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Articles 1 - 30 of 1150
Full-Text Articles in Entire DC Network
State Public Morality Regulation And The Dormant Commerce Clause, Douglas Kysar
State Public Morality Regulation And The Dormant Commerce Clause, Douglas Kysar
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio
Duke Environmental Law & Policy Forum
No abstract provided.
In The Dark: State V. Alaska Legislative Council And Public-School Funding In The Face Of The Dedicated Funds Clause, Joe Perry
Alaska Law Review
In the past several years, Alaska has faced many challenges in its public education system. These challenges gave rise to an intense political debate, significant new legislation, and a protracted battle over the future of funding for public education. Governor Mike Dunleavy and the state legislature publicly clashed over the implementation of H.B. 287, a 2018 state law designed to provide financial stability to ailing schools and curtail teacher layoffs. In 2022, the Supreme Court of Alaska resolved the dispute in favor of the governor and found a contentious piece of state legislation unconstitutional under the states "Dedicated Funds Clause." …
Towards Better Local Governance In Alaska's Unorganized Borough, Jake Sherman
Towards Better Local Governance In Alaska's Unorganized Borough, Jake Sherman
Alaska Law Review
Alaska's unorganized borough is the only unincorporated county-equivalent area in the entire United States, but the Alaska Constitution never envisioned that would be the case. The framers of the Alaska Constitution drafted a revolutionary article on local government that prioritized localism—participation in local government—to further democratic engagement in the state. Recognizing that much of rural Alaska lacked the population and infrastructure to support incorporated and localized self-governance in the 1950s, the framers opted not to automatically incorporate the entire state under various borough governments. Even so, the framers made clear that the state was to play an active role in …
Fighting Utility Wildfire With Knowledge Management, Catherine J.K. Sandoval
Fighting Utility Wildfire With Knowledge Management, Catherine J.K. Sandoval
Duke Environmental Law & Policy Forum
No abstract provided.
"We're Not Selling Ice Cream Here": Plcaa, The Predicate Exception, And Providing Relief For Plaintiffs, Emma Kilroy
"We're Not Selling Ice Cream Here": Plcaa, The Predicate Exception, And Providing Relief For Plaintiffs, Emma Kilroy
Duke Law Journal
In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) put a stop to most civil litigation against the firearms industry. In the nineteen years since, victims of gun violence have attempted to bring claims against members of the firearms industry, with varying degrees of success, using an exception to PLCAA known as the predicate exception. Recently, states have begun to pass legislation creating a right of action for plaintiffs to take advantage of the predicate exception. Whether the new legislation will be successful, however, remains to be seen.
This Note examines all of the available cases considering the …
Next-Generation Data Governance, Kimberly A. Houser, John W. Bagby
Next-Generation Data Governance, Kimberly A. Houser, John W. Bagby
Duke Law & Technology Review
The proliferation of sensors, electronic payments, click-stream data, location-tracking, biometric feeds, and smart home devices, creates an incredibly profitable market for both personal and non-personal data. It is also leading to an amplification of harm to those from or about whom the data is collected. Because federal law provides inadequate protection for data subjects, there are growing calls for organizations to implement data governance solutions. Unfortunately, in the U.S., the concept of data governance has not progressed beyond the management and monetization of data. Many organizations operate under an outdated paradigm which fails to consider the impact of data use …
Structural Inequality And The New Markets Tax Credit, Michelle D. Layser, Andrew J. Greenlee
Structural Inequality And The New Markets Tax Credit, Michelle D. Layser, Andrew J. Greenlee
Duke Law Journal
The New Markets Tax Credit (“NMTC”) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of the underrepresentation of minority-led institutions in the NMTC program. Based on original interviews with representatives of Community Development Entities (“CDEs”), investors, borrowers, and consultants who participate in the NMTC program, this Article describes the “NMTC ecosystem,” a complex, relationship-driven network of NMTC program participants who influence decision-making and create opportunities for success …
With Regard For Persons, William Boyd
With Regard For Persons, William Boyd
Law and Contemporary Problems
No abstract provided.
Regulatory Managerialism As Gaslighting Government, Jodi L. Short
Regulatory Managerialism As Gaslighting Government, Jodi L. Short
Law and Contemporary Problems
No abstract provided.
Power And Knowledge In Policy Evaluation: From Managing Budgets To Analyzing Scenarios, Frank Pasquale
Power And Knowledge In Policy Evaluation: From Managing Budgets To Analyzing Scenarios, Frank Pasquale
Law and Contemporary Problems
No abstract provided.
