Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (31)
- Intellectual Property Law (18)
- Environmental Law (13)
- Social and Behavioral Sciences (11)
- Courts (8)
-
- Science and Technology Law (8)
- Criminal Law (7)
- International Law (6)
- Evidence (5)
- Jurisdiction (5)
- Law and Politics (5)
- Human Rights Law (4)
- Judges (4)
- Public Affairs, Public Policy and Public Administration (4)
- Contracts (3)
- International Trade Law (3)
- Law and Society (3)
- Legislation (3)
- Life Sciences (3)
- Torts (3)
- Administrative Law (2)
- Arts and Humanities (2)
- Biotechnology (2)
- Business (2)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Criminology and Criminal Justice (2)
- Keyword
-
- General (17)
- External debts (16)
- Employment discrimination (15)
- Economic aspects (14)
- External debt relief (14)
-
- International law (13)
- Evaluation (12)
- Sovereign debt (10)
- State succession (10)
- Women (10)
- Cruelty to animals (9)
- Intellectual property (8)
- Patents & Technology (8)
- Race discrimination (8)
- Sexual harassment (8)
- Behavior (7)
- Clothing and dress (7)
- Constitutional law (7)
- Human rights (7)
- Law (7)
- Livestock industry (7)
- Sex discrimination (7)
- Sex discrimination against women (7)
- Stereotypes (7)
- Supreme Court decisions (7)
- Animal rights movement (6)
- Armed forces (6)
- Equality before the law (6)
- Extinguishment of debts (6)
- Judicial process (6)
- Publication
- Publication Type
Articles 1 - 30 of 320
Full-Text Articles in Law
Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey
Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey
Duke Law & Technology Review
When a domain name is registered, the registrant is given five days to cancel for a full refund. While the purpose of this grace period is to protect those who innocently err in the registration process, speculators have taken advantage of the grace period through a process called "domain tasting." These "domain tasters" register hundreds of thousands of domain names and cancel the vast majority of them within the five-day grace period, keeping only those that may be valuable as placeholder advertising websites or to holders of trademark rights. This iBrief will outline the "domain tasting" process, analyze why it …
A Sexual Relationship, Did We Have One? A Review Of The Definition Of “Sexual Relationship” Within The Context Of Alaska’S Domestic Violence Laws, Beth Goldstein Lewis Trimmer
A Sexual Relationship, Did We Have One? A Review Of The Definition Of “Sexual Relationship” Within The Context Of Alaska’S Domestic Violence Laws, Beth Goldstein Lewis Trimmer
Alaska Law Review
No abstract provided.
Still Square Pegs In Round Holes? A Look At Ancsa Corporations, Corporate Governance, And Indeterminate Form Or Operation Of Legal Entities, Douglas M. Branson
Still Square Pegs In Round Holes? A Look At Ancsa Corporations, Corporate Governance, And Indeterminate Form Or Operation Of Legal Entities, Douglas M. Branson
Alaska Law Review
No abstract provided.
Standing Up To Legislative Bullies: Separation Of Powers, State Courts And Educational Rights, Sonja Ralston Elder
Standing Up To Legislative Bullies: Separation Of Powers, State Courts And Educational Rights, Sonja Ralston Elder
Duke Law Journal
The separation of powers doctrine creates a strong presumption in favor of judicial deference to legislative policy determinations. This doctrine was developed for federal courts, however, and does not apply with identical force to state courts enforcing state constitutional rights. This Note examines rationales for the separation of powers doctrine and their potential application to state courts. After concluding that deference should be more limited in state courts, it then applies this conclusion to educational rights, which are frequently at risk due to political market failures. By examining case studies of constitutionally based education litigation in seven states, this Note …
The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt
The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt
Duke Law Journal
No abstract provided.
Note From The Editor, Mauricio Almar
Preemption Of State Wildlife Law In Alaska: Where, When, And Why, Julie Lurman, Sanford P. Rabinowitch
Preemption Of State Wildlife Law In Alaska: Where, When, And Why, Julie Lurman, Sanford P. Rabinowitch
Alaska Law Review
No abstract provided.
