Digital Commons Network^™

When John Locke Meets Lao Tzu: The Relationship Between Intellectual Property, Biodiversity, And Indigenous Knowledge And The Implications For Food Security, Paolo Davide Farah, Marek Prityi

Duke Environmental Law & Policy Forum

No abstract provided.

Facing Up To Internet Giants, Shai Dothan

Duke Journal of Comparative & International Law

Mancur Olson claimed that concentrated interests win against diffuse interests even in advanced democracies. Multinational companies, for example, work well in unison to suit their interests. The rest of the public is not motivated or informed enough to resist them. In contrast, other scholars argued that diffuse interests may be able to fight back, but only when certain conditions prevail. One of the conditions for the success of diffuse interests is the intervention of national and international courts. Courts are able to fix problems affecting diffuse interests. Courts can also indirectly empower diffuse interests by initiating deliberation to inform the …

Facial Recognition Ai: Alaska Is An Ideal Forum For Introducing Regulation, Sarah Edwards

Alaska Law Review

As artificial intelligence becomes increasingly commonplace, we are all exposed to shockingly dystopian forms of surveillance. This Note details the unique danger of facial recognition technologies powered by artificial intelligence. First, this Note examines the rise of facial recognition technologies in both the public and the private sector. It illustrates this phenomenon by highlighting a few key players in both the development and implementation of facial recognition. Second, it proceeds by examining the current privacy landscape in Alaska. Alaska's unique focus on privacy rights makes the State a promising forum for regulation. Finally, it provides possible statutory and judicial solutions …

The Purposes Of The Act, Stuart L. Pimm

Duke Environmental Law & Policy Forum

No abstract provided.

Menhaden: Indicators Of A Hopeful Future, Sutton Lynch

Duke Environmental Law & Policy Forum

No abstract provided.

Navigating The Next 50 Years: The Endangered Species Act, Climate Change, And The Pursuit Of Abundance, Andrea A. Treece

Duke Environmental Law & Policy Forum

No abstract provided.

Between A Rock And A Hardened Place: Prioritizing Climate Resiliency For Vulnerable Biodiversity, Jaclyn Lopez

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel

Duke Law & Technology Review

In this article, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, preserving their value, and addressing the complex tax implications of transferring cryptocurrency to heirs.

Informationalism Beyond Managerialism, Salomé Viljoen

Law and Contemporary Problems

No abstract provided.

Beyond Patents: Incentive Strategies For Ocean Plastic Remediation Technologies, Jacob Stotser

Duke Law & Technology Review

With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and …

Democratizing Administrative Law, Joshua D. Blank, Leigh Osofsky

Duke Law Journal

When agencies make statements about the law, people listen. This insight yields a fundamental tension. According to one set of views, such agency statements, and their ability to influence public behavior, are critical not only for a well-functioning bureaucracy but also for our entire system of government. According to another set of views, this agency power, if left unchecked, could border on tyranny.

Administrative law responds to this tension through an extensive, purportedly comprehensive, framework that attempts to police agency statements. The framework places different types of agency statements into different legal categories. On the one hand, legislative rules make …

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Duke Law & Technology Review

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …

The Epistemic Preconditions Of Markets And Their Historicity, Lisa Herzog

Law and Contemporary Problems

No abstract provided.

Concepts, Contexts, Contests, Roy Kreitner

Law and Contemporary Problems

No abstract provided.

Methodological Tensions In Understanding Markets, Marietta Auer, Hanoch Dagan, Roy Kreitner, Ralf Michaels

Law and Contemporary Problems

No abstract provided.

The Epicycles Of General Equilibrium Theory, David Singh Grewal

Law and Contemporary Problems

No abstract provided.

"Just What Is Going On Here?" An Homage, Barak D. Richman

Law and Contemporary Problems

No abstract provided.

Bodies Of Evidence: The Criminalization Of Abortion And Surveillance Of Women In A Post-Dobbs World, Jolynn Dellinger, Stephanie Pell

Duke Journal of Constitutional Law & Public Policy

In the wake of Dobbs v. Jackson Women's Health Organization, state laws criminalizing abortion raise concerns about the investigation and prosecution of women seeking reproductive health care and about the surveillance such investigations will entail. The criminalization of abortion is not new, and the investigation of abortion crimes has always involved the surveillance of women. However, state statutes criminalizing abortion coupled with surveillance methods and technologies that did not exist pre-Roe present new and complex challenges surrounding the protection of women's privacy and liberty interests—in addition to the interests of those who may provide or help pregnant people obtain reproductive …

Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger

Duke Environmental Law & Policy Forum

No abstract provided.

The Lack Of Responsibility Of Higher Educaiton Institutions In Addressing Phishing Emails And Data Breaches, Muxuan (Muriel) Wang

Duke Law & Technology Review

Higher education institutions (HEIs) are highly susceptible to cyberattacks, particularly those facilitated through phishing, due to the substantial volume of confidential student and staff data and valuable research information they hold. Despite federal legislations focusing on bolstering cybersecurity for critical institutions handling medical and financial data, HEIs have not received similar attention. This Note examines the minimal obligations imposed on HEIs by existing federal and state statutes concerning data breaches, the absence of requirements for HEIs to educate employees and students about phishing attacks, and potential strategies to improve student protection against data breaches.

Among The Rarest: Saving The Eastern North Pacific Right Whale, Elza Bouhassira

Alaska Law Review

The North Pacific Right Whale (NPRW) is perhaps the rarest, most endangered large whale species in the world. Only about thirty surviving individuals make up the eastern population, which lives in waters around Alaska. This note aims to highlight the crisis facing eastern NPRWs and the steps that can be taken to support the recovery of this rare whale. The paper first presents information on the history of the species and its importance. It next examines existing international and domestic U.S. legal regimes as well as a pending petition to revise NPRW critical habitat off of Alaska. Finally, it advances …

Sustainable Mining Challenges: Alaska Water Permitting And The United States Green Energy Transition, Morgan Pettit

Alaska Law Review

This Note addresses the myriad of legal and regulatory barriers new mining projects face in Alaska at present. These barriers have become increasingly important at a time when the United States has sought to bolster its domestic mineral supply chain. With over 100 newly located critical mineral deposits, Alaska may be the best place in the United States to establish further domestic sources of critical minerals. By streamlining the regulatory process at both the federal and state level, Alaska can better (1) protect domestic supply chains from global disruptions; (2) maximize the economic benefits of meeting increased global demand for …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

We're Gonna Need A Bigger Boat: The Importance Of Increased Shark Conservation Across Countries, States, And The High Seas, Emma Shahabi

Duke Environmental Law & Policy Forum

Sharks serve invaluable roles as apex predators in the world's ocean ecosystems. However, the rise of the shark fin trade and incidental bycatch have drastically eliminated shark populations so that several species are close to extinction. Without substantial upgrades to existing international frameworks including CITES, CMS, and IPOA-Sharks, and regulatory bodies such as RFMOs, shark populations may pass beyond recovery. However, strengthening those regulations, along with expanding the U.S.'s role as a leader in shark conservation carries significant potential in protecting shark populations. Lastly, governments and conservation entities must substantially increase research and public awareness regarding the issue to ensure …

Fighting Utility Wildfire With Knowledge Management, Catherine J.K. Sandoval

Duke Environmental Law & Policy Forum

No abstract provided.

The Past As A Colonialist Resource, Deepa Das Acevedo

Duke Law Journal

Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.

Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …