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Full-Text Articles in Law
Black Hole Apparitions, Lisa Bernstein
Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird
Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird
Duke Law Journal Online
No abstract provided.
Cinderella Sovereignty, Anna Gelpern
Cinderella Sovereignty, Anna Gelpern
Duke Law Journal Online
The Blocher-Gulati critique of the barriers to secession under public international law is insightful and thought provoking, an important contribution in its own right. I wish it had not been eclipsed by the authors' clever and provocative fix: turning sovereignty into a tradable commodity. I suspect that this fix would bring about more suffering than the status quo for two reasons. First, a market for sovereign control is unlikely to be a market in any meaningful sense. Therefore, trading sovereignty would not discipline oppressors. Second, should something like a real market materialize, it could diminish the incentives for states to …
Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher C. French
Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher C. French
Duke Law Journal Online
No abstract provided.
Administrative Rights In Institutional Perspective, Eloise Pasachoff
Administrative Rights In Institutional Perspective, Eloise Pasachoff
Duke Law Journal Online
No abstract provided.
Living Constitutional Theory, Andrew Coan
Living Constitutional Theory, Andrew Coan
Duke Law Journal Online
No abstract provided.
Sports Betting Has An Equal Sovereignty Problem, Ryan M. Rodenberg, John T. Holden
Sports Betting Has An Equal Sovereignty Problem, Ryan M. Rodenberg, John T. Holden
Duke Law Journal Online
No abstract provided.
The Asymmetry Of Crimes By And Against Police Officers, Monu Bedi
The Asymmetry Of Crimes By And Against Police Officers, Monu Bedi
Duke Law Journal Online
Crimes by and against police officers during the performance of their duties are treated differently. If a police officer unlawfully harms a citizen, regular assault or homicide charges apply, whereas if a citizen unlawfully harms a police officer, aggravated assault or homicide charges apply. The enhancement stems from the fact that the citizen interfered with police activity. No one would dispute that states have a special interest in protecting this kind of important state-sanctioned behavior. But do they not also have an equal interest in deterring its abuse through commensurate charges?
This Essay is the first to tackle this asymmetry …
A (Very Thin) Market For Sovereign Control, W. Mark C. Weidemaier
A (Very Thin) Market For Sovereign Control, W. Mark C. Weidemaier
Duke Law Journal Online
No abstract provided.
Blocher, Gulati, And Coase: Making Or Buying Sovereignty?, Paul B. Stephan
Blocher, Gulati, And Coase: Making Or Buying Sovereignty?, Paul B. Stephan
Duke Law Journal Online
No abstract provided.
Friendly And Hostile Deals In The Market For Sovereign Control: A Response To Professors Blocher And Gulati, John F. Coyle
Friendly And Hostile Deals In The Market For Sovereign Control: A Response To Professors Blocher And Gulati, John F. Coyle
Duke Law Journal Online
No abstract provided.
Should We Buy Selling Sovereignty?, Stephen Clowney
Should We Buy Selling Sovereignty?, Stephen Clowney
Duke Law Journal Online
No abstract provided.