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Full-Text Articles in Law
Internalization Through Socialization, Harold Hongju Koh
Internalization Through Socialization, Harold Hongju Koh
Duke Law Journal
No abstract provided.
International Law And State Socialization: Conceptual, Empirical, And Normative Challenges, Ryan Goodman, Derek Jinks
International Law And State Socialization: Conceptual, Empirical, And Normative Challenges, Ryan Goodman, Derek Jinks
Duke Law Journal
No abstract provided.
Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins
Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins
Duke Law Journal
This Article reviews federal and (especially) state antitrust enforcement in light of the Microsoft proceeding. Criticism of state enforcement based on that case is misplaced. The Article identifies three consensus comparative advantages of state enforcers: familiarity with local and regional markets, closeness to state and local institutions, and ability and experience in compensating individuals. A review of state enforcement activities finds that the vast majority are consistent with one or more of these advantages. The Article also identifies hallmarks of generally accepted federal civil non-merger enforcement: both antitrust agencies participate actively, using a variety of tools, while showing support for …
Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku
Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku
Duke Law Journal
This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find that the volume of SEC enforcement proceedings is relatively modest. We next examine the scope of the recently enacted "Fair Fund" provision that authorizes the SEC to designate civil penalties it recovers from defendants to benefit defrauded private investors. We conclude that this provision offers only limited potential relief for private investors. We complete this Part of the Article with an analysis of the serious resource …
Justification And Excuse, Law And Morality, Mitchell N. Berman
Justification And Excuse, Law And Morality, Mitchell N. Berman
Duke Law Journal
Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …
Remarks Of The Chief Justice: My Life In The Law Series, William H. Rehnquist
Remarks Of The Chief Justice: My Life In The Law Series, William H. Rehnquist
Duke Law Journal
No abstract provided.
Rational Custom, Edward T. Swaine
Rational Custom, Edward T. Swaine
Duke Law Journal
Customary international law is understood to require that state practices be followed from a sense of legal obligation, though international lawyers have long puzzled over how those obligations come into being. Recent work applying rational choice theory suggests, unsettlingly, that the entire inquiry is misconceived: practices commonly attributed to obligations are merely behavioral regularities that arise from intersecting state interests, and the role of legal obligations is minimal at best. This Article attempts to explain how the rational choice critique and traditional doctrine may be reconciled. Rational choice theory, it is argued, responds to a genuine problem in the existing …
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Duke Law Journal
Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Duke Law Journal
In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Duke Law Journal
No abstract provided.
Reconfiguring The Summary Jury Trial, Thomas B. Metzloff
Reconfiguring The Summary Jury Trial, Thomas B. Metzloff
Duke Law Journal
No abstract provided.
Fairness Opinions: How Fair Are They And What Can Be Done About It?, Lucian Arye Bebchuk, Marcel Kahan
Fairness Opinions: How Fair Are They And What Can Be Done About It?, Lucian Arye Bebchuk, Marcel Kahan
Duke Law Journal
No abstract provided.
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Duke Law Journal
This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the history …
Introduction: The Debate Over Independent Agencies In Light Of Empirical Evidence, Geoffrey P. Miller
Introduction: The Debate Over Independent Agencies In Light Of Empirical Evidence, Geoffrey P. Miller
Duke Law Journal
No abstract provided.
Emerging Alternatives To Mutual Funds: Unit Investment Trusts And Other Fixed Portfolio Investment Vehicles, Thomas S. Harman
Emerging Alternatives To Mutual Funds: Unit Investment Trusts And Other Fixed Portfolio Investment Vehicles, Thomas S. Harman
Duke Law Journal
Thomas Harman offers a comprehensive analysis of the Unit Investment Trust. First, he defines the trust, examining the mechanics and participants associated with it. He then traces the development of the trust since its inception as a "fixed trust." Next he discusses the regulation of the trust by the Securites Acts of 1933 and 1940. Finally, he compares the unit investment trust with other investment vehicles.
What Are The Alternatives To Chicago?, Wesley J. Liebeler
What Are The Alternatives To Chicago?, Wesley J. Liebeler
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: 1910-1921, David P. Currie
The Constitution In The Supreme Court: 1910-1921, David P. Currie
Duke Law Journal
No abstract provided.
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Duke Law Journal
No abstract provided.
Judicialization: The Twilight Of Administrative Law, Loren A. Smith
Judicialization: The Twilight Of Administrative Law, Loren A. Smith
Duke Law Journal
At its December, 1984 Plenary Session, the Administrative Conference of the United States devoted a part of its agenda to an exchange of ideas on the current state of administrative law and the directions in which this field is likely to move-or be pushed-in the foreseeable future. Perhaps because modern administrative agencies are such a curious admixture of the political, bureaucratic, and judicial components of government, the study of administrative law derives particular benefits from analyses and critiques that emphasize social utility as well as legal precedent. In no other area of the law do the current political agenda and …
The Fairness Doctrine Today: A Constitutional Curiosity And An Impossible Dream, Thomas G. Krattenmaker, L. A. Powe Jr.
The Fairness Doctrine Today: A Constitutional Curiosity And An Impossible Dream, Thomas G. Krattenmaker, L. A. Powe Jr.
Duke Law Journal
No abstract provided.
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Duke Law Journal
No abstract provided.
The Legal Theory Of Attorney Fee Shifting: A Critical Overview, Thomas D. Rowe Jr.
The Legal Theory Of Attorney Fee Shifting: A Critical Overview, Thomas D. Rowe Jr.
Duke Law Journal
No abstract provided.
Incentives Vs. Nonpartisanship: The Prosecutorial Dilemma In An Adversary System, Dirk G. Christensen
Incentives Vs. Nonpartisanship: The Prosecutorial Dilemma In An Adversary System, Dirk G. Christensen
Duke Law Journal
No abstract provided.
Conflict And Compromise Among Models Of Administrative Justice, Jerry L. Mashaw
Conflict And Compromise Among Models Of Administrative Justice, Jerry L. Mashaw
Duke Law Journal
No abstract provided.
The Legislative Resolution Of The Rulemaking Versus Adjudication Problem In Agency Lawmaking, William T. Mayton
The Legislative Resolution Of The Rulemaking Versus Adjudication Problem In Agency Lawmaking, William T. Mayton
Duke Law Journal
No abstract provided.