Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
Articles 1 - 30 of 136
Full-Text Articles in Law
Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow
Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow
Law and Contemporary Problems
No abstract provided.
Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington
Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington
Duke Law Journal
This Article is a reflection on personal experience as well as an account of what has happened to the Federal Rules of Civil Procedure in the most recent quarter century It observes that the Supreme Court of the United States has assigned to itself a role in making procedural law inconsistent with the Rules Enabling Act of 1934 or any more-recent utterance of Congress This procedural law made by the Court is responsive to the desire of business interests to weaken the ability of citizens to enforce laws enacted to protect them from business misconduct The Article concludes with the …
The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi
The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi
Law and Contemporary Problems
No abstract provided.
Responsible Sovereign Lending And Borrowing, Lee C. Buchheit, G. Mitu Gulati
Responsible Sovereign Lending And Borrowing, Lee C. Buchheit, G. Mitu Gulati
Law and Contemporary Problems
No abstract provided.
Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk
Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk
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.
The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger
The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger
Duke Environmental Law & Policy Forum
No abstract provided.
The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono
The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono
Duke Environmental Law & Policy Forum
No abstract provided.
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
Law and Contemporary Problems
Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.
Antitrust Censorship Of Economic Protest, Hillary Greene
Antitrust Censorship Of Economic Protest, Hillary Greene
Duke Law Journal
Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the "fairness" of prices, society can, and frequently does, properly concern itself with these issues. When dissatisfaction results, it may manifest itself in an expressive boycott: a form of social campaign wherein purchasers express their dissatisfaction by collectively refusing to buy. Antitrust should neither participate in nor censor such normative discourse. In this Article, I explain how antitrust law impedes this speech, argue why it should not, and …
Foreword, Lawrence A. Zelenak
The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike
The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike
Law and Contemporary Problems
Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging …
Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey
Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey
Duke Environmental Law & Policy Forum
No abstract provided.
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Duke Environmental Law & Policy Forum
No abstract provided.
Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott
Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott
Law and Contemporary Problems
Alstott offers an evaluation of the significance of the credit and, in a historical spirit, hark back to an earlier, critical perspective on the earned income tax credit (EITC)--a perspective rarely heard in recent years. She argues that these concerns remain apt, despite the expansion of the EITC and oft-repeated praise for its importance as an antipoverty program. Moreover, she highlights three features of U.S. law that constrain the effectiveness of the EITC in improving the wellbeing of low-income workers and their children: labor and employment laws that structure markets that produce low wages and harsh working conditions, laws that …
Norm Conflict In International Law: Whither Human Rights?, Marko Milanovic
Norm Conflict In International Law: Whither Human Rights?, Marko Milanovic
Duke Journal of Comparative & International Law
No abstract provided.
The Fiduciary Duty In Mutual Fund Excessive Fee Cases: Ripe For Reexamination, Emily D. Johnson
The Fiduciary Duty In Mutual Fund Excessive Fee Cases: Ripe For Reexamination, Emily D. Johnson
Duke Law Journal
Congress imposed a fiduciary duty regarding compensation on investment advisors by adding Section 36(b) to the Investment Company Act of 1940. Legislators intended this fiduciary duty to protect mutual fund investors from excessive management fees. It has failed. Mutual fund investors continue to pay significantly higher fees than institutional investors for the same money management services. In Jones v. Harris Associates, decided in 2008, the Seventh Circuit broke with the widely followed, thirty-year-old precedent of Gartenberg v. Merrill Lynch Asset Management. Chief Judge Easterbrook authored the majority opinion and Judge Posner wrote vigorously in dissent. This disagreement between two titans …
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James
Law and Contemporary Problems
No abstract provided.
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Law and Contemporary Problems
Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel Richman
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel Richman
Duke Law Journal
This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …
Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles
Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles
Duke Law Journal
A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for "arbitrariness" on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …
Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke
Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke
Law and Contemporary Problems
Mnookin and Verbeke describe the nonviolent but very serious conflict in Belgium between the Flemish (Dutch) of the North and the Walloons (French) of the South. The Flemish economy is more prosperous than the Walloon economy, and the Flemish constitute a majority of the Belgian population. Nevertheless, the Walloons enjoy a financial subsidy from the Flemish and share equally in the political power of the nation due to antimajoritarian restrictions built into the government structure. Even though significant and persistent, this conflict remains nonviolent due to several factors, including largely separate geography, language and social structure; a low-stakes conflict; relatively …
A Response To Professor Ramseyer, Predicting Court Outcomes Through Political Preferences, Michael Boudin
A Response To Professor Ramseyer, Predicting Court Outcomes Through Political Preferences, Michael Boudin
Duke Law Journal
No abstract provided.
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Duke Law Journal
Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of the courts. After all, appointment politics will predict judicial outcomes only when judges are independent of sitting politicians. Because Japanese Supreme Court justices enjoy an independence similar to that of U.S. federal judges, I use judicial outcomes to ask whether Japanese premiers from different parties have appointed justices with different political preferences. Although the Liberal Democratic Party (LDP) governed Japan for most of the postwar period, it temporarily …
The Competence Of Nations And International Tax Law, Eric T. Laity
The Competence Of Nations And International Tax Law, Eric T. Laity
Duke Journal of Comparative & International Law
No abstract provided.
Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson
Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson
Law and Contemporary Problems
Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.
Climate Change And The Limits Of The Possible, Jedediah Purdy
Climate Change And The Limits Of The Possible, Jedediah Purdy
Duke Environmental Law & Policy Forum
No abstract provided.
Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau
Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau
Duke Journal of Comparative & International Law
No abstract provided.
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Duke Environmental Law & Policy Forum
No abstract provided.