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Articles 31 - 60 of 144
Full-Text Articles in Law
Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser
Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser
Law and Contemporary Problems
Kornhauser recounts the legislation which enacted in 1934 required all income taxpayers to submit "pink slips" with their tax returns. The information required by the pink slip would then be made available for public inspection. The disclosure regime was repealed less than one year later, largely through the remarkably effective efforts of one person--Raymond Pitcairn, a wealthy lawyer. She describes a multifaceted public-relations campaign, orchestrated by Pitcairn, that would be sophisticated even by today's standards. Two aspects of Pitcairn's campaign were especially impressive. The first was his ability to enlist the zeitgeist in his efforts; the trial of Bruno Hauptmann …
Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of, David H. Kaye
Trawling Dna Databases For Partial Matches: What Is The Fbi Afraid Of, David H. Kaye
Cornell Journal of Law and Public Policy
No abstract provided.
Pitfalls Of Empirical Studies That Attempt To Understand The Factors Affecting Appellate Decisionmaking, Harry T. Edwards, Michael A. Livermore
Pitfalls Of Empirical Studies That Attempt To Understand The Factors Affecting Appellate Decisionmaking, Harry T. Edwards, Michael A. Livermore
Duke Law Journal
No abstract provided.
Comment On Professor Yoo, Administration Of War, Richard H. Kohn
Comment On Professor Yoo, Administration Of War, Richard H. Kohn
Duke Law Journal
No abstract provided.
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
A Reflection And Response To Using Criminal Punishment To Serve Both Victim And Social Needs, Kenneth R. Downes
Law and Contemporary Problems
Downes comments on Erin Ann O'Hara and Maria Mayo Robbins' article that accurately describes the nuanced and complex nature of apology and forgiveness. These are not actions that can be programmed--they happen at their own pace and in paths that are winding and unchartable. One of the reasons that victim-offender mediation is unpopular with some is that it can be emotionally messy and slow. Thus, one of the most helpful insights in his work has been that forgiveness is developmental, meaning that it often happens in normal and predictable stages. Forgiveness can be divided into manageable pieces. Indeed, their article …
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
Law and Contemporary Problems
In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O'Hara …
Encountering And Countering Tribal Conflict With Film And Dialogue, Steve D. Martin
Encountering And Countering Tribal Conflict With Film And Dialogue, Steve D. Martin
Law and Contemporary Problems
Martin explores the ability of group leaders to overcome resistance to reconciliation in group conflicts, whether innate or otherwise. He uses an example of a group conflict that occurred across religious lines with the pending release of a movie titled Theologians Under Hitler. Even if out-group biases make group conflicts harder to resolve, offsetting that complication might be a predisposition to attend to the views of a respected leader of the in-group.
The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald
The Unbalanced Imagery Of Anti-Terrorism Policy, Stuart Macdonald
Cornell Journal of Law and Public Policy
No abstract provided.
The Court And The Code: A Response To The Warp And Woof Of Statutory Interpretation, Lawrence Zelenak
The Court And The Code: A Response To The Warp And Woof Of Statutory Interpretation, Lawrence Zelenak
Duke Law Journal
No abstract provided.
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 …
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Law and Contemporary Problems
Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …
Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke
Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke
Law and Contemporary Problems
Clarke points out some strategies that have been used in the Collaborative Change Approach to group-conflict resolution that are designed to help depolarize the competing sides' stances toward one another. In order to try to break down the hostility between the groups, Clarke brings together each identity or stakeholder group in order to share with one another why each group cares passionately about the issue. Clarke provides the example of a groundfishery conflict that involved recreational fishermen, commercial fishermen, environmentalists, researchers, and government officials. The interests of each of these groups conflicted, but no group had morally problematic motivations or …
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Saving Face: The Benefits Of Not Saying I’M Sorry, Brent T. White
Law and Contemporary Problems
White discusses the socio-psychological research that suggests humans invest significant emotional stake in "face"--or their "claimed identity as a competent, intelligent, or moral persons"--and apologize only when they can do so without significant "face threat." Criminal offenders, many of whom are likely to be low on self-determination, may resist apology to victims out of psychological fragility and the psychological need to preserve face rather than lack of remorse. Thus, the criminal-justice system should be cautious about punishing offenders more harshly because they fail to show external remorse--or even when they are openly defiant. This caution should be exercised whether the …
Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs
Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs
Duke Environmental Law & Policy Forum
No abstract provided.
Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics Of Improving Discovery Timing In A Digital Age, Scott A. Moss
Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics Of Improving Discovery Timing In A Digital Age, Scott A. Moss
Duke Law Journal
Cases are won and lost in discovery, yet discovery draws little academic attention. Most scholarship focuses on how much discovery to allow, not on how courts decide discovery disputes-which, unlike trials, occur in most cases. The growth of computer data-e-mails, lingering deleted files, and so forth-increased discovery cost, but the new e-discovery rules just reiterate existing cost-benefit proportionality limits that draw broad consensus among litigation scholars anti economists. But proportionality rules are impossible to apply effectively; they fail to curb discovery excess yet disallow discovery that meritorious cases need. This Article notes proportionality's flaws but rejects the consensus blaming bad …
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Law and Contemporary Problems
There haven't always been scientific witnesses: in fact, there haven't always been witnesses. In early medieval times, courts relied on tests by oath, ordeal, and sometimes by combat. Here, Haack provides a brief historical background to the use of scientific experts in law and then proceeds to discuss in greater detail the values underlying scientific inquiry, the uncertainty in the quest of knowledge and understanding, and the methods by which consensus is reached, even if that consensus is always tentative. She then contrasts scientific inquiry with the law's quest for "truth" in the courtroom and, particularly, the normative and temporal …
The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer
The Arts Of Persuasion In Science And Law: Conflicting Norms In The Courtroom, Herbert M. Kritzer
Law and Contemporary Problems
Epistemology is important in the debate about science and technology in the courtroom. The epistemological issues and the arguments about them in the context of scientific and technical evidence are now well developed. Of equal importance, though, is an understanding of norms of persuasion and how those norms may differ across disciplines and groups. Norms of persuasion in the courtroom and in legal briefs differ from norms at a scientific conference and in scientific journals. Here, Kritzer examines the disconnect between science and the courtroom in terms of the differing norms of persuasion found within the scientific community and within …
Silence At A Price? Judicial Questionnaires And The Independence Of Alaska’S Judiciary, Kelly Taylor
Silence At A Price? Judicial Questionnaires And The Independence Of Alaska’S Judiciary, Kelly Taylor
Alaska Law Review
No abstract provided.
U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson
U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.
Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane
Law and Contemporary Problems
The Internet has often been described as "borderless," owing to the technical features of Internet communications that make content accessible to anyone with a network connection, regardless of his or her location. This borderlessness has been widely thought both to confound legal regimes relying on territoriality and to fundamentally create a crisis for jurisdictional determination of both public- and private-law matters. Here, Slane dissects the images of globalization at work in conflicts cases involving harms caused by postings on the Internet and demonstrates how these images work to produce a coherence for the field of conflicts as well as the …
Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein
Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein
Alaska Law Review
No abstract provided.
The Role Of Power Generation Technology In Mitigating Global Climate Change, Frank Princiotta
The Role Of Power Generation Technology In Mitigating Global Climate Change, Frank Princiotta
Duke Environmental Law & Policy Forum
No abstract provided.
Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White
Brave New World: Neurowarfare And The Limits Of International Humanitarian Law, Stephen E. White
Cornell International Law Journal
No abstract provided.
Citing The Elite: The Burden Of Authorial Anxiety, Shane Tintle
Citing The Elite: The Burden Of Authorial Anxiety, Shane Tintle
Duke Law Journal
Academic legal writing is known for extensive citation. Generally, scholars who study citation practices are increasingly likely to link citation with authors' attempts to manage their impression. This Note offers an explanation of why authors of law review articles use citation as a means of managing impression. It combines a historical analysis that shows why excessive citation became conventional with a literary analysis that shows why excessive citation was unique in its ability to aid academics in substantively contributing to the bench and bar. It further shows how, because of the historic and literary significance of citation, a norm compelling …
Combating Corruption Through International Law In Africa: A Comparative Analysis, Thomas R. Snider, Won Kidane
Combating Corruption Through International Law In Africa: A Comparative Analysis, Thomas R. Snider, Won Kidane
Cornell International Law Journal
No abstract provided.
Racially Restrictive Covenants In The State Of Washington: A Primer For Practitioners, Rajeev Majumdar
Racially Restrictive Covenants In The State Of Washington: A Primer For Practitioners, Rajeev Majumdar
Seattle University Law Review
Part II of this Comment will begin by examining the history of racially restrictive covenants, specifically the nature of covenants and the role of the federal government in both spreading and hindering the usage of such covenants. Part III will discuss the legal underpinnings of what makes such covenants unenforceable in Washington, and the best processes an attorney can use to remove them. Part IV will discuss a recent case that has significantly altered the collateral consequences of attempting to destroy racially restrictive covenants upon other associated covenants. As a result, those seeking to retain the benefits of other covenants …
Against Individually Signed Judicial Opinions, James Markham
Against Individually Signed Judicial Opinions, James Markham
Duke Law Journal
No abstract provided.
The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
Law and Contemporary Problems
Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Genetic Predictions Of Future Dangerousness: Is There A Blueprint For Violence?, Erica Beecher-Monas, Edgar Garcia-Rill
Law and Contemporary Problems
Beecher-Monas and Garcia-Rill consider the unfortunate probability that behavioral genetics evidence will be misused to substantiate predictions of future dangerousness.
Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid
Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid
Duke Journal of Comparative & International Law
No abstract provided.