The Crab Fisherman And His Children: A Constitutional Compass For The Non-Offending Parent In Child Protection Cases, Angela Greene
The Crab Fisherman And His Children: A Constitutional Compass For The Non-Offending Parent In Child Protection Cases, Angela Greene
Alaska Law Review
No abstract provided.
Is The Office Closed? The Role Of The Office Of Victims’ Rights After Cooper V. District Court, Richard Allen
Is The Office Closed? The Role Of The Office Of Victims’ Rights After Cooper V. District Court, Richard Allen
Alaska Law Review
No abstract provided.
Mixed-Motives For Firing Employees: Alaska’S Inconsistent Standards And Its Failure To Follow The Changing Federal Tide, Brianne Schwanitz
Mixed-Motives For Firing Employees: Alaska’S Inconsistent Standards And Its Failure To Follow The Changing Federal Tide, Brianne Schwanitz
Alaska Law Review
No abstract provided.
The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman
The Legal Ethics Of Pediatric Research, Doriane Lambelet Coleman
Duke Law Journal
Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are …
Judicial Discretion And The Bankruptcy Abuse Prevention Act, Lauren E. Tribble
Judicial Discretion And The Bankruptcy Abuse Prevention Act, Lauren E. Tribble
Duke Law Journal
Generally, Chapter 7 bankruptcy is available to only the most desperate individual debtors who do not have the means to pay their creditors back over time. Before 2005, the Bankruptcy Code gave judges discretion to decide which debtors were eligible for Chapter 7. The Bankruptcy Abuse Prevention Act, however, curtails this discretion, mandating that judges use a rigid means test to determine when a debtor is allowed to file. This Note argues that it was a poor decision to foreclose judicial discretion with the means test. It then proposes a compromise between the means test approach and the old standard.
The Competing Paradigms Of Securities Regulation, James J. Park
The Competing Paradigms Of Securities Regulation, James J. Park
Duke Law Journal
Although the securities industry is primarily regulated by specific rules, it is also governed by general principles. When conduct violates a rule, the regulatory response is obvious-enforce the rule. The issue is more difficult when conduct does not violate a rule but violates a principle. A regulator can excuse the conduct on the ground that the law is unclear and prohibit the conduct going forward through rulemaking. Or, the regulator can punish the conduct through what I call a "principles-based" enforcement action. Since 2002, there has been a surge of principles-based enforcement actions, provoking criticism that regulators are engaging in …
Unionizing Ncaa Division I Athletics: A Viable Solution?, Rohith A. Parasuraman
Unionizing Ncaa Division I Athletics: A Viable Solution?, Rohith A. Parasuraman
Duke Law Journal
This Note considers whether college athletes-specifically Division I football and men's basketball players-can utilize the protections of the National Labor Relations Act to form unions. The Note examines the history of the National Collegiate Athletic Association, considers whether National Labor Relations Board jurisprudence allows the application of the NLRA to college athletics, and evaluates the potential consequences of the NLRB certifying a union of college athletes. The Note argues that the NLRB should not allow college athletes to unionize, but should instead let Congress decide whether college athletes are "employees" under the NLRA, and, if so, how they should be …
Operation Restoration: How Can Patent Holders Protect Themselves From Medimmune?, Stephanie Chu
Operation Restoration: How Can Patent Holders Protect Themselves From Medimmune?, Stephanie Chu
Duke Law & Technology Review
The Supreme Court’s recent decision in MedImmune v. Genentech shifts the balance of power in license agreements from patent holders to their licensees. This iBrief outlines the potential implications of the new rules on all stages of patent prosecution and protection. Further, it evaluates remedial contract provisions patent holders may include in future license agreements and how these provisions may mitigate the decision’s effects on preexisting commercial relationships.
