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Full-Text Articles in Law

Cybersieves, Derek E. Bambauer Dec 2009

Cybersieves, Derek E. Bambauer

Duke Law Journal

This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China's Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by nations' different value judgments about what content is unacceptable. Countries differ not in their intent to censor material-from political dissent in Iran to copyrighted songs in America-but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet ...


The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt Dec 2009

The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt

Duke Law Journal

The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the ...


Merit Selection And Performance Evaluation Of Alaska’S Judges, Teresa W. Carns Dec 2009

Merit Selection And Performance Evaluation Of Alaska’S Judges, Teresa W. Carns

Alaska Law Review

No abstract provided.


Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik Nov 2009

Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik

Duke Law Journal

Globalization has increased international investment activity, but no unified legal framework governs international investments. After several attempts to establish a multilateral investment framework, prospective parties remain unable to reach a consensus on a viable system to address investor and state rights. Developed, capital-exporting states wish to protect their citizens' investments, whereas developing states simultaneously seek to attract investments and maintain regulatory autonomy. In the absence of a comprehensive agreement, bilateral investment treaties serve as the primary legal instruments setting forth the terms of cross-border investments. These treaties often grant private investors the right to file claims before the International Centre ...


Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of, David H. Kaye Oct 2009

Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of, David H. Kaye

Cornell Journal of Law and Public Policy

No abstract provided.


The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson Oct 2009

The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson

Law and Contemporary Problems

No abstract provided.


Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman Aug 2009

Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman

Duke Journal of Gender Law & Policy

[...] I took the bus to my uncle's house. [...] that wasn't the truth, or at least not all of it. Because in the end, there were a million reasons why it hadn't happened to me.


What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet Aug 2009

What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet

Duke Journal of Gender Law & Policy

[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic ...


Excluding Unfit Workers: Social Control Versus Social Justice In The Age Of Economic Reform, David E. Bernstein, Thomas C. Leonard Jul 2009

Excluding Unfit Workers: Social Control Versus Social Justice In The Age Of Economic Reform, David E. Bernstein, Thomas C. Leonard

Law and Contemporary Problems

No abstract provided.


Pitfalls Of Empirical Studies That Attempt To Understand The Factors Affecting Appellate Decisionmaking, Harry T. Edwards, Michael A. Livermore May 2009

Pitfalls Of Empirical Studies That Attempt To Understand The Factors Affecting Appellate Decisionmaking, Harry T. Edwards, Michael A. Livermore

Duke Law Journal

No abstract provided.


A Biological Approach To Understanding Resistance To Apology, Forgiveness, And Reconciliation In Group Conflict, Douglas H. Yarn, Gregory Todd Jones Apr 2009

A Biological Approach To Understanding Resistance To Apology, Forgiveness, And Reconciliation In Group Conflict, Douglas H. Yarn, Gregory Todd Jones

Law and Contemporary Problems

Yarn and Jones introduce a biological approach to understanding resistance to apology, forgiveness, and reconciliation in intergroup conflict. Using evolutionary biology and game theory, they illustrate how the strategic dynamics of dyadic interaction tend to favor these behaviors and derive a schema relevant a reconciliatory cycle. They then explore how the distinct context of intra- and intergroup conflict reinforces these behaviors. Finally, they identify those barriers to individual reconciliation that result from the strategic dynamics of social-group architectures, particularly those that differ from the ancestral social architecture within which individual behavior has evolved. They conclude with a brief application of ...


Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke Apr 2009

Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke

Law and Contemporary Problems

Mnookin and Verbeke describe the nonviolent but very serious conflict in Belgium between the Flemish (Dutch) of the North and the Walloons (French) of the South. The Flemish economy is more prosperous than the Walloon economy, and the Flemish constitute a majority of the Belgian population. Nevertheless, the Walloons enjoy a financial subsidy from the Flemish and share equally in the political power of the nation due to antimajoritarian restrictions built into the government structure. Even though significant and persistent, this conflict remains nonviolent due to several factors, including largely separate geography, language and social structure; a low-stakes conflict; relatively ...


Policy Coordination: The Solicitor General As Amicus Curiae In The First Two Years Of The Roberts Court, Ryan Juliano Apr 2009

Policy Coordination: The Solicitor General As Amicus Curiae In The First Two Years Of The Roberts Court, Ryan Juliano

Cornell Journal of Law and Public Policy

No abstract provided.


Sharing Governance: Family Law In Congress And The States, Ann Laquer Estin Apr 2009

Sharing Governance: Family Law In Congress And The States, Ann Laquer Estin

Cornell Journal of Law and Public Policy

No abstract provided.


The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald Apr 2009

The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald

Cornell Journal of Law and Public Policy

No abstract provided.


Governing Pluralistic Societies, Tom Tyler Apr 2009

Governing Pluralistic Societies, Tom Tyler

Law and Contemporary Problems

Societies can be held together in many ways. Historically, many groups were linked by a common history, common ethnicity, and common religious and social values. These societies shared a unified set of norms dictating right and wrong. Other groups have been held together by charismatic leaders who present a unifying vision, but modern pluralistic society, uniquely, accepts a diversity of views about what is appropriate and reasonable, which makes these forms of authority difficult to enact. The form of authority emerging in western democratic states has been, instead, authority based upon the processes of government: people recognize democratic procedures as ...


