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Duke Law

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2005

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Articles 1 - 30 of 103

Full-Text Articles in Law

Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman Dec 2005

Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman

Faculty Scholarship

No abstract provided.


The Year In Review 2004: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit Jun 2005

The Year In Review 2004: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.


Uncovering The Invisible Profile Of Medical Malpractice Litigation: Insights From Florida, Neil Vidmar, Paul Lee, Kara Mackillop, Kieran Mccarthy, Gerald Mcgwin Jan 2005

Uncovering The Invisible Profile Of Medical Malpractice Litigation: Insights From Florida, Neil Vidmar, Paul Lee, Kara Mackillop, Kieran Mccarthy, Gerald Mcgwin

Faculty Scholarship

No abstract provided.


Book Review: Fairness Vs. Welfare, Matthew D. Adler Jan 2005

Book Review: Fairness Vs. Welfare, Matthew D. Adler

Faculty Scholarship

Reviewing Louis Kaplow & Steven Shavell, Fairness versus Welfare (2002)


Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar Jan 2005

Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar

Faculty Scholarship

A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.


Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper Jan 2005

Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper

Faculty Scholarship

No abstract provided.


Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …


How Much Does Money Matter In A Direct Democracy?, John M. De Figueiredo Jan 2005

How Much Does Money Matter In A Direct Democracy?, John M. De Figueiredo

Faculty Scholarship

No abstract provided.


Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty Jan 2005

Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This is an edited version of a debate held at Columbia Law School on February 21, 2005.


Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams Jan 2005

Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams

Faculty Scholarship

When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This Article argues that the Page Law was not a minor statute targeting a narrow class of criminals, but rather an attempt to prevent Chinese women in general from immigrating to the United States. Most Chinese women migrating to the United States in the early 1870s were …


Rien Ne Va Plus? Distinguishing Domestic Regulation From Market Access In Gatt And Gats, Joost H. B. Pauwelyn Jan 2005

Rien Ne Va Plus? Distinguishing Domestic Regulation From Market Access In Gatt And Gats, Joost H. B. Pauwelyn

Faculty Scholarship

Depending on how one classifies market intervention, trade liberalization disciplines can be lenient or strict. Perhaps the most important distinction in this respect is that between government intervention labeled as a "market access restriction" and that defined as "domestic regulation." Both the GATT and the GATS declare market access restrictions (such as import quotas or limitations on the number of service suppliers) to be, in principle, prohibited. In contrast, domestic regulations (such as internal taxes, health standards, and safety requirements) are treated with much more deference. They are, in essence, only prohibited when discriminatory or more trade restrictive than necessary. …


Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas Jan 2005

Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas

Faculty Scholarship

In a pilot study we published two years ago, we reported that nearly two-thirds of the institutional investors with financial losses in 53 settled securities class actions fail to submit claims. As a consequence of this failure substantial sums they were entitled to receive were given to others. This article presents the results of a much more extensive investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a much larger set of settlements with the results of a survey of institutional investors about their claims filing practices. Consistent …


Open And Collaborative Research: A New Model For Biomedicine, Arti K. Rai Jan 2005

Open And Collaborative Research: A New Model For Biomedicine, Arti K. Rai

Faculty Scholarship

The advent of open source software has prompted some theoretical speculation about the applicability of open source production principles to biomedical research. This paper moves beyond theoretical analysis into an empirical examination of biomedical research projects that operate under what might be called an "open and collaborative" model. Open and collaborative projects represent a fresh approach to biomedicine in that they not only disavow its exclusionary behavior but they also reject its small-lab based structure. The paper argues that open and collaborative biomedical research represents a promising experiment. Not only has it produced software and genomic data that is usable, …


Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr. Jan 2005

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.

Faculty Scholarship

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina's civil enforcement legislation and the present law's strengths and weaknesses. The author suggests an ideal model anti-cruelty civil remedies statute.


The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz Jan 2005

The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai Jan 2005

Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai

Faculty Scholarship

No abstract provided.


The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie Jan 2005

The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie

Faculty Scholarship

In Hoffman Plastic Compounds v. NLRB, 535 U.S. 137 (2002), the United States Supreme Court held that undocumented workers are not entitled to remedies for violations of their rights to unionize under the National Labor Relations Act. The majority of the Court viewed enforcement of immigration policy prohibiting employment of undocumented workers as more important than protecting the labor rights of both undocumented workers and their U.S. citizen co-workers who join their efforts to improve working conditions. The chapter explores the origins of the case in a minimum-wage factory in Los Angeles, the surprising turn of events when the illegally …


The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman Jan 2005

The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.


A Prescription For Perilous Times (Reviewing Geoffrey R. Stone, Perilous Times: Free Speech In War Time From The Sedition Act Of 1798 To The War On Terrorism (2004)), Neil S. Siegel Jan 2005

A Prescription For Perilous Times (Reviewing Geoffrey R. Stone, Perilous Times: Free Speech In War Time From The Sedition Act Of 1798 To The War On Terrorism (2004)), Neil S. Siegel

Faculty Scholarship

In this Essay, I argue that Professor Stone has written an important work of constitutional history, not only because of what he has to say, but also because of the time in which he says it. The tragedy of September 11, 2001 generated reactions by every branch of the federal government, as well as by the general public and a host of public-regarding institutions in American society. Each of those reactions has implicated the balance between liberty and security that historically has been tested in this country during times of crisis. 'Perilous Times' lucidly conveys the nation's accumulated lessons of …


Detentions Without Due Process Of Law Following September 11th, Erwin Chemerinsky Jan 2005

Detentions Without Due Process Of Law Following September 11th, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Knowledge Work: New Metaphors For The New Economy, Catherine Fisk Jan 2005

Knowledge Work: New Metaphors For The New Economy, Catherine Fisk

Faculty Scholarship

No abstract provided.


The Diversity Rationale: A Problematic Solution, Trina Jones Jan 2005

The Diversity Rationale: A Problematic Solution, Trina Jones

Faculty Scholarship

No abstract provided.


The European Union’S New Ambitions, Francesca E. Bignami Jan 2005

The European Union’S New Ambitions, Francesca E. Bignami

Faculty Scholarship

No abstract provided.


Teaching Property Stories (Book Review), Laura S. Underkuffler Jan 2005

Teaching Property Stories (Book Review), Laura S. Underkuffler

Faculty Scholarship

Reviewing Property Stories (Gerald Korngold & Andrew P. Morris eds., 2004))


Terrorism: The Politics Of Prosecution, Madeline Morris Jan 2005

Terrorism: The Politics Of Prosecution, Madeline Morris

Faculty Scholarship

No abstract provided.


What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez Jan 2005

What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.


Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.


Foreign Law And The Denominator Problem, Ernest A. Young Jan 2005

Foreign Law And The Denominator Problem, Ernest A. Young

Faculty Scholarship

No abstract provided.


Teaching National Security Law, Scott L. Silliman Jan 2005

Teaching National Security Law, Scott L. Silliman

Faculty Scholarship

No abstract provided.


The Transformation Of World Trade, Joost H. B. Pauwelyn Jan 2005

The Transformation Of World Trade, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.