Medimmune, Inc. V. Genentech, Inc.: A Patent Licensee Does Not Need To Terminate Or Breach A License Agreement In Order To Challenge Its Validity Or Enforceability, C. Tyler Ohanian
Duke Journal of Constitutional Law & Public Policy Sidebar
MedImmune, Inc. v. Genentech, Inc. asks whether Article III's restriction on the jurisdiction of the federal courts only to "cases" and "controversies," as required by the "actual controversy" limitation of the Declaratory Judgment Act, necessitates that a patent licensee terminate or breach its license agreement before seeking a declaratory judgment to hold the underlying patent invalid, unenforceable, or not infringed. Breaking with the Court of Appeals for the Federal Circuit, the MedImmune majority clearly establishes a patent licensee's legal right to challenge the validity and enforceability of a patent without actually breaching or terminating the underlying licensing agreement for the …
Cunningham V. California, Christopher P. Raab
Cunningham V. California, Christopher P. Raab
Duke Journal of Constitutional Law & Public Policy Sidebar
In Cunningham v. California, the United States Supreme Court voted 6-3 to invalidate California's determinate sentencing law ("DSL") as violative of the Sixth and Fourteenth Amendments. The Court held that, notwithstanding the California Supreme Court's determination to the contrary, the DSL conflicted with prior Supreme Court precedent "by placing sentence-elevating factfinding within the judge's province," thereby "violat[ing] a defendant's right to trial by jury safeguarded by the Sixth and Fourteenth Amendments."
Carey V. Musladin: A Commentary On What Is Not Prejudicial, Christopher Donadio
Carey V. Musladin: A Commentary On What Is Not Prejudicial, Christopher Donadio
Duke Journal of Constitutional Law & Public Policy Sidebar
In a 9-0 decision, the United States Supreme Court refused to find that a California state court had acted "contrary to, or involved an unreasonable application of, clearly established Federal law," when that court found that it was not prejudicial for trial audience members to wear buttons with the image of the defendant's alleged murder victim. The Court relied upon the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and its previous rulings in Estelle v. Williams and Holbrook v. Flynn, earlier cases that defined certain actions as prejudicial to a defendant in a court of law. The Court …
When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Kristin Sanders Esq.
When Is Enough Too Much? The Broadcast Decency Enforcement Act Of 2005 And The Eighth Amendment’S Prohibition On Excessive Fines, Amy Kristin Sanders Esq.
Duke Journal of Constitutional Law & Public Policy Sidebar
The next slip of the tongue or of the blouse will hit broadcasters where it hurts: their wallet. With the recent passage of the Broadcast Decency Enforcement Act of 2005 ("BDEA"), Congress raised potential fines ten-fold in an attempt to clean up the airwaves and prevent the televised snafus that have occurred with increasing frequency during the past five years. From the broadcast of a barely covered breast during the 2004 Super Bowl to the on-air announcement of a four-letter expletive on a prime-time awards show, indecent expression has attracted the attention of the general public, advocacy groups, the Federal …
Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza
Safeco Ins. Co. Of America V. Burr: Defining Notification Requirements And Willfulness Under The Fair Credit Reporting Act, Travis S. Souza
Duke Journal of Constitutional Law & Public Policy Sidebar
In a recent decision, the United States Supreme Court resolved a critical dispute regarding the interpretation of the Fair Credit Reporting Act ("FCRA") and its notice requirement. In Safeco Ins. Co. of America v. Burr, the Court settled the definition of "willful" violation, a determination that will have enormous effects for insurance companies. Specifically, the Court held that willfulness not only includes knowing violations, but also includes a violation committed in reckless disregard of statutory obligations. While both of the insurance companies in Burr were technically victorious -- both were held not to have willfully violated the FCRA -- the …
Philip Morris Usa V. Williams: A Confusing Distinction, Sachin Bansal
Philip Morris Usa V. Williams: A Confusing Distinction, Sachin Bansal
Duke Journal of Constitutional Law & Public Policy Sidebar
