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Articles 1 - 30 of 41
Full-Text Articles in Law
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
Duke Law Journal
No abstract provided.
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
Intention, Interpretation, And Stories, Jane B. Baron
Intention, Interpretation, And Stories, Jane B. Baron
Duke Law Journal
No abstract provided.
Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub
Duke Law Journal
No abstract provided.
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Bank Insolvency Law Now That It Matters Again, Peter P. Swire
Duke Law Journal
No abstract provided.
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
Duke Law Journal
No abstract provided.
John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl
John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl
Duke Law Journal
No abstract provided.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Duke Law Journal
No abstract provided.
Applying Fraudulent Conveyance Law To Leveraged Buyouts, Raymond J. Blackwood
Applying Fraudulent Conveyance Law To Leveraged Buyouts, Raymond J. Blackwood
Duke Law Journal
No abstract provided.
The Federal Sentencing Guidelines And Confrontation Rights, David A. Hoffman
The Federal Sentencing Guidelines And Confrontation Rights, David A. Hoffman
Duke Law Journal
No abstract provided.
Efficiency And Individualism, Gary Lawson
The Revival Of Skidmore V. Swift: Judicial Deference To Agency Interpretations After Eeoc V. Aramco, Jamie A. Yavelberg
The Revival Of Skidmore V. Swift: Judicial Deference To Agency Interpretations After Eeoc V. Aramco, Jamie A. Yavelberg
Duke Law Journal
No abstract provided.
Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck
Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck
Duke Law Journal
No abstract provided.
Does The Ncaa Play Fair? A Due Process Analysis Of Ncaa Enforcement Regulations, Robin J. Green
Does The Ncaa Play Fair? A Due Process Analysis Of Ncaa Enforcement Regulations, Robin J. Green
Duke Law Journal
No abstract provided.
Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig
Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig
Duke Law Journal
No abstract provided.
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Duke Law Journal
No abstract provided.
Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick
Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick
Duke Law Journal
No abstract provided.
Re-Inventing Rulemaking, E. Donald Elliott
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Duke Law Journal
No abstract provided.
Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony
Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony
Duke Law Journal
No abstract provided.
The Rulemaking Continuum, Peter L. Strauss
Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg
Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg
Duke Law Journal
No abstract provided.
Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas
Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas
Duke Law Journal
No abstract provided.
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Duke Law Journal
No abstract provided.
Targeting Sports Agents With The Mail Fraud Statute: United States V. Norby Walters & Lloyd Bloom, Landis Cox
Targeting Sports Agents With The Mail Fraud Statute: United States V. Norby Walters & Lloyd Bloom, Landis Cox
Duke Law Journal
No abstract provided.
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Duke Law Journal
No abstract provided.