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A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha Apr 2008

A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha

Law and Contemporary Problems

Tamanaha discusses Marc Galanter's holistic vision of the socio-legal terrain. Galanter's socio-legal vision has two central overlapping foci, and he always keeps an eye on each and on their interaction. The first focus is the official state legal system, which he examines from every conceivable angle: who becomes lawyers, how are they trained, how many lawyers are there, what are the circumstances of their work environment, who pays for their services. Galanter also focuses on what they are not doing (intentionally or otherwise), inquiring into the implications and consequences of their inaction. These inquiries extend from the official legal system …


Requiem For Section 1983, Paul D. Reingold Apr 2008

Requiem For Section 1983, Paul D. Reingold

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger Apr 2008

Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger

Law and Contemporary Problems

Schlanger talks about jail strip-search cases and its participants. Among the interesting features of these cases is that many different kinds of lawyers work on them. Plaintiffs' lawyers include employees of public-interest organizations; large law firm lawyers, often working pro bono, with a cooperating relationship with such a public-interest organization; lawyers with a private prisoners' rights or police-misconduct practice; and lawyers with a more varied or general class-action practice. This is somewhat unusual; the litigation bar has, by all accounts, grown increasingly specialized over the past several generations.


The Study Of Law And India’S Society: The Galanter Factor, Robert Moog Apr 2008

The Study Of Law And India’S Society: The Galanter Factor, Robert Moog

Law and Contemporary Problems

Moog pursues three related themes or lines of inquiry that have marked her own research, the roots of which are to be found in Marc Galanter's earlier works and the broader law-and-society movement. These include, the significance of lower courts, the role of the local bar, and the evolution of alternatives to formal court proceedings all represent essential areas for exploration in the attempt to understand the successes and failures of the Indian justice system.


Is It Wrong To Sue For Rape?, Tom Lininger Apr 2008

Is It Wrong To Sue For Rape?, Tom Lininger

Duke Law Journal

The title of this Article poses a rhetorical question. Of course it is not improper to site a rapist. The act of rape qualifies as a tort in all fifty states. Rape causes egregious injuries, both physical and psychological. The Supreme Court regards rape as the ultimate violation of personal autonomy. Other than homicide, no act is more plainly tortious. Yet the criminal justice system is surprisingly hostile to civil suits by rape survivors. Judges in criminal cases virtually always allow impeachment of accusers with evidence of civil suits against the alleged assailants or third parties. This Article surveys every …


Regulating Corporations The American Way: Why Exhaustive Rules And Just Deserts Are The Mainstay Of U.S. Corporate Governance, Jonas V. Anderson Feb 2008

Regulating Corporations The American Way: Why Exhaustive Rules And Just Deserts Are The Mainstay Of U.S. Corporate Governance, Jonas V. Anderson

Duke Law Journal

No abstract provided.


The Internationalization Of Public Interest Law, Scott L. Cummings Feb 2008

The Internationalization Of Public Interest Law, Scott L. Cummings

Duke Law Journal

This Article describes and explains the influence of global change on American public interest law over the past quarter-century. It suggests that contemporary public interest lawyers, unlike their civil rights-era predecessors, operate in a professional environment integrated into the global political economy in ways that have profound implications for whom they represent, where they advocate, and what sources of law they invoke. The Article provides a preliminary map of this professional environment by tracing the impact of three defining transnational processes on the development of the modem public interest law system: the increasing magnitude and changing composition of immigration, the …


To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz Jan 2008

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Faculty Scholarship

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …


Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley Jan 2008

Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley

Faculty Scholarship

No abstract provided.


Prosecuting Aggression, Noah Weisbord Jan 2008

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …


The Law School Clinic As A Partner In A Medical-Legal Partnership, Jane R. Wettach Jan 2008

The Law School Clinic As A Partner In A Medical-Legal Partnership, Jane R. Wettach

Faculty Scholarship

No abstract provided.


Is The Office Closed? The Role Of The Office Of Victims’ Rights After Cooper V. District Court, Richard Allen Dec 2007

Is The Office Closed? The Role Of The Office Of Victims’ Rights After Cooper V. District Court, Richard Allen

Alaska Law Review

No abstract provided.


The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt Dec 2007

The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt

Duke Law Journal

No abstract provided.