In Philip Morris USA v. Williams, the United States Supreme Court held 5-4 that it is unconstitutional under the Due Process Clause of the Constitution for a jury to award punitive damages for harm caused to individuals other than the plaintiff. Thus, the Court concluded that, under the Constitution, a trial court could not levy punitive damages out of a desire to punish a company for injuries it inflicts upon others who are "essentially, strangers to the litigation." However, the Court confusingly drew a narrow and arguably contradictory distinction to justify its holding. Under Philip Morris USA, a jury may …
Scott V. Harris, Uchenna Evans
Scott V. Harris, Uchenna Evans
Duke Journal of Constitutional Law & Public Policy Sidebar
In an 8-1 decision, the Supreme Court reversed an 11th Circuit ruling denying qualified immunity to a police officer sued by a fleeing motorist who was rendered quadriplegic when his car was pushed over an embankment by the officer's vehicle. . The Court ruled that the officer did not violate the motorist's Fourth Amendment right to be free from unreasonable seizure and that the officer was entitled to summary judgment. Both the federal district court and the 11th Circuit had ruled in favor of the respondent, denying the officer's summary judgment motion based on qualified immunity after finding a Fourth …
United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber
United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber
Duke Journal of Constitutional Law & Public Policy Sidebar
The Supreme Court, in a 6-3 decision, upheld two counties' flow control ordinances that require trash haulers to deliver waste to government-owned processing facilities. The Court determined that the Commerce Clause is not violated by laws which favor state or local government entities but treat all private entities equal.
Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance
Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance
Duke Journal of Constitutional Law & Public Policy Sidebar
On January 22, 2007, the Supreme Court decided the consolidated cases of Jones v. Bock , Williams v. Overton , and Walton v. Bouchard , all of which were Sixth Circuit cases. In a unanimous decision, the Supreme Court provided clarity to what constitutes exhaustion of prison grievance procedures under the Prison Litigation Reform Act of 1995 (PLRA). The Court's decision also offers its view on the correct way to balance the burden between prisoner plaintiffs and the judiciary, which labors to process prisoner complaints. Broken into three discreet issues, the essential holding provides a small victory for prison litigants. …
Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley
Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley
Duke Journal of Constitutional Law & Public Policy Sidebar
In Whorton v. Bockting, the Supreme Court considered whether its rule from Crawford v. Washington, prohibiting the admission of testimonial hearsay statements without a prior opportunity for the defendant to cross-examine the declarant, should be applied retroactively to cases on collateral appeal under the standard set forth in Teague v. Lane. The determination rested on whether Crawford announced a "new rule" that should be applied retroactively by virtue of its being a "watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding." In a unanimous decision, the Court held that Crawford did announce a "new …
Encouraging Corporate Innovation For Our Homeland During The Best Of Times For The Worst Of Times: Extending Safety Act Protections To Natural Disasters’, Ava A. Harter
Duke Law & Technology Review
This article first analyzes the innovative tort reform of the SAFETY Act and then argues for expansion of SAFETY Act type risk protection to natural disasters such as hurricanes, earthquakes and wildfires. The SAFETY Act was drafted to stimulate the development and deployment of technologies that combat terrorism by providing liability protection. Applying the same type of legislation to natural disasters will provide a commensurate benefit of encouraging preparedness and development of technologies that could mitigate harms resulting from natural disasters. The Department of Homeland Security voiced a desire to increase the use of the SAFETY Act by private industry. …
Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason
Planned Parenthood Federation Of America, Inc. V. Gonzales, Blake Mason
Duke Journal of Constitutional Law & Public Policy Sidebar
In one of the most pivotal cases of the Fall 2006 Term, the United States Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 by a vote of 5-4. The Court found the Act to be facially valid, despite the absence of an exception for cases in which an abortion is necessary to preserve the health of the mother, stating that the Act was not "void for vagueness" and that it did not impose "an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." The case signaled a departure from …