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Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth M. Frankel

Duke Forum for Law & Social Change

No abstract provided.

Called Out At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman

Duke Forum for Law & Social Change

No abstract provided.

Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman

Law and Contemporary Problems

Liebman reviews two recent studies evaluating the use of interest-based mediation to resolve medical malpractice claims. The first studied cases brought against the New York City Health and Hospitals Corporation, and the second, Mediating Suits against Hospitals, studied cases brought against private New York City hospitals. How non-participation of physicians in mediations diminishes opportunities to achieve noneconomic goals that plaintiffs desire is analyzed.

Foreword, Avishalom Tor

Law and Contemporary Problems

The collection of articles in this Special Issue is based on an international conference on Advances in the Behavioral Analysis of Law: Markets, Institutions, and Contracts that took place on December 8, 2009 at the University of Haifa Faculty of Law in Israel. The conference addressed cuttingedge legal issues at the intersection of law, economics, and psychology from a diverse set of viewpoints, bringing together scholars engaged in both theoretical and experimental behavioral analyses of law.

Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov

Law and Contemporary Problems

No abstract provided.

Where Are My Children … And My Rights? Parental Rights Termination As A Consequence Of Deportation, C. Elizabeth Hall

Duke Law Journal

The U.S. Supreme Court has set out a constitutional framework under which termination-of-parental-rights cases must be adjudicated in state courts. In all cases, this framework requires proof of parental unfitness by clear and convincing evidence before parental rights can be terminated, even when the parents in question are illegal immigrants. Despite this framework, in a rash of recently published cases, courts have terminated the parental rights of illegal immigrant parents without regard for these requirements. Those who work closely with immigrants fear that the published instances are merely the tip of the iceberg. This Note aims to shed light on …

The Attorney–Client Privilege And Discovery Of Electronically-Stored Information, Adjoa Linzy

Duke Law & Technology Review

The attorney-client privilege is the most sacred and important privilege in our legal system. Despite being at the center of daily practice, the privilege still remains a mystery for many lawyers. This is primarily because the privilege is not absolute, and there are certain actions or non-actions that may waive it. The application of the privilege is further complicated by electronic discovery, which has both benefits and drawbacks. On one hand, it has made the practice of law more efficient. On the other hand, it has made it easier to inadvertently waive the attorney-client privilege in response to a discovery …

The North Carolina Association Of Women Attorneys: Creating Camaraderie, Nurturing Leaders, And Protecting The Rights Of Women, Carolyn Mcallaster, Jennifer Brobst

Faculty Scholarship

No abstract provided.

Public Funding Of Judicial Campaigns: The North Carolina Experience And The Activism Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

In recent years, the problem of selecting judges to sit on the highest state courts has become a national crisis. North Carolina remains among the states whose constitutions require competitive elections of all its judges. Presently, all candidates for its judicial offices must first compete for election in a non-partisan primary, a system motivated by the desire to maximize the power of the state’s citizen-voters to choose their judges and hold them accountable for their fidelity to the law. Some observers have continued to celebrate such judicial elections as an honorable democratic empowerment, while others have not. The disagreement has …

Viewpoint Neutrality And Government Speech, Joseph Blocher

Faculty Scholarship

Government speech creates a paradox at the heart of the First Amendment. To satisfy traditional First Amendment tests, the government must show that it is not discriminating against a viewpoint. And yet if the government shows that it is condemning or supporting a viewpoint, it may be able to invoke the government speech defense and thereby avoid constitutional scrutiny altogether. Government speech doctrine therefore rewards what the rest of the First Amendment forbids: viewpoint discrimination against private speech. This is both a theoretical puzzle and an increasingly important practical problem. In cases like Pleasant Grove City, Utah v. Summum, the …

Defining International Law Librarianship In An Age Of Multiplicity, Knowledge, And Open Access To Law, Richard A. Danner

Faculty Scholarship

Many law librarians are experts in international law and legal research. The concept of ‘international law librarianship’, however, encompasses something more than a field of study in which a group of experts practise their profession. In the broader sense, the idea suggests a common calling, similar interests, and goals shared by librarians with a range of specialties beyond international law, working in all types of law libraries. What commonalities create and sustain the concept of international law librarianship? This paper suggests that they can be found in: law librarians’ common need to respond to the ‘multiplicity’ of information sources facing …

Government Property And Government Speech, Joseph Blocher

Faculty Scholarship

The relationship between property and speech is close but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have – physical things, bundles of rights, or something else entirely?

In the context of government property and government speech, the ill-defined relationship …

Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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 …

Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler

Duke Law Journal

No abstract provided.

If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.

Faculty Scholarship

This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.

The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose

Duke Journal of Gender Law & Policy

No abstract provided.

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Winkelman: Pro Se Parents Of Children With Disabilities In The Courts (Or Not?), Sonja Kerr

Alaska Law Review

No abstract provided.

Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake

Duke Journal of Constitutional Law & Public Policy Sidebar

This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.

Rethinking Colorblind State Action: A Thought Experiment On Racial Preferences, Michele Goodwin, Nevin Gewertz

Law and Contemporary Problems

No abstract provided.

Making Law Students Client-Ready: A New Model In Legal Education, John Burwell Garvey, Anne F. Zinkin

Duke Forum for Law & Social Change

No abstract provided.

Just Because You Can Measure Something, Does It Really Count?, Laura Denvir Stith

Duke Law Journal

No abstract provided.

Harbison V. Bell, Sarah Rutledge

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The Second Wave Of Comparative Law And Economics?, Ralf Michaels

Faculty Scholarship

Comment on a text by Gillian Hadfield, The Levers of Legal Design: Institutional Determinants of the Quality of Law, 36 Journal of Comparative Economics 43 (2008)

Political Parties In China’S Judiciary, Jonathan K. Ocko, Zhu Suli

Faculty Scholarship

Professor Suli delivered the Fifth Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2006 and this article is based on his remarks, with a foreword by Jonathan Ocko. The article is included in the inaugural volume of CICLOPs thatcollects the first six Bernstein lectures. In responding to Sending Law to the Countryside, Professor Frank Upham levied a number of criticisms against Professor Zhu Suli’s book. Of particular importance was Upham’s criticism concerning a lack of attention to the role of politics and political power in the Chinese legal system. Suli finds this criticism to be extremely important because …

Policing The Corporate Citizen: Arguments For Prosecuting Organizations, Daniel L. Cheyette

Alaska Law Review

No abstract provided.

Marsingill V. O’Malley: The Duty To Disclose Becomes The Duty To Divine, Douglas E. Hutchinson

Alaska Law Review

No abstract provided.