The Unforgiving: Reflections On The Resistance To Forgiveness After Atrocity, Thomas Brudholm, Valérie Rosoux Apr 2009

The Unforgiving: Reflections On The Resistance To Forgiveness After Atrocity, Thomas Brudholm, Valérie Rosoux

Law and Contemporary Problems

Brudholm and Rosoux question the ethics of having religious and political leaders call on individual victims to forgive wrongdoing as an aid to group-conflict resolution. Even though a group might strongly desire political stability and peace, these goals should not be obtained at the expense of the needs of the victim. They argue that even when the group strongly desires reconciliation, reconciliation does not necessarily require forgiveness. They also consider several actual examples of resistance with particular concentration on the reflections of two genocide survivors, namely Jean Amery and Esther Mujawayo.


Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke Apr 2009

Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke

Law and Contemporary Problems

Clarke points out some strategies that have been used in the Collaborative Change Approach to group-conflict resolution that are designed to help depolarize the competing sides' stances toward one another. In order to try to break down the hostility between the groups, Clarke brings together each identity or stakeholder group in order to share with one another why each group cares passionately about the issue. Clarke provides the example of a groundfishery conflict that involved recreational fishermen, commercial fishermen, environmentalists, researchers, and government officials. The interests of each of these groups conflicted, but no group had morally problematic motivations or ...


Truth, Understanding, And Repair, E. Franklin Dukes Apr 2009

Truth, Understanding, And Repair, E. Franklin Dukes

Law and Contemporary Problems

Dukes argues that the quest for truth, understanding, and victim-defined repair present more appropriate vehicles for addressing certain cases of severe injustice than might a focus upon apology and forgiveness. In his work, he helps construct conversations among people who often have different and conflicting interests, such that they may gain knowledge--knowledge about one another, about their relationships, and about the issues at stake. He acknowledges that he does focus on helping to build resilient and sustainable communities, but he also insists that productive resolution of some problems can happen in spite of, even because of, the lack of full ...


Comment On Meir Dan-Cohen, Skirmishes On The Temporal Boundaries Of States, John C. P. Goldberg Apr 2009

Comment On Meir Dan-Cohen, Skirmishes On The Temporal Boundaries Of States, John C. P. Goldberg

Law and Contemporary Problems

Goldberg praises Meir Dan-Cohen's creative thinking about state wrongdoing but argues that it is ultimately unclear how a nation gets relieved of responsibility for its past harms. Equally unclear is why as a normative matter nations should be permitted to obtain temporal shifts. Dyadic conflicts that redefine the wrongdoer might be easier to envision because the victim is empowered to redraw the boundary of the wrongdoer. When a nation commits wrong, the justification for redrawing its boundaries often must come from somewhere other than a single victim's forgiveness.


Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher Apr 2009

Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher

Law and Contemporary Problems

Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of ...


Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen Apr 2009

Skirmishes On The Temporal Boundaries Of States, Meir Dan-Cohen

Law and Contemporary Problems

Dan-Cohen shares his views on group conflicts and how wrongdoers--individuals and groups--get past their wrongdoing. He points out that on the individual level the wrongdoer uses apology and remorse to try to redefine herself as a person in such a way that others no longer continue to hold her responsible for her prior bad conduct. In the process of forgiveness, the wrongdoer's personal identity is redefined in such a way that the reactive attitudes of the victim terminate. He asserts that a similar redefinition occurs when the wrongdoing is committed by a nation. He describes this process as one ...


Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams Apr 2009

Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams

Law and Contemporary Problems

Williams describes the Truth and Reconciliation Commission (TRC) process that was put into place in Greensboro NC. That process was set up to address community hostilities that had been festering for more than twenty years, since the 1979 killings of black protesters by Ku Klux Klansmen and American Nazis. In that case a grassroots-initiated TRC was formed to address the community problems, but it was not backed by the local government and it lacked the ability to grant amnesty or to subpoena witnesses. Community members had very different views regarding the necessity and likely helpfulness of the TRC. She concludes ...


Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt Apr 2009

Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt

Duke Law Journal

We investigate the effect of economic conditions on the voting behavior of U.S. Supreme Court Justices. We theorize that Justices are akin to voters in political elections; specifically, we posit that the Justices will view short-term and relatively nit. nor economic downturns-recessions-as attributable to the failures of elected officials, but will consider long-term and extreme economic con tractions-depressions-as the result of exogenous shocks largely beyond the control of the government. Accordingly, we predict two patterns of behavior in economic-related cases that come before the Court: (1) in typical times, when the economy cycles through both recessionary and prosperous periods ...


The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Apr 2009

The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Duke Law Journal

Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.


Probing The Effects Of Judicial Specialization, Lawrence Baum Apr 2009

Probing The Effects Of Judicial Specialization, Lawrence Baum

Duke Law Journal

No abstract provided.


A Response To Professor Ramseyer, Predicting Court Outcomes Through Political Preferences, Michael Boudin Apr 2009

A Response To Professor Ramseyer, Predicting Court Outcomes Through Political Preferences, Michael Boudin

Duke Law Journal

No abstract provided.


Do Judges Think? Comments On Several Papers Presented At The Duke Law Journal’S Conference On Measuring Judges And Justice, Robert Henry Apr 2009

Do Judges Think? Comments On Several Papers Presented At The Duke Law Journal’S Conference On Measuring Judges And Justice, Robert Henry

Duke Law Journal

No abstract provided.


A Response To Professor Knight, Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, H. Jefferson Powell Apr 2009

A Response To Professor Knight, Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, H. Jefferson Powell

Duke Law Journal

No abstract provided.


On Doctors And Judges, Barak Richman Apr 2009

On Doctors And Judges, Barak Richman

Duke Law Journal

No abstract provided.