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2006

Duke Law

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Articles 1 - 30 of 158

Full-Text Articles in Law

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold Dec 2006

Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold

iBlawg

No abstract provided.


Ebay At Six Months: Four-Factor Confusion, Jim Sherwood Nov 2006

Ebay At Six Months: Four-Factor Confusion, Jim Sherwood

iBlawg

No abstract provided.


How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines Nov 2006

How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines

iBlawg

No abstract provided.


A Fair Use Response To Students' Intellectual Property Rights, Jared Slade Oct 2006

A Fair Use Response To Students' Intellectual Property Rights, Jared Slade

iBlawg

No abstract provided.


The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold Sep 2006

The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold

iBlawg

No abstract provided.


Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder Sep 2006

Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder

iBlawg

No abstract provided.


Eliding In New York, Monte Neil Stewart Jul 2006

Eliding In New York, Monte Neil Stewart

Duke Journal of Constitutional Law & Public Policy Sidebar

In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one ...


The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit Jun 2006

The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.


Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton Apr 2006

Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton

Duke Journal of Constitutional Law & Public Policy Sidebar

In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.


A Writer Speaks Truth, Jay Dratler Jr. Apr 2006

A Writer Speaks Truth, Jay Dratler Jr.

iBlawg

No abstract provided.


Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor Mar 2006

Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor

iBlawg

No abstract provided.


Mayle V. Felix, Aleksandra Kopec Mar 2006

Mayle V. Felix, Aleksandra Kopec

Duke Journal of Constitutional Law & Public Policy Sidebar

Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."


Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay Mar 2006

Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay

Duke Journal of Constitutional Law & Public Policy Sidebar

When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be ...


Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin Mar 2006

Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin

Duke Journal of Constitutional Law & Public Policy Sidebar

Merck sought protection under a statutory exemption from claims of patent infringement brought by Integra Lifesciences. The Court held unanimously that the safe harbor contained in 35 U.S.C. § 271(e)(1) protected the use of patented inventions used in preclinical research where the results were not submitted to the FDA. The Court's interpretation of the safe harbor provision broadened protection for those engaged in drug research at a substantial cost to patent-holders.


The Google Library Project: When East Doesn't Meet West, Richard Epstein Feb 2006

The Google Library Project: When East Doesn't Meet West, Richard Epstein

iBlawg

No abstract provided.


Justin Hughe's Predictions For 2006: Part One, Justin Hughes Feb 2006

Justin Hughe's Predictions For 2006: Part One, Justin Hughes

iBlawg

No abstract provided.


James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle Feb 2006

James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle

iBlawg

No abstract provided.


Welcome To The Iblawg, Dltr Editorial Staff Jan 2006

Welcome To The Iblawg, Dltr Editorial Staff

iBlawg

No abstract provided.


Constitution-Making: A Process Filled With Constraint, Donald L. Horowitz Jan 2006

Constitution-Making: A Process Filled With Constraint, Donald L. Horowitz

Faculty Scholarship

Constitutions are generally made by people with no previous experience in constitution making. The assistance they receive from outsiders is often less useful than it may appear. The most pertinent foreign experience may reside in distant countries, whose lessons are unknown or inaccessible. Moreover, although constitutions are intended to endure, they are often products of the particular crisis that forced their creation. Drafters are usually heavily affected by a desire to avoid repeating unpleasant historical experiences or to emulate what seem to be successful constitutional models. Theirs is a heavily constrained environment, made even more so by distrust and dissensus ...


Does Falling Smoking Lead To Rising Obesity?, Jonathan Gruber, Michael D. Frakes Jan 2006

Does Falling Smoking Lead To Rising Obesity?, Jonathan Gruber, Michael D. Frakes

Faculty Scholarship

The strong negative correlation over time between smoking rates and obesity have led some to suggest that reduced smoking is increasing weight gain in the U.S.. This conclusion is supported by the findings of Chou et al. (2004), who conclude that higher cigarette prices lead to increased body weight. We investigate this issue and find no evidence that reduced smoking leads to weight gain. Using the cigarette tax rather than the cigarette price and controlling for non-linear time effects, we find a negative effect of cigarette taxes on body weight, implying that reduced smoking leads to lower body weights ...


