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Articles 1 - 30 of 421
Full-Text Articles in Law
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Rod Smolla
No abstract provided.
Religion And Race Under The Constitution: Similarities And Differences , Jesse H. Choper
Religion And Race Under The Constitution: Similarities And Differences , Jesse H. Choper
Jesse H Choper
No abstract provided.
Getting From Here To There, Cynthia Farina
The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf
The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf
Neil J. Kinkopf
Kinkopf believes that the House of Representatives' decision to impeach Pres Clinton on the charge that he committed perjury before the grand jury, a charge that did not involve official conduct, was proper. Even though Pres Clinton's misconduct was not a proper basis for impeachment or conviction, his case demonstrates that if would be terribly unwise to understand official misconduct to be a necessary element of a high crime or misdemeanor.
Labor’S Divided Ranks: Privilege And The United Front Ideology , Marion Crain, Ken Matheny
Labor’S Divided Ranks: Privilege And The United Front Ideology , Marion Crain, Ken Matheny
Cornell Law Review
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
James L. Kainen
No abstract provided.
Looking With One Eye Closed: The Twilight Of Administrative Law, Ronald A. Cass
Looking With One Eye Closed: The Twilight Of Administrative Law, Ronald A. Cass
Ronald A. Cass
No abstract provided.
Sovereignty And Suspicion, Erik Luna
Sovereignty And Suspicion, Erik Luna
Erik Luna
Most academics agree that search and seizure jurisprudence is a "mess." Professor Luna proposes a new approach to the Fourth Amendment founded on a sovereignty-based theory of the Constitution. Under this individual rights model, a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This presumption, he argues, could only be rebutted in three discrete circumstances: (1) consent by the individual to search his home or body; (2) individualized suspicion of wrongdoing; or (3) real, direct, and substantial threats to the sovereignty of other persons. Apart from these exceptions, governmental intrusions into the …
The Governance Crisis, Legal Theory, And Political Ideology, Christopher Edley
The Governance Crisis, Legal Theory, And Political Ideology, Christopher Edley
Christopher Edley
No abstract provided.
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
Cornell International Law Journal
Recently, science has become increasingly salient in various fields of international law. In particular, the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science often complicates treaty interpretation. It tends to take treaty interpretation beyond the conventional methodology provided by the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the text of treaties. The two decades old transatlantic trade dispute over the safety of hormone-treated beef is a case in point. …
Fast Track Authority And Its Implication For Labor Protection In Free Trade Agreements, Eli J. Kirschner
Fast Track Authority And Its Implication For Labor Protection In Free Trade Agreements, Eli J. Kirschner
Cornell International Law Journal
No abstract provided.
Hard Cases Under The Convention On The International Sale Of Goods: A Proposed Taxonomy Of Interpretative Challenges, H. Allen Blair
Hard Cases Under The Convention On The International Sale Of Goods: A Proposed Taxonomy Of Interpretative Challenges, H. Allen Blair
Duke Journal of Comparative & International Law
No abstract provided.
Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier
Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier
Law and Contemporary Problems
No abstract provided.
The Limits Of Advocacy, Amanda Frost
The Limits Of Advocacy, Amanda Frost
Duke Law Journal
Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called "issue creation"-that is, raising legal claims and arguments that the parties have overlooked or ignored-on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins and Mapp v. Ohio were decided on grounds never raised …
Living Originalism, Thomas B. Colby, Peter J. Smith
Living Originalism, Thomas B. Colby, Peter J. Smith
Duke Law Journal
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the "writtenness" of the Constitution necessitates a fixed constitutional meaning, and that courts that see …
The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear
The Warp And Woof Of Statutory Interpretation: Comparing Supreme Court Approaches In Tax Law And Workplace Law, James J. Brudney, Corey Ditslear
Duke Law Journal
Debates about statutory interpretation-and especially about the role of the canons of construction and legislative history-are generally framed in one-size-fits-all terms. Yet federal judges-including most Supreme Court Justices-have not approached statutory interpretation from a methodologically uniform perspective. This Article presents the first in-depth examination of interpretive approaches taken in two distinct subject areas over an extended period of time. Professors Brudney and Ditslear compare how the Supreme Court has relied on legislative history and the canons of construction when construing tax statutes and workplace statutes from 1969 to 2008. The authors conclude that the Justices tend to rely on legislative …
Harmonization Without Consensus: Critical Reflections On Drafting A Substantive Patent Law Treaty, Jerome H. Reichman, Rochelle Cooper Dreyfuss
Harmonization Without Consensus: Critical Reflections On Drafting A Substantive Patent Law Treaty, Jerome H. Reichman, Rochelle Cooper Dreyfuss
Duke Law Journal
In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the TRIPS Agreement of 1994. With TRIPS, at least, these countries obtained side payments (in the form of trade concessions) to offset the rising costs of knowledge products. A free-standing instrument, such as the SPLT, would shrink the remaining flexibilities in the TRIPS Agreement with no side payments and no concessions to the catch-up strategies of developing countries at different stages of technological advancement. More …
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Cornell Journal of Law and Public Policy
No abstract provided.
Defending The (Not So) Indefensible, Seth Barrett Tillman
Defending The (Not So) Indefensible, Seth Barrett Tillman
Cornell Journal of Law and Public Policy
No abstract provided.
Fair Exchange: Providing Citizens With Equity Managed By A Community Trust, In Return For Government Subsidies Or Tax Breaks To Business, Deborah Groban Olson
Fair Exchange: Providing Citizens With Equity Managed By A Community Trust, In Return For Government Subsidies Or Tax Breaks To Business, Deborah Groban Olson
Cornell Journal of Law and Public Policy
No abstract provided.
The Asean-China Free Trade Area (Acfta): A Legal Response To China’S Economic Rise?, Alyssa Greenwald
The Asean-China Free Trade Area (Acfta): A Legal Response To China’S Economic Rise?, Alyssa Greenwald
Duke Journal of Comparative & International Law
No abstract provided.
Conflict Of Laws For Transactions In Securities Held Through Intermediaries, James Steven Rogers
Conflict Of Laws For Transactions In Securities Held Through Intermediaries, James Steven Rogers
Cornell International Law Journal
No abstract provided.
Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger
Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger
Alaska Law Review
No abstract provided.
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Duke Law Journal
No abstract provided.
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
Law and Contemporary Problems
No abstract provided.
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Duke Law Journal
No abstract provided.
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
Duke Law Journal
No abstract provided.
The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein
The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein
Alaska Law Review
No abstract provided.
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
Law and Contemporary Problems
Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Duke Environmental Law & Policy Forum
No abstract provided.