The Surprising Surrey: Stanley S. Surrey As Educator, Mentor, And Institution Builder, Ajay K. Mehrotra
The Surprising Surrey: Stanley S. Surrey As Educator, Mentor, And Institution Builder, Ajay K. Mehrotra
Law and Contemporary Problems
No abstract provided.
What Would Surrey Say? The Long Reach Of Stanley S. Surrey, Reuven Avi-Yonah, Nir Fishbien
What Would Surrey Say? The Long Reach Of Stanley S. Surrey, Reuven Avi-Yonah, Nir Fishbien
Law and Contemporary Problems
No abstract provided.
The (Tax) Policy Entrepreneur, Mirit Eyal-Cohen
The (Tax) Policy Entrepreneur, Mirit Eyal-Cohen
Law and Contemporary Problems
No abstract provided.
Stanley Surrey, The New Deal, And The Virtues Of Incremental Tax Reform, Joseph J. Thorndike
Stanley Surrey, The New Deal, And The Virtues Of Incremental Tax Reform, Joseph J. Thorndike
Law and Contemporary Problems
No abstract provided.
When An Aspiring Tax Lawyer Considered Labor Unions Important To The Future Of Capitalism, Catherine L. Fisk
When An Aspiring Tax Lawyer Considered Labor Unions Important To The Future Of Capitalism, Catherine L. Fisk
Law and Contemporary Problems
No abstract provided.
The Last Black Tobacco Union: Local 208, Segregated Seniority, And The Integrating South, Kathy Rong Zhou
The Last Black Tobacco Union: Local 208, Segregated Seniority, And The Integrating South, Kathy Rong Zhou
Duke Law Journal
After federal reforms in the 1930s protected the right to organize, the Tobacco Workers International Union made quick work of mobilizing the American South. Its unions, though segregated, made strides. Yet Black unions’ collective bargaining gains could not transcend one of the South’s most oppressive employment practices: segregated systems for worker seniority. One Black union, Local 208 at Liggett & Myers Tobacco Company in Durham, North Carolina, fought for seniority rights for more than three decades. During this time, the federal government increasingly pressured Southern industry and labor to desegregate. Steadfast, Local 208 refused to merge with any white union …
Blaine In The Joints: The History Of Blaine Amendments And Modern Supreme Court Religious Liberty Doctrine In Education, Mccarley Elizabeth Maddock
Blaine In The Joints: The History Of Blaine Amendments And Modern Supreme Court Religious Liberty Doctrine In Education, Mccarley Elizabeth Maddock
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson
Issues In Implementing Special Domestic Violence Criminal Jurisdiction In Alaska's Tribal Courts, Danika Watson
Alaska Law Review
Until 2022, all but one of the 229 Alaska tribes were barred from special domestic violence criminal jurisdiction (SDVCJ): Congress's jurisdictional tool for tribal courts to address domestic violence and hold perpetrators of violence against Alaska Native women criminally accountable. The reauthorization of the Violence Against Women Act (VAWA) in 2022 brought SDVCJ to Alaska's rural Native communities. This landmark achievement was made possible by decades of advocacy from Alaska's tribal, state, and federal leadership. In the wake of VAWA 2022, Alaska tribes and tribal justice systems face several significant legal, political, and cultural challenges. This Article outlines the legal …
The Enforcement Value Of Disclosure, Stephanie Bornstein
The Enforcement Value Of Disclosure, Stephanie Bornstein
Duke Law Journal
Information disclosures often “nudge” consumers to make better choices—for example, when manufacturers include nutrition labels on food packaging or fuel economy standards on cars. Yet having to disclose can have a nudge effect on the disclosing entity, too—for example, by incentivizing a manufacturer to make healthier food or more fuel-efficient cars. Recently, regulators around the world have begun to use information disclosures to improve racial and gender equality—for example, by requiring certain businesses to disclose information on things like harassment complaints, board diversity, and employee pay. But are such disclosure efforts worth their costs? And what would indicate that policymakers …
Diversion And/As Decarceration, Katherine Beckett
Diversion And/As Decarceration, Katherine Beckett
Law and Contemporary Problems
No abstract provided.
North Carolina Law Enforcement Assisted Diversion (Lead): Considerations For Optimizing Eligibility And Referral, Allison R. Gilbert, Reah Siegel, Michele M. Easter, Meret S. Hofer, Josie Caves Sivaraman, Deniz Ariturk, Jeffrey W. Swanson, Marvin S. Swartz, Ruth Wygle, Grace Feng
North Carolina Law Enforcement Assisted Diversion (Lead): Considerations For Optimizing Eligibility And Referral, Allison R. Gilbert, Reah Siegel, Michele M. Easter, Meret S. Hofer, Josie Caves Sivaraman, Deniz Ariturk, Jeffrey W. Swanson, Marvin S. Swartz, Ruth Wygle, Grace Feng
Law and Contemporary Problems
No abstract provided.
