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Articles 1 - 30 of 141
Full-Text Articles in Law
Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill
Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill
Law and Contemporary Problems
The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities -- securities for which they were willing to pay very high prices. Investors' willingness to purchase these securities on terms that were favorable to the sellers, and unfavorable to them, presents a considerable puzzle. Investors do not want to miss out on the next big thing.
The Present Plight Of The United States District Courts, Patrick E. Higginbotham
The Present Plight Of The United States District Courts, Patrick E. Higginbotham
Duke Law Journal
No abstract provided.
The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera
The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera
Law and Contemporary Problems
No abstract provided.
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Duke Environmental Law & Policy Forum
No abstract provided.
The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer
The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer
Duke Environmental Law & Policy Forum
No abstract provided.
Peru’S Experience In Sovereign Debt Management And Litigation: Some Lessons For The Legal Approach To Sovereign Indebtedness, Manuel Monteagudo
Peru’S Experience In Sovereign Debt Management And Litigation: Some Lessons For The Legal Approach To Sovereign Indebtedness, Manuel Monteagudo
Law and Contemporary Problems
No abstract provided.
Reflections On The Bosnia Debt Restructuring, Mark H. Stumpf
Reflections On The Bosnia Debt Restructuring, Mark H. Stumpf
Law and Contemporary Problems
No abstract provided.
Donegal V. Zambia And The Persistent Debt Problems Of Low-Income Countries, Thomas Laryea
Donegal V. Zambia And The Persistent Debt Problems Of Low-Income Countries, Thomas Laryea
Law and Contemporary Problems
No abstract provided.
Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl
Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
Reforming Power Of Attorney Law To Protect Alaskan Elders From Financial Exploitation, Kim Vu-Dinh
Reforming Power Of Attorney Law To Protect Alaskan Elders From Financial Exploitation, Kim Vu-Dinh
Alaska Law Review
No abstract provided.
Administrative Law, Filter Failure, And Information Capture, Wendy E. Wagner
Administrative Law, Filter Failure, And Information Capture, Wendy E. Wagner
Duke Law Journal
There are no provisions in administrative law for regulating the flow of information entering or leaving the system, or for ensuring that regulatory participants can keep up with a rising tide of issues, details, and technicalities. Indeed, a number of doctrinal refinements, originally intended to ensure that executive branch decisions are made in the sunlight, inadvertently create incentives for participants to overwhelm the administrative system with complex information, causing many of the decision-making processes to remain, for all practical purposes, in the dark. As these agency decisions become increasingly obscure to all but the most well-informed insiders, administrative accountability is …
A More Perfect System: The 2002 Reforms Of The Board Of Immigration Appeals, John D. Ashcroft, Kris W. Kobach
A More Perfect System: The 2002 Reforms Of The Board Of Immigration Appeals, John D. Ashcroft, Kris W. Kobach
Duke Law Journal
No abstract provided.
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Comment On Using Criminal Punishment To Serve Both Victim And Social Needs, John O. Haley
Law and Contemporary Problems
Haley comments on the argument underlying the article by Erin Ann O'Hara and Maria Mayo Robbins, which emphasizes on victim-offender mediation (VOM). By expanding the frame of reference, restorative justice can be defined as a paradigm whose scope encompasses more than VOM and whose emphasis includes the needs of society and offenders as well as victims. Restorative justice involves a wide variety of processes and programs that are more apt to restore both those who commit and those who suffer wrongs. It includes children at risk programs, drug courts, violence-treatment programs, as well as VOM programs. It also includes efforts …
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Law and Contemporary Problems
In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …
Governing Pluralistic Societies, Tom Tyler
Governing Pluralistic Societies, Tom Tyler
Law and Contemporary Problems
Societies can be held together in many ways. Historically, many groups were linked by a common history, common ethnicity, and common religious and social values. These societies shared a unified set of norms dictating right and wrong. Other groups have been held together by charismatic leaders who present a unifying vision, but modern pluralistic society, uniquely, accepts a diversity of views about what is appropriate and reasonable, which makes these forms of authority difficult to enact. The form of authority emerging in western democratic states has been, instead, authority based upon the processes of government: people recognize democratic procedures as …
Remaking The United States Supreme Court In The Courts’ Of Appeals Image, Tracey E. George, Chris Guthrie
Remaking The United States Supreme Court In The Courts’ Of Appeals Image, Tracey E. George, Chris Guthrie
Duke Law Journal
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decisionmaking, and retaining an en banc procedure for select cases. In so doing, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decisionmaking capacity but also improve the Court's composition, competence, and functioning.
