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Articles 1 - 30 of 144
Full-Text Articles in Entire DC Network
The Present Plight Of The United States District Courts, Patrick E. Higginbotham
The Present Plight Of The United States District Courts, Patrick E. Higginbotham
Duke Law Journal
No abstract provided.
Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington
Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington
Duke Law Journal
This Article is a reflection on personal experience as well as an account of what has happened to the Federal Rules of Civil Procedure in the most recent quarter century It observes that the Supreme Court of the United States has assigned to itself a role in making procedural law inconsistent with the Rules Enabling Act of 1934 or any more-recent utterance of Congress This procedural law made by the Court is responsive to the desire of business interests to weaken the ability of citizens to enforce laws enacted to protect them from business misconduct The Article concludes with the …
Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark
Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark
Alaska Law Review
No abstract provided.
Limitation Of Sales Warranties As An Alternative To Intellectual Property Rights: An Empirical Analysis Of Iphone Warranties’ Deterrent Impact On Consumers, Marc L. Roark
Duke Law & Technology Review
Apple's success with the Apple iPhone has brought with it certain problems. Its success has engendered a community that has attempted to circumvent Apple's exclusive service agreement with AT&T. Unfortunately for Apple (and similarly situated manufacturers), intellectual property law allows consumers to alter their products so as to circumvent relationships that manufacturers may have with others. The patent and copyright law first sale doctrine allows consumers to manipulate a product after it is purchased. As a result, manufacturers are increasingly turning to alternatives to intellectual property to secure control over the device after the sale. One such alternative is the …
Applying Copyright Abandonment In The Digital Age, Matthew W. Turetzky
Applying Copyright Abandonment In The Digital Age, Matthew W. Turetzky
Duke Law & Technology Review
Copyright law protects orphan and parented works equally--but it shouldn't. Consequently, current law unnecessarily restrains public access to works that authors have not exercised dominion over for decades. This problem has come to the fore in the Google Books settlement, which critics argue will give Google a de facto monopoly over orphan works. But this criticism implicates an obvious question: Why are orphan works protected by copyright law in the first place? If orphan works were in the public domain, then no one would worry about Google's supposed "monopoly" because Google's competitors would be free to copy the works without …
Standards × Patents ÷ Antitrust = ∞: The Inadequacy Of Antitrust To Address Patent Ambush, Jonathan Hillel
Standards × Patents ÷ Antitrust = ∞: The Inadequacy Of Antitrust To Address Patent Ambush, Jonathan Hillel
Duke Law & Technology Review
"Patent ambush" describes certain rent-seeking behavior by the owner of patent rights to a technology that is essential to an industry standard. Two cases, Qualcomm and Rambus, represent attempts of the Third and D.C. Circuits, respectively, to address patent ambushes using federal antitrust statutes. In both cases, antitrust law proves inadequate to the task. Under Qualcomm, licensees gain too much power to extort undervalued royalty rates from patent holders who have disclosed their rights during standard-setting. Under Rambus, coupled with the dearth of other options to combat patent ambushes, non-disclosing patent holders are given free reign over standardized markets, to …
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
Duke Law & Technology Review
Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become front page …
Essay: Sovereign Syndicated Bank Credits In The 1970s, Philip R. Wood
Essay: Sovereign Syndicated Bank Credits In The 1970s, Philip R. Wood
Law and Contemporary Problems
No abstract provided.
Getting Fat On Government Cheese: The Connection Between Social Welfare Participation, Gender, And Obesity In America, Michael Correll
Getting Fat On Government Cheese: The Connection Between Social Welfare Participation, Gender, And Obesity In America, Michael Correll
Duke Journal of Gender Law & Policy
No abstract provided.
Implicit Gender Bias In The Legal Profession: An Empirical Study, Justin D. Levinson, Danielle Young
Implicit Gender Bias In The Legal Profession: An Empirical Study, Justin D. Levinson, Danielle Young
Duke Journal of Gender Law & Policy
No abstract provided.
Getting Sex Right: Heteronormativity And Biologism In Trans And Intersex Marriage Litigation And Scholarship, David B. Cruz
Getting Sex Right: Heteronormativity And Biologism In Trans And Intersex Marriage Litigation And Scholarship, David B. Cruz
Duke Journal of Gender Law & Policy
No abstract provided.
Court Ordered Cesarean Sections: Why Courts Should Not Be Allowed To Use A Balancing Test, Erin P. Davenport
Court Ordered Cesarean Sections: Why Courts Should Not Be Allowed To Use A Balancing Test, Erin P. Davenport
Duke Journal of Gender Law & Policy
No abstract provided.
From Conley To Twombly To Iqbal: A Double Play On The Federal Rules Of Civil Procedure, Arthur R. Miller
From Conley To Twombly To Iqbal: A Double Play On The Federal Rules Of Civil Procedure, Arthur R. Miller
Duke Law Journal
This Article discusses the effects of the recent Supreme Court decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal on the model of civil litigation established by the Federal Rules of Civil Procedure in 1938. Those Rules created a procedural system giving a litigant, using plain language and presenting the essential elements of a claim for relief an opportunity to pursue discovery and have his or her rights adjudicated on the merits. This Article discusses the basic values underlying that system and its importance in promoting broad citizen access to our federal courts and enabling the private enforcement …
Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman
Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman
Duke Environmental Law & Policy Forum
No abstract provided.
War Of The Words: How Courts Can Use Dictionaries In Accordance With Textualist Principles, Phillip A. Rubin
War Of The Words: How Courts Can Use Dictionaries In Accordance With Textualist Principles, Phillip A. Rubin
Duke Law Journal
No abstract provided.
