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Articles 1 - 30 of 12005

Full-Text Articles in Law

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati Jan 2018

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley Jan 2018

U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley

Faculty Scholarship

There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a ...


Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott Nov 2017

Collection Of Cryptocurrency Customer-Information: Tax Enforcement Mechanism Or Invasion Of Privacy?, Austin Elliott

Duke Law & Technology Review

After granting permission to the Internal Revenue Service to serve a digital exchange company a summons for user information, the Federal District Court for the Northern District of California created some uncertainty regarding the privacy of cryptocurrencies. The IRS views this information gathering as necessary for monitoring compliance with Notice 2014-21, which classifies cryptocurrencies as property for tax purposes. Cryptocurrency users, however, view the attempt for information as an infringement on their privacy rights and are seeking legal protection. This Issue Brief investigates the future tax implications of Notice 2014-21 and considers possible routes the cryptocurrency market can take to ...


The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, Mitu Gulati, Robert E. Scott Oct 2017

The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, Mitu Gulati, Robert E. Scott

Duke Law Journal

Rote use of a standard-form contract term can erode its meaning, a phenomenon made worse when the process of encrustation introduces various formulations of the term. When they occur, rote usage and encrustation weaken the communicative properties of boilerplate terms, leading some terms to lose much, if not all, meaning. In theory, if a clause is emptied of meaning, it can create a contractual black hole in which, as the term loses meaning, random variations in language appear and persist. What, then, are the consequences if parties exploit these variations in language by successfully advancing an interpretation the market disavows ...


Polygamous Marriage, Monogamous Divorce, Michael J. Higdon Oct 2017

Polygamous Marriage, Monogamous Divorce, Michael J. Higdon

Duke Law Journal

Could the constitutional right to marry also encompass polygamy? That question, which has long intrigued legal scholars, has taken on even greater significance in the wake of Obergefell v. Hodges. This Article answers that question in a novel way by scrutinizing the practice of plural marriage through the lens of economic game theory, exploring the extreme harms that would befall the state should polygamy become law. More specifically, the Article delves into the ex ante consequences of legalization, not on practicing polygamists (as is typically the focus), but on sequential bigamists—that is, those who never intend to have more ...


This Name Is Your Name: Public Landmarks, Private Trademarks, And Our National Parks, Megan Elaine Ault Oct 2017

This Name Is Your Name: Public Landmarks, Private Trademarks, And Our National Parks, Megan Elaine Ault

Duke Law Journal

To generations of Americans, Yosemite National Park and its landmarks have symbolized the core democratic ideals of the United States—spaces truly owned by the people and open to all. For those who created our national parks, “[t]he purpose of preserving this land was to cultivate a kind of rare experience [they] saw as endangered by a social world that turned every thing, moment, and human being to profit.” It is striking, then, that Yosemite, one of the nation’s first national parks, has become the focus of a battle over whether our landmarks and their names belong to ...


Rule 24 Notwithstanding: Why Article Iii Should Not Limit Intervention Of Right, Zachary N. Ferguson Oct 2017

Rule 24 Notwithstanding: Why Article Iii Should Not Limit Intervention Of Right, Zachary N. Ferguson

Duke Law Journal

The Supreme Court recently decided in Town of Chester v. Laroe Estates, Inc. that intervenors of right under Federal Rule of Civil Procedure 24(a)(2) must demonstrate independent Article III standing when they pursue relief different from that requested by an original plaintiff. This decision resolved, in part, a decades-long controversy among the Courts of Appeals over the proper relationship between Rule 24 intervention and Article III standing that the Court first acknowledged in Diamond v. Charles. But the Court’s narrow decision in Town of Chester hardly disposed of the controversy, and Courts of Appeals are still free ...


Journal Staff Oct 2017

Journal Staff

Duke Law Journal

No abstract provided.


Administrative Rights In Institutional Perspective, Eloise Pasachoff Aug 2017

Administrative Rights In Institutional Perspective, Eloise Pasachoff

Duke Law Journal Online

No abstract provided.


Living Constitutional Theory, Andrew Coan Jun 2017

Living Constitutional Theory, Andrew Coan

Duke Law Journal Online

No abstract provided.


Sports Betting Has An Equal Sovereignty Problem, Ryan M. Rodenberg, John T. Holden Jun 2017

Sports Betting Has An Equal Sovereignty Problem, Ryan M. Rodenberg, John T. Holden

Duke Law Journal Online

No abstract provided.


From Shark Finning To Shark Fishing: A Strategy For The U.S. & Eu To Combat Shark Finning In China & Hong Kong, Jeremy Iloulian Jun 2017

From Shark Finning To Shark Fishing: A Strategy For The U.S. & Eu To Combat Shark Finning In China & Hong Kong, Jeremy Iloulian

Duke Environmental Law & Policy Forum

Globally, the shark population is under extreme stress, primarily due to the rise of China and a growing middle class with a taste for a cultural dish: shark fin soup. Sharks play an important ecologic role and can be extremely beneficial to the local economy. They can also be an important food source for people if harvested sustainably and not in a manner that challenges the morality of humans’ relationship with the ocean; something the current shark finning practices do. Approaches to sustainable shark fishing at the international and domestic level have met some success. Even so, China and Hong ...


Unlocking The “Virtual Cage” Of Wildlife Surveillance, Henry Lininger, Tom Lininger Jun 2017

Unlocking The “Virtual Cage” Of Wildlife Surveillance, Henry Lininger, Tom Lininger

Duke Environmental Law & Policy Forum

The electronic surveillance of wildlife has grown more extensive than ever. For instance, thousands of wolves wear collars transmitting signals to wildlife biologists. Some collars inject wolves with tranquilizers that allow for their immediate capture if they stray outside of the boundaries set by anthropocentric management policies. Hunters have intercepted the signals from surveillance collars and have used this information to track and slaughter the animals. While the ostensible reason for the surveillance programs is to facilitate the peaceful coexistence of humanity and wildlife, the reality is less benign—an outdoor version of Bentham’s Panopticon.

