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Series

Faculty Scholarship

Duke Law

2001

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Articles 1 - 30 of 86

Full-Text Articles in Law

Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart Aug 2001

Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.


Sovereign Piracy, Mitu Gulati, Kenneth N. Klee Feb 2001

Sovereign Piracy, Mitu Gulati, Kenneth N. Klee

Faculty Scholarship

No abstract provided.


Humiliation At Work, Catherine Fisk Jan 2001

Humiliation At Work, Catherine Fisk

Faculty Scholarship

No abstract provided.


The Costs Of International Human Rights Litigation, Curtis A. Bradley Jan 2001

The Costs Of International Human Rights Litigation, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell Jan 2001

The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell

Faculty Scholarship

'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the ...


Lessons From North Carolina’S Redistricting Litigation, Robinson O. Everett Jan 2001

Lessons From North Carolina’S Redistricting Litigation, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Justice O’Connor And Federalism, Erwin Chemerinsky Jan 2001

Justice O’Connor And Federalism, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel Jan 2001

State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel

Faculty Scholarship

This Comment argues that the liberal and conservative blocs on the U.S. Supreme Court are embroiled in a Prisoners' Dilemma with respect to whether they should follow precedent on the question of congressional abrogation of state sovereign immunity. The analytical consequence of this strategic situation within the Court is that, over the long run, all of the Justices would more fully realize their views of the merits of Eleventh Amendment cases by demonstrating more--not less--respect for the independent value of stare decisis. This Comment uses game theory to substantiate this claim, after which it offers a potential, contingent solution ...


Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman Jan 2001

Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.


Protecting Ecosystem Services: Science, Economics And Law, James Salzman, Barton H. Thompson, Gretchen C. Daily Jan 2001

Protecting Ecosystem Services: Science, Economics And Law, James Salzman, Barton H. Thompson, Gretchen C. Daily

Faculty Scholarship

No abstract provided.


Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts Jan 2001

Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts

Faculty Scholarship

No abstract provided.


The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky Jan 2001

The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky Jan 2001

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Against Sovereign Immunity, Erwin Chemerinsky Jan 2001

Against Sovereign Immunity, Erwin Chemerinsky

Faculty Scholarship

In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long discredited royal prerogatives, and that it is inconsistent with basic principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for ...


Further Thoughts, Erwin Chemerinsky Jan 2001

Further Thoughts, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk Jan 2001

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

Professors Erwin Chemerinsky and Catherine Fisk take an issue on several grounds with Boy Scouts v. Dale, in which the Supreme Court held that the Boy Scouts have a first Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-- and it did so at the expense of ...


The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, And Access In The Post-Genomics Era, Arti K. Rai Jan 2001

The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, And Access In The Post-Genomics Era, Arti K. Rai

Faculty Scholarship

No abstract provided.


Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel Jan 2001

Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel

Faculty Scholarship

No abstract provided.


The Role Of Public International Law In The Wto: How Far Can We Go?, Joost H. B. Pauwelyn Jan 2001

The Role Of Public International Law In The Wto: How Far Can We Go?, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.


Settlement Of Mass Torts In A Federal System, Francis Mcgovern Jan 2001

Settlement Of Mass Torts In A Federal System, Francis Mcgovern

Faculty Scholarship

Engle v. R.J. Reynolds Tobacco Co. raises the questions of whether and how elastic mass torts can be settled in our federal system. In particular, there is a procedural and practical dilemma: state courts provide relative ease of class action certification, but with the power to provide closure. A wide variety of options for the parties are considered in light of the Amchem and Ortiz decisions with the conclusion that the demand for finality will drive "bottom-up" reform and lead to more flexibility in resolving those types of mass torts.


Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder Jan 2001

Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


The Bronx “Bronx Jury”: A Profile Of Civil Jury Awards In New York Counties, Neil Vidmar, Mary R. Rose Jan 2001

The Bronx “Bronx Jury”: A Profile Of Civil Jury Awards In New York Counties, Neil Vidmar, Mary R. Rose

Faculty Scholarship

No abstract provided.


Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond Jan 2001

Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond

Faculty Scholarship

No abstract provided.


When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr. Jan 2001

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


When Can A State Be Sued?, William W. Van Alstyne Jan 2001

When Can A State Be Sued?, William W. Van Alstyne

Faculty Scholarship

In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by ...


The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr. Jan 2001

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler Jan 2001

Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Expression And Appearance: A Comment On Hellman, Matthew D. Adler Jan 2001

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Faculty Scholarship

Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).


Special Operations Forces After Kosovo, Charles J. Dunlap Jr. Jan 2001

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Terrorism And Human Rights, Michael E. Tigar Jan 2001

Terrorism And Human Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.