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Articles 1 - 9 of 9
Full-Text Articles in Law
Preemption Of Common Law Claims And The Prospect For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
Preemption Of Common Law Claims And The Prospect For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
Duke Environmental Law & Policy Forum
No abstract provided.
Proving Negligence In Products Liability Litigation, David G. Owen
Proving Negligence In Products Liability Litigation, David G. Owen
Faculty Publications
No abstract provided.
The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft
The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft
Duke Law Journal
No abstract provided.
The Challenges Of Europeanization In The Realm Of Private Law: A Plea For A New Legal Discipline, Christian Joerges
The Challenges Of Europeanization In The Realm Of Private Law: A Plea For A New Legal Discipline, Christian Joerges
Duke Journal of Comparative & International Law
No abstract provided.
Proof Of Product Defect, David G. Owen
Inherent Product Hazards, David G. Owen
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
St. Mary's Law Journal
This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …
On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis
On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis
Law Faculty Scholarly Articles
Conflicts scholars and jurists for centuries have sought an answer to the question of "what law controls?" by balancing a number of considerations. Chief among those considerations are the legitimate political and policy concerns of conflicting sovereigns. This article analyzes the Supreme Court's recent preemption decisions with an understanding of these theories and their underlying considerations. That analysis reveals that the Court's recent preemption decisions incorporate two modem conflict of laws theories: Governmental Interest Analysis and its corollary, Comparative Impairment. Each of these theories builds on the notion that a choice of law analysis should be motivated by selecting the …
General Causation At A Crossroads In Toxic Tort Cases, Alani Golanski
General Causation At A Crossroads In Toxic Tort Cases, Alani Golanski
Alani Golanski