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Full-Text Articles in Law
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt
Duke Law Journal
The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the regulatory environment. This …
Cybersieves, Derek E. Bambauer
Cybersieves, Derek E. Bambauer
Duke Law Journal
This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China's Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by nations' different value judgments about what content is unacceptable. Countries differ not in their intent to censor material-from political dissent in Iran to copyrighted songs in America-but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship …
Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik
Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik
Duke Law Journal
Globalization has increased international investment activity, but no unified legal framework governs international investments. After several attempts to establish a multilateral investment framework, prospective parties remain unable to reach a consensus on a viable system to address investor and state rights. Developed, capital-exporting states wish to protect their citizens' investments, whereas developing states simultaneously seek to attract investments and maintain regulatory autonomy. In the absence of a comprehensive agreement, bilateral investment treaties serve as the primary legal instruments setting forth the terms of cross-border investments. These treaties often grant private investors the right to file claims before the International Centre …
Pitfalls Of Empirical Studies That Attempt To Understand The Factors Affecting Appellate Decisionmaking, Harry T. Edwards, Michael A. Livermore
Pitfalls Of Empirical Studies That Attempt To Understand The Factors Affecting Appellate Decisionmaking, Harry T. Edwards, Michael A. Livermore
Duke Law Journal
No abstract provided.
Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt
Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt
Duke Law Journal
We investigate the effect of economic conditions on the voting behavior of U.S. Supreme Court Justices. We theorize that Justices are akin to voters in political elections; specifically, we posit that the Justices will view short-term and relatively nit. nor economic downturns-recessions-as attributable to the failures of elected officials, but will consider long-term and extreme economic con tractions-depressions-as the result of exogenous shocks largely beyond the control of the government. Accordingly, we predict two patterns of behavior in economic-related cases that come before the Court: (1) in typical times, when the economy cycles through both recessionary and prosperous periods, the …
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Duke Law Journal
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
Probing The Effects Of Judicial Specialization, Lawrence Baum
Probing The Effects Of Judicial Specialization, Lawrence Baum
Duke Law Journal
No abstract provided.
No Warrant For Radical Change: A Response To Professors George And Guthrie, Erwin Chemerinsky
No Warrant For Radical Change: A Response To Professors George And Guthrie, Erwin Chemerinsky
Duke Law Journal
No abstract provided.
Measuring Judges And Justice, Jeffrey M. Chemerinsky, Jonathan L. Williams
Measuring Judges And Justice, Jeffrey M. Chemerinsky, Jonathan L. Williams
Duke Law Journal
No abstract provided.
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.
Autocrat Of The Armchair, David F. Levi
Do Judges Think? Comments On Several Papers Presented At The Duke Law Journal’S Conference On Measuring Judges And Justice, Robert Henry
Do Judges Think? Comments On Several Papers Presented At The Duke Law Journal’S Conference On Measuring Judges And Justice, Robert Henry
Duke Law Journal
No abstract provided.
Judging The Judges, Frank B. Cross, Stefanie Lindquist
Judging The Judges, Frank B. Cross, Stefanie Lindquist
Duke Law Journal
The evaluation of judges, especially circuit court judges, has commanded increased attention, with the quantitative analyses of Stephen Choi and Mitu Gulati. However, the proper dimensions for the evaluation of judges remains much disputed. Critics have challenged Choi & Gulati's scales for measuring judicial quality but have offered little that is positive that would improve measurement. The critics make philosophical challenges to whether the measures truly capture the qualities of judging we should desire, but they offer no measurement tools to improve on Choi and Gulati. We hope to advance the theoretical and empirical evaluation by incorporating different scales for …
A Response To Professors George And Guthrie, Remaking The United States Supreme Court In The Courts’ Of Appeals Image, Michael Boudin
A Response To Professors George And Guthrie, Remaking The United States Supreme Court In The Courts’ Of Appeals Image, Michael Boudin
Duke Law Journal
No abstract provided.
A Response To Professor Knight, Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, H. Jefferson Powell
A Response To Professor Knight, Are Empiricists Asking The Right Questions About Judicial Decisionmaking?, H. Jefferson Powell
Duke Law Journal
No abstract provided.
On Doctors And Judges, Barak Richman
Just Because You Can Measure Something, Does It Really Count?, Laura Denvir Stith
Just Because You Can Measure Something, Does It Really Count?, Laura Denvir Stith
Duke Law Journal
No abstract provided.