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Full-Text Articles in Law
The Trajectory Of Forensics, Peter Neufeld
The Trajectory Of Forensics, Peter Neufeld
Duke Law Journal Online
No abstract provided.
Forensics At The Federal Level, Sue Ballou
Forensics At The Federal Level, Sue Ballou
Duke Law Journal Online
No abstract provided.
The Public Reception Of The “Path Forward” Report, Steven Kendall
The Public Reception Of The “Path Forward” Report, Steven Kendall
Duke Law Journal Online
No abstract provided.
Statistics And The Impact Of The 2009 Nas Report, Karen Kafadar
Statistics And The Impact Of The 2009 Nas Report, Karen Kafadar
Duke Law Journal Online
No abstract provided.
Equal Dignity And Unequal Protection: A Framework For Analyzing Disparate Impact Claims, Kyle P. Nodes
Equal Dignity And Unequal Protection: A Framework For Analyzing Disparate Impact Claims, Kyle P. Nodes
Duke Law Journal Online
The Supreme Court has long endorsed the theory of the “colorblind” Equal Protection Clause, viewing it as a mandate of only facial equality. Due to rigid doctrine that limits true protection to only a short, stagnant list of fundamental rights and suspect classifications and that requires proof of discriminatory intent, only the most blatant, purposeful inequality is within constitutional reach. Festering outside of this doctrinal sphere are powerful examples of state actions that impose disparate impacts on marginalized communities, such as the nationwide system of laws that disqualify individuals—disproportionately black men—with felony convictions from the jury pool.
However, the door …
Collateral Damage: Private Merger Lawsuits In The Wake Of Section 2’S Contraction, Paul F. Brzyski
Collateral Damage: Private Merger Lawsuits In The Wake Of Section 2’S Contraction, Paul F. Brzyski
Duke Law Journal Online
For over 100 years, the Clayton Act has ostensibly prohibited anticompetitive mergers and acquisitions. Yet, as fears of market concentration and market power grow, it seems high time for a boost in enforcement. Armed with statutory causes of action for injunctive relief and treble damages, private plaintiffs could provide that needed boost. However, these plaintiffs face an unexpected hurdle to enforcing the merger laws: section 2 of the Sherman Act.
This Note argues that the narrowing of liability under section 2 over the past three decades has had a collateral impact on private plaintiffs’—especially rival firms’—ability to satisfy the antitrust …
Intelligent Design & Egyptian Goddess: A Response To Professors Buccafusco, Lemley & Masur, Sarah Burstein
Intelligent Design & Egyptian Goddess: A Response To Professors Buccafusco, Lemley & Masur, Sarah Burstein
Duke Law Journal Online
No abstract provided.
Boiling Down Boilerplate In M&A Agreements: A Response To Choi, Gulati, & Scott, Robert Anderson, Jeffrey Manns
Boiling Down Boilerplate In M&A Agreements: A Response To Choi, Gulati, & Scott, Robert Anderson, Jeffrey Manns
Duke Law Journal Online
“Boilerplate” consists of standardized terms whose meaning is intended to be consistent from one transaction to the next, and these provisions are ubiquitous in contracts and related transactional documents. In their recent Duke Law Journal article Stephen Choi, Mitu Gulati, and Robert Scott have highlighted the potentially corrosive effect of the legal drafting process on boilerplate provisions. They show how incremental edits to boilerplate pari passu clauses for sovereign debt agreements have led to textual “black holes,” which potentially undercut the standardization purpose, wording, and substantive meaning of these boilerplate provisions. In this Article we offer preliminary evidence of a …
Does The American Rule Promote Access To Justice? Was That Why It Was Adopted?, John Leubsdorf
Does The American Rule Promote Access To Justice? Was That Why It Was Adopted?, John Leubsdorf
Duke Law Journal Online
No abstract provided.