Making The Leap To Management: Tips For The Aspiring And New Manager, Femi Cadmus
Making The Leap To Management: Tips For The Aspiring And New Manager, Femi Cadmus
Faculty Scholarship
As the result of innate ability, a fortunate few are able to effortlessly transition from line positions. However, most of us need to plot the path to management astutely and with deliberation. Library professionals might also become "accidental" managers, finding themselves thrust into an unplanned and perhaps unwanted managerial position for which they were not prepared. This is particularly true in the current climate of constrained budgets characterized by restructuring, job freezes, and layoffs.
Cultural Conflicts, Annelise Riles
Cultural Conflicts, Annelise Riles
Law and Contemporary Problems
Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part …
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.
Citing The Elite: The Burden Of Authorial Anxiety, Shane Tintle
Citing The Elite: The Burden Of Authorial Anxiety, Shane Tintle
Duke Law Journal
Academic legal writing is known for extensive citation. Generally, scholars who study citation practices are increasingly likely to link citation with authors' attempts to manage their impression. This Note offers an explanation of why authors of law review articles use citation as a means of managing impression. It combines a historical analysis that shows why excessive citation became conventional with a literary analysis that shows why excessive citation was unique in its ability to aid academics in substantively contributing to the bench and bar. It further shows how, because of the historic and literary significance of citation, a norm compelling …
The Revenue Rule: A Common Law Doctrine For The Twenty-First Century, Brena Mallinak
The Revenue Rule: A Common Law Doctrine For The Twenty-First Century, Brena Mallinak
Duke Journal of Comparative & International Law
No abstract provided.
Regional Governance And Ecosystem-Based Management Of Ocean And Coastal Resources: Can We Get There From Here, Andrew A. Rosenberg
Regional Governance And Ecosystem-Based Management Of Ocean And Coastal Resources: Can We Get There From Here, Andrew A. Rosenberg
Duke Environmental Law & Policy Forum
No abstract provided.
Regional Ocean Governance: The Role Of The Public Trust Doctrine, Kristen M. Fletcher
Regional Ocean Governance: The Role Of The Public Trust Doctrine, Kristen M. Fletcher
Duke Environmental Law & Policy Forum
No abstract provided.
Who Is In Charge, And Who Should Be? The Disciplinary Role Of The Commander In Military Justice Systems, Lindsy Nicole Alleman
Who Is In Charge, And Who Should Be? The Disciplinary Role Of The Commander In Military Justice Systems, Lindsy Nicole Alleman
Duke Journal of Comparative & International Law
No abstract provided.
The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal
The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal
Alaska Law Review
No abstract provided.
International Water Law: The Contributions Of Western United States Water Law To The United States Water Law To The United Nations Convention On The Law Of The Non-Navigable Uses Of International Watercourses, Carolin Spiegel
Duke Journal of Comparative & International Law
No abstract provided.
Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen
Can Wind Be A “Firm” Resource? A North Carolina Case Study, Lena M. Hansen
Duke Environmental Law & Policy Forum
No abstract provided.
Indigenous Lands As Cultural Property: A New Approach To Indigenous Land Claims, Lindsey L. Wiersma
Indigenous Lands As Cultural Property: A New Approach To Indigenous Land Claims, Lindsey L. Wiersma
Duke Law Journal
No abstract provided.
Modular Environmental Regulation, Jody Freeman, Daniel Farber
Modular Environmental Regulation, Jody Freeman, Daniel Farber
Duke Law Journal
This Article proposes a "modular" conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools, without significant stakeholder input, and without institutional mechanisms capable of adapting to changing conditions over time. Modularity, by contrast, is characterized by a high degree of flexible coordination across government agencies as well as between public agencies and private actors; governance structures in which form follows function; a problem-solving orientation that requires flexibility; and reliance on a mix of formal and informal tools of …
Nothing Besides Remains: Preserving The Scientific And Cultural Value Of Paleontological Resources In The United States, Alexa Z. Chew
Nothing Besides Remains: Preserving The Scientific And Cultural Value Of Paleontological Resources In The United States, Alexa Z. Chew
Duke Law Journal
No abstract provided.