Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Duke Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 12226

Full-Text Articles in Law

Finding Law, Stephen E. Sachs Jan 2019

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


Foreword: Altruism, Community, And Markets, Kimberly D. Krawiec, Julia D. Mahoney, Sally L. Satel Jun 2018

Foreword: Altruism, Community, And Markets, Kimberly D. Krawiec, Julia D. Mahoney, Sally L. Satel

Law and Contemporary Problems

No abstract provided.


Journal Staff Jun 2018

Journal Staff

Law and Contemporary Problems

No abstract provided.


Moral Nimby-Ism? Understanding Societal Support For Monetary Compensation To Plasma Donors In Canada, Nicola Lacetera, Mario Macis Jun 2018

Moral Nimby-Ism? Understanding Societal Support For Monetary Compensation To Plasma Donors In Canada, Nicola Lacetera, Mario Macis

Law and Contemporary Problems

No abstract provided.


Beyond Nature? Genomic Modification And The Future Of Humanity, Julia D. Mahoney, Gil Siegal Jun 2018

Beyond Nature? Genomic Modification And The Future Of Humanity, Julia D. Mahoney, Gil Siegal

Law and Contemporary Problems

No abstract provided.


Public Programs, Private Financing, Margaret H. Lemos, Guy-Uriel Charles Jun 2018

Public Programs, Private Financing, Margaret H. Lemos, Guy-Uriel Charles

Law and Contemporary Problems

No abstract provided.


If We Allow Football Players And Boxers To Be Paid For Entertaining The Public, Why Don’T We Allow Kidney Donors To Be Paid For Saving Lives?, Philip J. Cook, Kimberly D. Krawiec Jun 2018

If We Allow Football Players And Boxers To Be Paid For Entertaining The Public, Why Don’T We Allow Kidney Donors To Be Paid For Saving Lives?, Philip J. Cook, Kimberly D. Krawiec

Law and Contemporary Problems

No abstract provided.


Cheap Sentiment, Claire A. Hill Jun 2018

Cheap Sentiment, Claire A. Hill

Law and Contemporary Problems

No abstract provided.


The Trouble With Gig Talk: Choice Of Narrative And The Worker Classification Fights, Shu-Yi Oei Jun 2018

The Trouble With Gig Talk: Choice Of Narrative And The Worker Classification Fights, Shu-Yi Oei

Law and Contemporary Problems

No abstract provided.


Health And Housing: Altruistic Medicalization Of America’S Affordability Crisis, Dayna Bowen Matthew Jun 2018

Health And Housing: Altruistic Medicalization Of America’S Affordability Crisis, Dayna Bowen Matthew

Law and Contemporary Problems

No abstract provided.


Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman Jun 2018

Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman

Law and Contemporary Problems

No abstract provided.


Journal Staff Jun 2018

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Impact Investment In Marine Conservation, Nicholas Pascal, Angelique Brathwaite, Tanya Bryan, Maxime Philip, Melissa Walsh Jun 2018

Impact Investment In Marine Conservation, Nicholas Pascal, Angelique Brathwaite, Tanya Bryan, Maxime Philip, Melissa Walsh

Duke Environmental Law & Policy Forum

No abstract provided.


Trouble In The Caribbean: Responses To A Potential Chinese-Bahamian Bilateral Fishing Agreement, Kyle Elliott Jun 2018

Trouble In The Caribbean: Responses To A Potential Chinese-Bahamian Bilateral Fishing Agreement, Kyle Elliott

Duke Environmental Law & Policy Forum

As of 2011, the Caribbean Sea was one of the only fisheries unoccupied by China’s Distant Water Fleet (DWF). However, in 2016, officials from the People’s Republic of China and the Bahamas discussed a proposal for a bilateral commercial fishing agreement in Bahamian waters. An official agreement was never proposed, but given the notoriety of China’s DFW and the Bahamas’ monitoring and enforcement problems, such an agreement could have devastating impacts on the Caribbean fishery.

The proposal received international criticism from fishermen, scientists, and politicians, demonstrating the perennial conflict between the global commercial fishing industry and those ...