Exit, No Exit, Barbara Koremenos, Allison Nau
Exit, No Exit, Barbara Koremenos, Allison Nau
Duke Journal of Comparative & International Law
No abstract provided.
Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts
Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts
Duke Journal of Comparative & International Law
No abstract provided.
International Materials And The Eighth Amendment: Some Thoughts On Method After Graham V. Florida, James I. Pearce
International Materials And The Eighth Amendment: Some Thoughts On Method After Graham V. Florida, James I. Pearce
Duke Journal of Comparative & International Law
No abstract provided.
Constructing Restructuring: Legal Narrative, Language Ideology, And The Financial Rehabilitation Of Iraq, Hadi Nicholas Deeb
Constructing Restructuring: Legal Narrative, Language Ideology, And The Financial Rehabilitation Of Iraq, Hadi Nicholas Deeb
Law and Contemporary Problems
No abstract provided.
Competition In The Underwriting Markets Of Sovereign Debt: The Baring Crisis Revisited, Juan H. Flores
Competition In The Underwriting Markets Of Sovereign Debt: The Baring Crisis Revisited, Juan H. Flores
Law and Contemporary Problems
Flores discusses the bargaining power of Argentina's federal government relative to that of the underwriting banks. It examines how the financial intermediaries' gatekeeping function eroded when faced with increased competition. Under normal circumstances, underwriters should have impeded Argentinean access to capital markets or at least hardened the terms under which Argentina could borrow.
Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead
Graham V. Florida: Justice Kennedy’S Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Free Enterprise Fund, Boundary-Enforcing Decisions, And The Unitary Executive Branch Theory Of Government Administration, Richard H. Pildes
Free Enterprise Fund, Boundary-Enforcing Decisions, And The Unitary Executive Branch Theory Of Government Administration, Richard H. Pildes
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Prudentialism In Mcdonald V. City Of Chicago, Neil S. Siegel
Prudentialism In Mcdonald V. City Of Chicago, Neil S. Siegel
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen
Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen
Duke Environmental Law & Policy Forum
No abstract provided.
Private Ordering And Orphan Works: Our Least Worst Hope?, Keith Porcaro
Private Ordering And Orphan Works: Our Least Worst Hope?, Keith Porcaro
Duke Law & Technology Review
The political capture of copyright law by industry groups has inadvertently led to orphan works problems arising in less organized industries, such as publishing. Google Book Search (GBS) is a prime example of how private ordering can circumvent legislative inefficiencies. Digital technologies such as GBS can open up a new business model for publishers and other content industries, centered around aggregated rights holdings. However, the economic inertia that private ordering represents may pose a threat to the knowledge-oriented goals of copyright law.
Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer
Privacy Expectations And Protections For Teachers In The Internet Age, Emily H. Fulmer
Duke Law & Technology Review
Public school teachers have little opportunity for redress if they are dismissed for their activities on social networking websites. With the exception of inappropriate communication with students, a school district should not be able to consider a public educator’s use of a social networking website for disciplinary or employment decisions. Insisting that the law conform to twenty-first century social norms, this iBrief argues that the law should protect teachers’ speech on popular social networking websites like Facebook and MySpace.
Keeping The Leds On And The Electric Motors Running: Clean Tech In Court After Ebay, Eric Lane
Keeping The Leds On And The Electric Motors Running: Clean Tech In Court After Ebay, Eric Lane
Duke Law & Technology Review
The recent rise of non-practicing patentees (NPPs) in the clean technology space comes at a time when the international community is debating the role of intellectual property rights in the deployment and implementation of technologies to combat climate change. While the impact of intellectual property rights on the deployment of clean technology has been studied, less attention has been given to the role intellectual property regimes play in maintaining the operation of those technologies already deployed in the fight against global warming. This iBrief focuses on clean technologies that have already achieved substantial market penetration and observes that recent trends …
Who Owns The Virtual Items?, Leah Shen
Who Owns The Virtual Items?, Leah Shen
Duke Law & Technology Review
Do you WoW? Because millions of people around the world do! Due to this increased traffic, virtual wealth amassed in MMORPGs are intersecting in our real world in unexpected ways. Virtual goods have real-life values and are traded in real-life markets. However, the market for trading in virtual items is highly inefficient because society has not created property rights for virtual items. This lack of regulation has a detrimental effect not just the market for virtual items, but actually the market for MMORPGs. Assuming we want to promote the production of MMORPGs as a market, society requires a set of …
The Anonymous Poster: How To Protect Internet Users’ Privacy And Prevent Abuse, Scott Ness
The Anonymous Poster: How To Protect Internet Users’ Privacy And Prevent Abuse, Scott Ness
Duke Law & Technology Review
The threat of anonymous Internet posting to individual privacy has been met with congressional and judicial indecisiveness. Part of the problem stems from the inherent conflict between punishing those who disrespect one's privacy by placing a burden on the individual websites and continuing to support the Internet's development. Additionally, assigning traditional tort liability is problematic as the defendant enjoys an expectation of privacy as well, creating difficulty in securing the necessary information to proceed with legal action. One solution to resolving invasion of privacy disputes involves a uniform identification verification program that ensures user confidentiality while promoting accountability for malicious …
Intimate Violence, Foreign Solutions: Domestic Violence Policy And Muslim-American Women, Maura K. Finigan
Intimate Violence, Foreign Solutions: Domestic Violence Policy And Muslim-American Women, Maura K. Finigan
Duke Forum for Law & Social Change
No abstract provided.