictions on the subject and scope of ballot initiatives, the role of the executive and judicial branches in the initiative process, and the timing and procedural features of the process. Navigating the initiative …
Alaskan Exceptionalism In Campaign Finance, Chad Flanders
Alaskan Exceptionalism In Campaign Finance, Chad Flanders
Alaska Law Review
This article argues that Alaska’s efforts in campaign finance reform are closely tied to a philosophy of “Alaskan Exceptionalism”: the view that Alaska is fundamentally different from other states. A recent decision from the Supreme Court, Thompson v. Hebdon , may, however, weaken Alaska’s right to justify its reforms through an “exceptionalist” lens. The same decision suggests the Supreme Court is further narrowing its campaign finance jurisprudence more generally. Without these campaign finance limits, Alaskan politics may continue to be dominated by the oil and gas industry, the very problem those limits sought to address in the first place
Unlocking The Ballot: The Past, Present, And Future Of Alaska Native Voting Rights, Zachary R. Kaplan
Unlocking The Ballot: The Past, Present, And Future Of Alaska Native Voting Rights, Zachary R. Kaplan
Alaska Law Review
Racial oppression in American democracy is older than America itself. While most existing scholarship focuses on the historical disenfranchisement of Black and Latinx voters, this Note tells the story of the voting rights of a smaller, but still noteworthy marginalized American community: Alaska Natives. By contextualizing the history of Alaska Native disenfranchisement within the broader national landscape, this Note seeks to illuminate the ways in which the Alaska Native experience is similar to, and unique from, the experiences of other marginalized American communities. Although this history and present are rife with troubling discrimination, inequity, and non-compliance, this Note is ultimately …
Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski
Retaining Judicial Independence: Solutions To Increasing Threats To Alaska’S Judicial Merit System, Ryan Kuchinski
Alaska Law Review
While the judicial merit system in Alaska has effectively balanced accountability with the competing need for independence in the judiciary, the growing trend of politicized retention elections threatens that independence. This Note examines the threat to the Alaskan judicial merit system, argues for the importance of protecting an independent judiciary, and proposes a number of potential solutions to reform or replace the current retention election system.
Goodbye Yellow Brick Road: Enfranchisement Among Native American Voters And Nick V. Bethel, Kristen M. Renberg
Goodbye Yellow Brick Road: Enfranchisement Among Native American Voters And Nick V. Bethel, Kristen M. Renberg
Alaska Law Review
This Comment documents the limited impact of Nick v. Bethel and proposes legislative and electoral reforms to increase enfranchisement among Alaska Natives. The Voting Rights Act (VRA) of 1965 made significant progress in protecting minority voting rights. In 2007, a federal district court interpreted the “historically unwritten” exemption in Section 203 of the VRA for the first time in Nick. While the court found Yup’ik to be historically unwritten, the court also reasoned that written translations of election materials should be prepared in order to ensure that oral translations were effective in accommodating voters. The state responded through various actions …
How Should Alaskans Choose?: The Debate Over Ranked Choice Voting, Angela Sbano
How Should Alaskans Choose?: The Debate Over Ranked Choice Voting, Angela Sbano
Alaska Law Review
In November 2020, Alaskan voters will decide whether or not they will adopt a Ranked Choice Voting system for elections within their state. While the move would be an unprecedented one for the state, the state of Maine and cities across the country have already adopted Ranked Choice Voting in recent years. The electoral system of Ranked Choice Voting in the United States has seen city-wide adoption, mass repeal, and renewed interest and support over the last century. Proponents hail its ability to improve representation and campaign civility, while opponents point out its complexity and potential to decrease voter turnout. …
Two Decades Of Corporate Criminal Enforcement, Samuel W. Buell, Brandon L. Garrett
Two Decades Of Corporate Criminal Enforcement, Samuel W. Buell, Brandon L. Garrett
Law and Contemporary Problems
No abstract provided.
Retiring Corporate Retribution, Samuel W. Buell
Retiring Corporate Retribution, Samuel W. Buell
Law and Contemporary Problems
No abstract provided.
Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer
Three Conceptions Of Corporate Crime (And One Avenue For Reform), Miriam H. Baer
Law and Contemporary Problems
No abstract provided.
Using The Corporate Prosecution And Sentencing Model For Individuals: The Case For A Unified Federal Approach, Rachel E. Barkow
Using The Corporate Prosecution And Sentencing Model For Individuals: The Case For A Unified Federal Approach, Rachel E. Barkow
Law and Contemporary Problems
No abstract provided.
Testing Compliance, Brandon L. Garrett, Gregory Mitchell
Testing Compliance, Brandon L. Garrett, Gregory Mitchell
Law and Contemporary Problems
No abstract provided.
Some Realism About Corporate Crime, James D. Nelson
Some Realism About Corporate Crime, James D. Nelson
Law and Contemporary Problems
No abstract provided.
The Government’S Prioritization Of Information Over Sanction: Implications For Compliance, Veronica Root Martinez
The Government’S Prioritization Of Information Over Sanction: Implications For Compliance, Veronica Root Martinez
Law and Contemporary Problems
No abstract provided.
The Body Corporate, Mihailis E. Diamantis
The Body Corporate, Mihailis E. Diamantis
Law and Contemporary Problems
No abstract provided.