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Articles 1 - 30 of 343
Full-Text Articles in Law
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Duke Law & Technology Review
The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …
Guidelines And Best Practices For Large And Mass Tort Mdls (First Edition), Duke Law School Center For Judicial Studies
Guidelines And Best Practices For Large And Mass Tort Mdls (First Edition), Duke Law School Center For Judicial Studies
Bolch Judicial Institute Publications
Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.
Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document, which is designed to help judges and legal practitioners understand and efficiently navigate complex …
Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher
Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher
Duke Law & Technology Review
Sony has included a “share” button on the next version of their popular PlayStation video game system. This feature is meant to allow players to record and share videos of their gameplay. This service shares similarities with the controversial “record” button that Sony included with its Betamax players over thirty years ago. The Betamax player was the subject of the landmark case Sony v. Universal, a foundational case for the modern application of copyright law to new technology. This Issue Brief examines how this “share” feature would fare under the framework laid out by Sony v. Universal and other evolutions …
Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia
Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Kansas v. Nebraska & Colorado. The Supreme Court will have the opportunity to resolve a decades-old conflict over water rights in the Republican River which flows through Colorado, Nebraska, and Kansas. In this case of original jurisdiction, the Court will determine both whether Nebraska violated a 60-year old compact concerning water rights, and what the appropriate remedy should be for that violation.
Foreword, Philip J. Cook, Kimberly D. Krawiec
Foreword, Philip J. Cook, Kimberly D. Krawiec
Law and Contemporary Problems
No abstract provided.
A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec
A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec
Law and Contemporary Problems
No abstract provided.
Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel
Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel
Law and Contemporary Problems
No abstract provided.
Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk
Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk
Law and Contemporary Problems
No abstract provided.
Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees
Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees
Law and Contemporary Problems
No abstract provided.
Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler
Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler
Law and Contemporary Problems
No abstract provided.
Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron
Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron
Law and Contemporary Problems
No abstract provided.
Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen
Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen
Law and Contemporary Problems
No abstract provided.
Perceptions Of Efficacy, Morality, And Politics Of Potential Cadaveric Organ-Transplantation Reforms, Christopher T. Robertson, David V. Yokum, Megan S. Wright
Perceptions Of Efficacy, Morality, And Politics Of Potential Cadaveric Organ-Transplantation Reforms, Christopher T. Robertson, David V. Yokum, Megan S. Wright
Law and Contemporary Problems
No abstract provided.
State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones
State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones
Law and Contemporary Problems
No abstract provided.
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell
The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina Khan
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina Khan
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz
Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib
Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja
Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Disappearance Of Corruption And The New Path Forward In Campaign Finance, Eugene D. Mazo
The Disappearance Of Corruption And The New Path Forward In Campaign Finance, Eugene D. Mazo
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Foreword, Thomas B. Metzloff
Note From The Editor, Philip A. Tarpley
Alaska And The Arctic, Fran Ulmer
Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs
Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs
Alaska Law Review
Alaska's initiative process is unique—Alaska is the only state with a robust initiative culture and advance oversight over the content of initiatives by the Lieutenant Governor. This state of affairs is appropriate because it recognizes both the savings to the state and the benefit to citizens that advance oversight can achieve. It also places the power of advance oversight in the hands of the individual most qualified in Alaska to wield it. However, despite being generally commendable, the Alaskan initiative oversight process is not perfect. Because the Lieutenant Governor has this unique power, it is inappropriate for them to be …
Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph
Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph
Alaska Law Review
Alaska tribes have limited control over their traditional lands and waters. Tribes may increase their influence through a Traditional Cultural District designation under Section 106 of the National Historic Preservation Act. This designation does not stop development, but requires federal agencies to consult with tribes regarding potential development that may impact the district. The consultation right applies regardless of whether a tribe owns or has formally designated the district. In Alaska, where no Traditional Cultural Districts exist as of 2014, there is potential for designating large areas of land or water that correspond to the range of traditionally important species.
What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements
What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements
Alaska Law Review
The nature of offshore oil and gas activities is changing as companies are forced into difficult and remote areas, including the U.S. Arctic Ocean. As evidenced by the 2010 Deepwater Horizon tragedy and Shell's error-plagued efforts to drill exploration wells in the Chukchi and Beaufort seas in 2012, the rules governing whether and under what conditions to allow offshore drilling in frontier areas have not kept pace with environmental and technical changes. These rules were implemented in 1979 and have remained substantively the same since. Recent changes to at the Department of the Interior to disband the Minerals Management Service, …
Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth
Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth
Law and Contemporary Problems
No abstract provided.