In Consideration Of The Behavioral Health Of Police, Meret S. Hofer, Jennifer Rineer
In Consideration Of The Behavioral Health Of Police, Meret S. Hofer, Jennifer Rineer
Law and Contemporary Problems
No abstract provided.
Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter
Purpose Or Profit?: The Rise Of Public Benefit Corporations In The Technology Industry, Alanna Potter
Duke Law & Technology Review
Over the last several years, the demand for socially responsible companies has exploded. Many states have responded to this demand by offering a new corporate form, the public benefit corporation (“PBC”), which arguably allows companies to prioritize social benefit in a way that traditional corporations cannot. The technology industry has adopted the PBC structure at higher rates than corporations in other industries. This Note offers reasons for the appeal of PBCs to corporations generally and to the technology sector in particular. This Note also explores why technology companies may be able to achieve the goals discussed without the need for …
Dignity And Respect At All Times: How Federal Agencies Can Measure Up In Complying With Nagpra And Related Statutes, Catherine E. Kanatas, Maxwell Smith
Dignity And Respect At All Times: How Federal Agencies Can Measure Up In Complying With Nagpra And Related Statutes, Catherine E. Kanatas, Maxwell Smith
Duke Environmental Law & Policy Forum
No abstract provided.
Addressing Green Energy's "Resource Curse", Roger E. Meiners, Andrew P. Morriss
Addressing Green Energy's "Resource Curse", Roger E. Meiners, Andrew P. Morriss
Duke Environmental Law & Policy Forum
Policy changes that encourage non-fossil fuel energy mean increased reliance on batteries and other technologies that must develop rapidly. This article focuses on batteries, noting that key inputs come from corrupt countries, so little of the benefits of exports flow to citizens, and many key finished mineral products come from China. The United States thereby becomes more reliant on autocratic regimes. Using cobalt as an example, this article looks at the nature of its production, the inability of the United States to shoulder its share of the environmental burden of mineral extraction and refining, and looks to previous examples of …
Law Over Legalism: International Court Legitimacy In Lautsi V. Italy, Sebastián Guidi
Law Over Legalism: International Court Legitimacy In Lautsi V. Italy, Sebastián Guidi
Duke Journal of Comparative & International Law
2009 brought an existential crisis to the European Court of Human Rights (ECtHR). In November, it unanimously ordered Italy to remove crucifixes from public schools. Backlash was unprecedented. The government promptly announced it would not comply. Politicians and social actors all across the political spectrum harshly criticized the decision and bashed the Court. Ten European countries joined Italy in referring the case to the Grand Chamber of the Court, which reversed the decision in 2011. The storm abated. Lautsi v. Italy likely received the most public attention of any ECtHR judgment. Much of the Court’s subsequent case-law was decided with …
New Perspectives On Iran: The Path To Progressive Family Law Before The Islamic Revolution, Neeki Memarzadeh
New Perspectives On Iran: The Path To Progressive Family Law Before The Islamic Revolution, Neeki Memarzadeh
Duke Journal of Comparative & International Law
A progressive Iranian women's rights movement has slipped through the cracks of mainstream scholarship. In the 1960s, Iranian women rallied for progressive family law reforms; their efforts culminated in the Family Protection Law of 1967. This note provides an alternative view of the women's rights movement in the Middle East and highlights how a social movement gave rise to comprehensive and progressive family law reform. Over the last century, Iran has been under authoritarian rule, first in the form of a monarchy and now in a theocracy. In spite of this, Iranian women have been steadfast in the fight for …
Forced Justice: The Kosovo Specialist Chambers, Sara L. Ochs, Kirbi Walters
Forced Justice: The Kosovo Specialist Chambers, Sara L. Ochs, Kirbi Walters
Duke Journal of Comparative & International Law
The Kosovo Specialist Chambers (KSC), the court created to adjudicate war crimes and crimes against humanity committed in Kosovo at the turn of the century, is the world’s newest hybrid tribunal. The KSC is classified as a hybrid tribunal because it ostensibly blends aspects of international and domestic law and resources. Upon examination, however, the KSC departs in critical ways from the traditional concept of a hybrid tribunal, representing an internationally dominated court with minimal local involvement. By detailing the history of judicial mechanisms employed to prosecute crimes committed during and in the aftermath of the Kosovo War from 1998-1999, …
Keynote Address: Alaska Native Peoples And The Environment, Elizabeth Saagulik Hensley, Esq.
Keynote Address: Alaska Native Peoples And The Environment, Elizabeth Saagulik Hensley, Esq.
Alaska Law Review
No abstract provided.