An Innovative, Collaborative Approach To Addressing The Sources Of Marine Debris In North Carolina, Talia Sechley, Michelle Nowlin Jun 2018

An Innovative, Collaborative Approach To Addressing The Sources Of Marine Debris In North Carolina, Talia Sechley, Michelle Nowlin

Duke Environmental Law & Policy Forum

No abstract provided.


At The Intersection Of Science & Policy: International Shark Conservation & Management, Andrew M. Futerman Jun 2018

At The Intersection Of Science & Policy: International Shark Conservation & Management, Andrew M. Futerman

Duke Environmental Law & Policy Forum

No abstract provided.


How One California Aquarium Is Developing An Ocean Conservation Strategy With Global Impact, Margaret Spring Jun 2018

How One California Aquarium Is Developing An Ocean Conservation Strategy With Global Impact, Margaret Spring

Duke Environmental Law & Policy Forum

This article discusses the ways in which the Monterey Bay Aquarium is pursuing its mission “to inspire conservation of the ocean”—including and beyond its visitor programs and education initiatives. The Aquarium is reshaping the global seafood supply chain by integrating its scientific research with the Aquarium’s growing influence in ocean policy. With the world’s life-sustaining aquatic ecosystems in decline, there is no time to lose.


Tax Law And The Eroding Budget Process, Rebecca M. Kysar Jun 2018

Tax Law And The Eroding Budget Process, Rebecca M. Kysar

Law and Contemporary Problems

No abstract provided.


The Tax Legislative Process: A Byrd’S Eye View, Ellen P. Aprill, Daniel J. Hemel Jun 2018

The Tax Legislative Process: A Byrd’S Eye View, Ellen P. Aprill, Daniel J. Hemel

Law and Contemporary Problems

No abstract provided.


Leaving It Up To Treasury: Congressional Abdication On Major Policy Issues In The Early Years Of The Income Tax, Lawrence A. Zelenak Jun 2018

Leaving It Up To Treasury: Congressional Abdication On Major Policy Issues In The Early Years Of The Income Tax, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


“Who Speaks For Tax Equity And Tax Fairness?” The Emergence Of The Organized Tax Bar And The Dilemmas Of Professional Responsibility, Joseph J. Thorndike, Ajay K. Mehrotra Jun 2018

“Who Speaks For Tax Equity And Tax Fairness?” The Emergence Of The Organized Tax Bar And The Dilemmas Of Professional Responsibility, Joseph J. Thorndike, Ajay K. Mehrotra

Law and Contemporary Problems

No abstract provided.


Journal Staff Jun 2018

Journal Staff

Law and Contemporary Problems

No abstract provided.


The State Of America’S Tax Institutions, Victor Fleischer Jun 2018

The State Of America’S Tax Institutions, Victor Fleischer

Law and Contemporary Problems

No abstract provided.


Foreword: The Past, Present, And Future Of The Federal Tax Legislative Process, George K. Yin, Lawrence A. Zelenak Jun 2018

Foreword: The Past, Present, And Future Of The Federal Tax Legislative Process, George K. Yin, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


Legislative Entrenchment And Federal Fiscal Policy, Michael Doran Jun 2018

Legislative Entrenchment And Federal Fiscal Policy, Michael Doran

Law and Contemporary Problems

No abstract provided.


Crafting Structural Tax Legislation In A Highly Polarized Congress, George K. Yin Jun 2018

Crafting Structural Tax Legislation In A Highly Polarized Congress, George K. Yin

Law and Contemporary Problems

No abstract provided.


The “Invisible Government” And Conservative Tax Lobbying 1935–1936, Marjorie E. Kornhauser Jun 2018

The “Invisible Government” And Conservative Tax Lobbying 1935–1936, Marjorie E. Kornhauser

Law and Contemporary Problems

No abstract provided.


Acknowledgments Jun 2018

Acknowledgments

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Abolishing Death, Renee Knake Jun 2018

Abolishing Death, Renee Knake

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Comments On An Amendment To Repeal The Natural Born Citizen Clause, Darrell A. H. Miller Jun 2018

Comments On An Amendment To Repeal The Natural Born Citizen Clause, Darrell A. H. Miller

Duke Journal of Constitutional Law & Public Policy

No abstract provided.