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Full-Text Articles in Law

Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson Jan 1992

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.


Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps Jan 1992

Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps

Law and Contemporary Problems

The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.


Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan Jan 1992

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.


Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival Oct 1991

Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival

Law and Contemporary Problems

The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.


The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier Oct 1991

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

Duke Law Journal

No abstract provided.


Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder Oct 1991

Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder

Law and Contemporary Problems

The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.


The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii Jul 1991

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.


Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin Jul 1991

Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin

Law and Contemporary Problems

The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.


Comment On Peterson And Selvin, Lea Brilmayer Jul 1991

Comment On Peterson And Selvin, Lea Brilmayer

Law and Contemporary Problems

A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.


From “Cases” To “Litigation”, Judith Resnik Jul 1991

From “Cases” To “Litigation”, Judith Resnik

Law and Contemporary Problems

Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.


Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler Jul 1991

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.


Comment On Donohue, Danny Boggs Jul 1991

Comment On Donohue, Danny Boggs

Law and Contemporary Problems

A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.


Aggregating Litigation, Ralph K. Winter Jul 1991

Aggregating Litigation, Ralph K. Winter

Law and Contemporary Problems

A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.


“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck Jul 1991

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.


Medical Experts And The Ghost Of Galileo, Peter Huber Jul 1991

Medical Experts And The Ghost Of Galileo, Peter Huber

Law and Contemporary Problems

The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.


Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley Jan 1991

Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley

Duke Environmental Law & Policy Forum

No abstract provided.


Reconstructing The Origins Of Realistic Jurisprudence: A Prequel To The Llewellyn-Pound Exchange Over Legal Realism, Neh Hull Nov 1989

Reconstructing The Origins Of Realistic Jurisprudence: A Prequel To The Llewellyn-Pound Exchange Over Legal Realism, Neh Hull

Duke Law Journal

No abstract provided.


The Jurisprudence Of Poetic License, Calvin R. Massey Sep 1989

The Jurisprudence Of Poetic License, Calvin R. Massey

Duke Law Journal

No abstract provided.


Always A Borrower: Law And Other Disciplines, Phillip Areeda Nov 1988

Always A Borrower: Law And Other Disciplines, Phillip Areeda

Duke Law Journal

No abstract provided.


The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek Oct 1988

The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek

Law and Contemporary Problems

No abstract provided.


Foreword: Economists On The Bench, Jerome M. Culp Oct 1987

Foreword: Economists On The Bench, Jerome M. Culp

Law and Contemporary Problems

No abstract provided.


An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold Oct 1987

An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold

Law and Contemporary Problems

No abstract provided.


A Reply To Judge Starr’S Observations, Abner J. Mikva Jun 1987

A Reply To Judge Starr’S Observations, Abner J. Mikva

Duke Law Journal

No abstract provided.


Observations About The Use Of Legislative History, Kenneth W. Starr Jun 1987

Observations About The Use Of Legislative History, Kenneth W. Starr

Duke Law Journal

No abstract provided.


Introductory Remarks, Marshall J. Breger Jun 1987

Introductory Remarks, Marshall J. Breger

Duke Law Journal

No abstract provided.


Legal Education In An Era Of Change: The Challenge, A. Kenneth Pye Apr 1987

Legal Education In An Era Of Change: The Challenge, A. Kenneth Pye

Duke Law Journal

No abstract provided.


Legal Education In The Era Of Change: Law School Autonomy, James P. White Apr 1987

Legal Education In The Era Of Change: Law School Autonomy, James P. White

Duke Law Journal

No abstract provided.


The Law School Curriculum: The Process Of Reform, John C. Weistart Apr 1987

The Law School Curriculum: The Process Of Reform, John C. Weistart

Duke Law Journal

No abstract provided.


Legal Fiction, James Boyle Jan 1987

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.


Conceptual Analysis And The Virtues And Vices Of Professor Westen’S Linguistics, Timothy P. Terrell Sep 1986

Conceptual Analysis And The Virtues And Vices Of Professor Westen’S Linguistics, Timothy P. Terrell

Duke Law Journal

No abstract provided.