This Article reconceptualizes the ...


Blood Biofuels, Nadia B. Ahmad Jun 2017

Blood Biofuels, Nadia B. Ahmad

Duke Environmental Law & Policy Forum

Modern energy policy aims to ratchet up the manufacture and use of biofuels, i.e. any fuel produced from biological materials. Yet biofuels derived from agricultural crops and residues, wood, forest residues, or other kinds of plant-based biomass feedstocks can be as environmentally and socially devastating as the finite fossil fuel resources they seek to replace. Often overlooked are their globalization impacts on land grabs, food security, greenhouse gas emissions, drought, deforestation, interference with climate change adaption measures, population displacement, desertification, sea level rise, biodiversity, and scalability. These environmental and social consequences result in food shortages, violent conflicts, urban riots ...


Journal Staff Jun 2017

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


There’S Something Fishy In The Mediterranean: The Harmful Impact Of Overfishing On Biodiversity, Aarti Gupta Jun 2017

There’S Something Fishy In The Mediterranean: The Harmful Impact Of Overfishing On Biodiversity, Aarti Gupta

Duke Environmental Law & Policy Forum

No abstract provided.


Consumer Credit In America: Past, Present, And Future, Pamela Foohey, Jim Hawkins, Creola Johnson, Nathalie Martin Jun 2017

Consumer Credit In America: Past, Present, And Future, Pamela Foohey, Jim Hawkins, Creola Johnson, Nathalie Martin

Law and Contemporary Problems

No abstract provided.


Performance-Based Remedies: Ordering Firms To Eradicate Their Own Fraud, Lauren E. Willis Jun 2017

Performance-Based Remedies: Ordering Firms To Eradicate Their Own Fraud, Lauren E. Willis

Law and Contemporary Problems

No abstract provided.


Exploiting Advertising, Jim Hawkins Jun 2017

Exploiting Advertising, Jim Hawkins

Law and Contemporary Problems

No abstract provided.


Addressing The Commercialization Of Business Reputation, David Adam Friedman Jun 2017

Addressing The Commercialization Of Business Reputation, David Adam Friedman

Law and Contemporary Problems

No abstract provided.


“Maximum Possible Accuracy” In Credit Reports, Richard M. Hynes Jun 2017

“Maximum Possible Accuracy” In Credit Reports, Richard M. Hynes

Law and Contemporary Problems

No abstract provided.


Consumer Litigation Funding: Just Another Form Of Payday Lending?, Paige Marta Skiba, Jean Xiao Jun 2017

Consumer Litigation Funding: Just Another Form Of Payday Lending?, Paige Marta Skiba, Jean Xiao

Law and Contemporary Problems

No abstract provided.


What Communities Can Do To Rein In Payday Lending: Strategies For Successful Local Ordinance Campaigns Through A Texas Lens, Nathalie Martin, Robert N. Mayer Jun 2017

What Communities Can Do To Rein In Payday Lending: Strategies For Successful Local Ordinance Campaigns Through A Texas Lens, Nathalie Martin, Robert N. Mayer

Law and Contemporary Problems

No abstract provided.


Calling On The Cfpb For Help: Telling Stories And Consumer Protection, Pamela Foohey Jun 2017

Calling On The Cfpb For Help: Telling Stories And Consumer Protection, Pamela Foohey

Law and Contemporary Problems

No abstract provided.


Journal Staff Jun 2017

Journal Staff

Law and Contemporary Problems

No abstract provided.


Prosecuting Creditors And Protecting Consumers: Cracking Down On Creditors That Extort Via Debt Criminalization Practices, Creola Johnson Jun 2017

Prosecuting Creditors And Protecting Consumers: Cracking Down On Creditors That Extort Via Debt Criminalization Practices, Creola Johnson

Law and Contemporary Problems

No abstract provided.


The Asymmetry Of Crimes By And Against Police Officers, Monu Bedi Jun 2017

The Asymmetry Of Crimes By And Against Police Officers, Monu Bedi

Duke Law Journal Online

Crimes by and against police officers during the performance of their duties are treated differently. If a police officer unlawfully harms a citizen, regular assault or homicide charges apply, whereas if a citizen unlawfully harms a police officer, aggravated assault or homicide charges apply. The enhancement stems from the fact that the citizen interfered with police activity. No one would dispute that states have a special interest in protecting this kind of important state-sanctioned behavior. But do they not also have an equal interest in deterring its abuse through commensurate charges?

This Essay is the first to tackle this asymmetry ...


Separate And Legally Unequal – How The Demonization Of Immigrants Affects United States Policy, Laura A. Hernández Jun 2017

Separate And Legally Unequal – How The Demonization Of Immigrants Affects United States Policy, Laura A. Hernández

Duke Forum for Law & Social Change

No abstract provided.


Racial Disparities In Traffic Stop Outcomes, Frank R. Baumgartner, Leah Christiani, Derek A. Epp, Kevin Roach, Kelsey Shoub Jun 2017

Racial Disparities In Traffic Stop Outcomes, Frank R. Baumgartner, Leah Christiani, Derek A. Epp, Kevin Roach, Kelsey Shoub

Duke Forum for Law & Social Change

No abstract provided.


A Human Rights Based Approach To Refugees: A Look At The Syrian Refugee Crisis And The Responses From Germany And The United States, Suman Momin Jun 2017

A Human Rights Based Approach To Refugees: A Look At The Syrian Refugee Crisis And The Responses From Germany And The United States, Suman Momin

Duke Forum for Law & Social Change

No abstract provided.