The Role Of Empirical Evidence In Evaluating The Wisdom Of The Sarbanes-Oxley Act, James D. Cox Jan 2006

The Role Of Empirical Evidence In Evaluating The Wisdom Of The Sarbanes-Oxley Act, James D. Cox

Faculty Scholarship

No abstract provided.


Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher Jan 2006

Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher

Faculty Scholarship

This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.


The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie Jan 2006

The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie

Faculty Scholarship

No abstract provided.


Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr. Jan 2006

Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Functional Method Of Comparative Law, Ralf Michaels Jan 2006

The Functional Method Of Comparative Law, Ralf Michaels

Faculty Scholarship

The functional method has become both the mantra and the bete noire of contemporary comparative law. The debate over the functional method is the focal point of almost all discussions about the field of comparative law as a whole, about centers and peripheries of scholarly projects and interests, about mainstream and avant-garde, about ethnocentrism and orientalism, about convergence and pluralism, about technocratic instrumentalism and cultural awareness, etc. Not surprisingly, this functional method is a chimera, both as theory and as practice of comparative law. In fact, "the functional method" is a trifold misnomer: There is not one ("the") functional method ...


Academic Freedom Issues For Academic Librarians, Richard A. Danner, Barbara Bintliff Jan 2006

Academic Freedom Issues For Academic Librarians, Richard A. Danner, Barbara Bintliff

Faculty Scholarship

Professors Danner and Bintliff argue that understanding academic freedom and faculty tenure is important for academic librarians, both to provide better perspective on the concerns of faculty researchers and teachers, and to highlight matters of common concern to librarians and faculty. The authors discuss the basic tenets of academic freedom and tenure, then compare academic freedom with the intellectual freedom concerns of librarians. The article concludes by introducing several current issues of importance to librarians, faculty, and everyone concerned with academic freedom on university campuses.


Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels Jan 2006

Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels

Faculty Scholarship

One of the most pertinent issues in contemporary European conflict of laws is the tension between Community law and traditional choice of law rules. The biggest problem comes not from the transposition of member state rules on choice of law into methodologically comparable EC Regulations, but rather from the so-called country-of-origin principle. This principle holds, broadly, that EU member states may not impose obligations on a provider of goods and services that go beyond the obligations imposed by the provider's home state. Originally conceived mainly with public law obligations in mind, the principle has an impact on choice of ...


Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels Jan 2006

Some Fundamental Jurisdictional Conceptions As Applied In Judgment Conventions, Ralf Michaels

Faculty Scholarship

The law of jurisdiction and of the recognition and enforcement of foreign judgments is confused. So is the debate about it. Basic concepts, even that of jurisdiction, have ambiguous meaning. Misunderstandings, most prominent in the failure to conclude a worldwide judgments convention at the Hague, are the consequence. This article tries to bring conceptual clarity to the field through an analysis of concepts and relations. The article first shows that jurisdiction as a requirement for the rendering of a decision (direct jurisdiction) and jurisdiction as a requirement for the decision's enforceability elsewhere (indirect jurisdiction), are logically independent from each ...


The Promise (And Limits) Of Neuroeconomics, Jedediah Purdy Jan 2006

The Promise (And Limits) Of Neuroeconomics, Jedediah Purdy

Faculty Scholarship

Neuroeconomics - the study of brain activity in people engaged in tasks of reasoning and choice - looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This essay explains what is most exciting about the new field and lays out some specific research tasks for it. By enabling researchers to view the mind at work, neuroeconomics calls into question the value of a methodological premise of twentieth-century empiricism, sometimes called positivism or behaviorism: that people are black boxes to ...


The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox Jan 2006

The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox

Faculty Scholarship

The accounting and financial scandals the last few years not only produced the Sarbanes-Oxley Act, but have prompted a good deal of debate what forces led to so many dramatic reporting failures. This article is the only work to examine how the competitive structure of the accounting industry contributed to its movement from being a profession to a business that performed auditing. In the article we find not only documentation that the accounting profession is an oligopoly but a sound explanation of how its poor structure contributes significantly to negative social welfare. Throughout the article provides rich support of data ...