Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 24 of 24
Full-Text Articles in Law
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
Intention, Interpretation, And Stories, Jane B. Baron
Intention, Interpretation, And Stories, Jane B. Baron
Duke Law Journal
No abstract provided.
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
Duke Law Journal
No abstract provided.
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Law and Contemporary Problems
The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.
Ec Maritime Transport Policy And Regulation, Rosa Greaves
Ec Maritime Transport Policy And Regulation, Rosa Greaves
Duke Journal of Comparative & International Law
No abstract provided.
Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig
Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig
Duke Law Journal
No abstract provided.
A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss
A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss
Alaska Law Review
No abstract provided.
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Duke Law Journal
No abstract provided.
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Duke Law Journal
No abstract provided.
Re-Inventing Rulemaking, E. Donald Elliott
The Rulemaking Continuum, Peter L. Strauss
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Duke Law Journal
No abstract provided.
Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier
Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier
Duke Journal of Comparative & International Law
No abstract provided.
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Duke Law Journal
No abstract provided.
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Law and Contemporary Problems
Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Law and Contemporary Problems
Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.
On The Economic Realities Of The European Social Charter And The Social Dimension Of The Ec 1992, Leonard Bierman, Gerald D. Keim
On The Economic Realities Of The European Social Charter And The Social Dimension Of The Ec 1992, Leonard Bierman, Gerald D. Keim
Duke Journal of Comparative & International Law
No abstract provided.
Eec Treaty Articles Fifty-Nine And Its Implications For Conflicts Law In The Field Of Insurance Contracts, Wulf-Henning Roth
Eec Treaty Articles Fifty-Nine And Its Implications For Conflicts Law In The Field Of Insurance Contracts, Wulf-Henning Roth
Duke Journal of Comparative & International Law
No abstract provided.
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Law and Contemporary Problems
The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter
Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter
Duke Environmental Law & Policy Forum
No abstract provided.
What’S Good For The Goose Is Good For The Gander: A Plea For Congress To Amend The National Environmental Policy Act To Apply To The Extraterritorial Actions Of The Federal Government, Michelle B. Nowlin
Duke Environmental Law & Policy Forum
No abstract provided.
Elaboration Of Norms And The Protection Of The Environment, Gunter Heine
Elaboration Of Norms And The Protection Of The Environment, Gunter Heine
Duke Environmental Law & Policy Forum
No abstract provided.
The 1990 Clean Air Act Amendments: Silk Purse Or Sow’S Ear?, Curtis A. Moore
The 1990 Clean Air Act Amendments: Silk Purse Or Sow’S Ear?, Curtis A. Moore
Duke Environmental Law & Policy Forum
No abstract provided.