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2003

Duke Law

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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.


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.


Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai Jan 2003

Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai

Faculty Scholarship

The Court of Appeals for the Federal Circuit, charged with adjudicating appeals in patent cases, has adopted an unusual approach that arrogates power over fact finding while it simultaneously invokes rule-formalism. Although the Federal Circuit's approach may be justified by the fact-finding and policy application deficiencies of the trial courts and the Patent and Trademark Office (PTO), it has had a negative impact on innovation policy and has resulted in a patent system that is sorely in need of reform. This Article argues that because of the interdependence of the various institutions within the patent system, reform of the ...


Book Review, Catherine Fisk Jan 2003

Book Review, Catherine Fisk

Faculty Scholarship

Reviewing Alice Kessler-Harris, In Pursuit of Equity: Women, Men, and the Quest for Economic Citizenship in 20th-Century America (2001)


The Segregation And Resegregation Of American Public Education: The Court’S Role, Erwin Chemerinsky Jan 2003

The Segregation And Resegregation Of American Public Education: The Court’S Role, Erwin Chemerinsky

Faculty Scholarship

Schools in the South and throughout the country are resegregating. Why is this occuring, and why were desegregation efforts limited in their success? This Essay argues that the Supreme Court is largely to blame. In a series of decisions in the 1970's, the Court ensured separate and unequal schools by preventing inderdistrict remedies, refusing to find that inequities in school funding are unconstitutional, and making it difficult to prove a constitutional violation in northern de facto segregated school systems. In a series of decisions in the 1990's, the Court ordered an end to effective desegregation orders. Lower federal ...


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.


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 ...


The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler Jan 2003

The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler

Faculty Scholarship

It is my view that efforts to force states to fund religious schools through voucher plans or otherwise will and should fail. My reasons for this conclusion are two-fold. First, there is no viable federal constitutional argument that states are required to fund religious institutions, including religious schools. Second, there are excellent reasons why the funding of religious institutions is very bad and dangerous policy—reasons which states are free to use as the groundings for their own policies, and which the decision in Zelman has left untouched.


Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky Jan 2003

Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


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

Environmental Tribalism, James Salzman, Douglas A. Kysar

Faculty Scholarship

No abstract provided.


Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young Jan 2003

Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young

Faculty Scholarship

reviewing John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (2002)


Prophets, Priests And Pragmatists, Christopher H. Schroeder Jan 2003

Prophets, Priests And Pragmatists, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Book Review, Ralf Michaels Jan 2003

Book Review, Ralf Michaels

Faculty Scholarship

Reviewing, Rethinking the Masters of Comparative Law, (Annelise Riles ed., Hart Publishing 2001)


International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley Jan 2003

International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley

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.


Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky Jan 2003

Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky

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 ...


Law School Libraries, Richard A. Danner Jan 2003

Law School Libraries, Richard A. Danner

Faculty Scholarship

No abstract provided.


Separate And Unequal: American Public Education Today, Erwin Chemerinsky Jan 2003

Separate And Unequal: American Public Education Today, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Constitutional Analogies In The International Legal System, Laurence R. Helfer Jan 2003

Constitutional Analogies In The International Legal System, Laurence R. Helfer

Faculty Scholarship

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and ...


Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer Jan 2003

Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles Jan 2003

Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles

Faculty Scholarship

Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)


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)


It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr. Jan 2003

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr. Jan 2003

Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.

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.


Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox Jan 2003

Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox

Faculty Scholarship

No abstract provided.


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.