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Faculty Scholarship

Duke Law

2003

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Articles 1 - 30 of 86

Full-Text Articles in Law

Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes Jun 2003

Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes

Faculty Scholarship

No abstract provided.


A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks Jan 2003

A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks

Faculty Scholarship

No abstract provided.


Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec Jan 2003

Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec

Faculty Scholarship

Across a range of legal regimes - including environmental, tort, employment discrimination, corporate, securities, and health care law - United States law reduces or eliminates enterprise liability for those organizations that can demonstrate the existence of "effective" internal compliance structures. Presumably, this legal standard rests on an assumption that internal compliance structures reduce the incidence of prohibited conduct within organizations. This Article demonstrates, however, that little evidence exists to support that assumption. In fact, a growing body of evidence indicates that internal compliance structures do not deter prohibited conduct within firms and may largely serve a window-dressing function that provides both market ...


The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner Jan 2003

The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner

Faculty Scholarship

No abstract provided.


Why Me?, Walter E. Dellinger Iii Jan 2003

Why Me?, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


A Comment On New York Times V. Tasini, David L. Lange Jan 2003

A Comment On New York Times V. Tasini, David L. Lange

Faculty Scholarship

No abstract provided.


Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller Jan 2003

Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller

Faculty Scholarship

This comment has two major parts. Part I reviews some of the developments in the law relating to victim impact evidence over the last decade in light of my earlier predictions and hopes in this area. Part II examines victim catharsis and its growing importance as a justification for the receipt of victim impact evidence.


Environmental Tribalism, James Salzman, Douglas A. Kysar Jan 2003

Environmental Tribalism, James Salzman, Douglas A. Kysar

Faculty Scholarship

No abstract provided.


Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami Jan 2003

Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami

Faculty Scholarship

This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970's to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970's in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was ...


The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky Jan 2003

The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn Jan 2003

A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn

Faculty Scholarship

An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of the bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal ...


Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky Jan 2003

Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk Jan 2003

Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk

Faculty Scholarship

No abstract provided.


On Rankings, A Response To Mitchell Berger, Paul D. Carrington Jan 2003

On Rankings, A Response To Mitchell Berger, Paul D. Carrington

Faculty Scholarship

No abstract provided.


New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller Jan 2003

New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


Law School Libraries, Richard A. Danner Jan 2003

Law School Libraries, Richard A. Danner

Faculty Scholarship

No abstract provided.


The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn Jan 2003

The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn

Faculty Scholarship

This Article examines the extent to which World Trade Organization WTO) dispute settlement is "Americanized." It scrutinizes three features of the WTO mechanism for proof of "Americanization": the right to a panel, the legalization of the panel process, and the bilateral and adversarial nature of the WTO dispute settlement system. Recognizing the many benefits linked to these three features, the Article then identifies some of the problems that have accompanied them. Finally, the Article suggests ways to remedy those problems focusing, in particular, on how trade disputes could be settled other than through bilateral state-to-state litigation. In that sense, the ...


The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie Jan 2003

The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie

Faculty Scholarship

No abstract provided.


Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner Jan 2003

Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner

Faculty Scholarship

No abstract provided.


Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin Jan 2003

Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.


Book Review: Dekker, The Invisible Line, Joseph Blocher Jan 2003

Book Review: Dekker, The Invisible Line, Joseph Blocher

Faculty Scholarship

Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)


Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne Jan 2003

Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf Jan 2003

Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf

Faculty Scholarship

Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision ...


The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler Jan 2003

The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler

Faculty Scholarship

A governmental decision is "ex ante efficient" if it maximizes the satisfaction of everyone's preferences ex ante, relative to other possible decisions. Equivalently, each affected person would be rational to approve the decision, given her preferences and beliefs at the time of the choice. Does this matter, morally speaking? Do governmental officials - legislators, judges, regulators - have a moral reason to make decisions that are ex ante efficient? The economist's answer is "yes." "Ex ante efficiency" is widely seen by welfare economists to have moral significance, and often appears within law-and-economics scholarship as a criterion for evaluating legal doctrines ...


Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang Jan 2003

Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang

Faculty Scholarship

No abstract provided.


The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2003

The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.


The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2003

The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.


Genocide Politics And Policy: Conference Remarks, Madeline Morris Jan 2003

Genocide Politics And Policy: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.


The Cracked Foundations Of The Right To Secede, Donald L. Horowitz Jan 2003

The Cracked Foundations Of The Right To Secede, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


Supreme Court Review, Erwin Chemerinsky Jan 2003

Supreme Court Review, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.