A Budding Theory Of Willful Patent Infringement: Orange Books, Colored Pills, And Greener Verdicts, Christopher A. Harkins Oct 2007

A Budding Theory Of Willful Patent Infringement: Orange Books, Colored Pills, And Greener Verdicts, Christopher A. Harkins

Duke Law & Technology Review

The rules of engagement in the brand-name versus generic-drug war are rapidly changing. Brand-name manufacturers face increasing competition from Canadian manufacturers of generic drugs, online drug companies, and Wal-Mart® Super Centers deciding to cash in by turning a piece of the generic prescription drug business into a huge marketing campaign with offerings of generic drugs for four dollar prescriptions. Other discount drug providers are likely to follow suit in hopes of boosting customer traffic and sales of their generic drugs. Now, more than ever before, attorneys representing owners of pharmaceutical patents need to be creative with their damages theories to …


Silent Sacrifices: The Impact Of “Don’T Ask, Don’T Tell” On Lesbian And Gay Military Families, Kathi Westcott, Rebecca Sawyer May 2007

Silent Sacrifices: The Impact Of “Don’T Ask, Don’T Tell” On Lesbian And Gay Military Families, Kathi Westcott, Rebecca Sawyer

Duke Journal of Gender Law & Policy

The sacrifices of the nation's 65,000 lesbian, gay, and bisexual military personnel2 and the one million lesbian, gay, and, bisexual veterans, however, have only recently garnered significant attention.3 Media stories such as that of former Army Sergeant Bleu Copas, an Arabic linguist with the 82nd Airborne, illustrate the impact of the "Don't Ask, Don't Tell" law on individual service members as well as the law's impact on the military's personnel needs.4 Yet the impact of "Don't Ask, Don't Tell" on gay military families has garnered little public attention because few families headed by a same-sex couple, in which one partner …


National Lesbian And Gay Law Foundation Lavender Law 2006 “Rum, Sodomy, And The Lash”: What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Sharra E. Greer, Elizabeth L. Hillman, Diane H. Mazur, Warrington S. Parker Iii May 2007

National Lesbian And Gay Law Foundation Lavender Law 2006 “Rum, Sodomy, And The Lash”: What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Sharra E. Greer, Elizabeth L. Hillman, Diane H. Mazur, Warrington S. Parker Iii

Duke Journal of Gender Law & Policy

No abstract provided.


Foreword, Johnathan K. Ocko Apr 2007

Foreword, Johnathan K. Ocko

Duke Journal of Comparative & International Law

No abstract provided.


Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz Jan 2007

Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz

Faculty Scholarship

This article attempts to explain empirically the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as "transaction cost engineers" and "reputational intermediaries." This new model not only helps inform contract theory but also reveals a profoundly different vision than those of existing models for the future of legal education and the profession.


Criminal Procedure Within The Firm, Samuel W. Buell Jan 2007

Criminal Procedure Within The Firm, Samuel W. Buell

Faculty Scholarship

It seems improbable that the theoretical and doctrinal framework of criminal procedure, developed mostly through a binary model of the individual and the state, would fit without modification in the tripartite model of the state, the firm, and the individual that characterizes the investigation and sanctioning of criminal conduct within legal entities. This intuition—which has been underexplored in spite of heated public debate about the state’s practices in this area—proves correct. I develop some components of a framework for understanding procedure for individual cases of criminal wrongdoing within firms and generating insights to guide reform. The process of pursuing individual …


Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman Oct 2006

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.


Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall Oct 2006

Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall

Law and Contemporary Problems

No abstract provided.


The New Global Financial Landscape: Why Egregious International Corporate Fraud Should Be Cognizable Under The Alien Tort Claims Act, Joel Slawotsky Oct 2006

The New Global Financial Landscape: Why Egregious International Corporate Fraud Should Be Cognizable Under The Alien Tort Claims Act, Joel Slawotsky

Duke Journal of Comparative & International Law

No abstract provided.


Exclusive Of What? The Historical Context Of The 1970 “Metlakatla” Amendment To Pl 280, Andy Harrington Jun 2006

Exclusive Of What? The Historical Context Of The 1970 “Metlakatla” Amendment To Pl 280, Andy Harrington

Alaska Law Review

No abstract provided.


Enforcement Of Financial Obligations In A Condominium Or Apartment Ownership Scheme, Cornelius Van Der Merwe, Luis Muñiz-Argüelles Apr 2006

Enforcement Of Financial Obligations In A Condominium Or Apartment Ownership Scheme, Cornelius Van Der Merwe, Luis Muñiz-Argüelles

Duke Journal of Comparative & International Law

No abstract provided.


Who Is In Charge, And Who Should Be? The Disciplinary Role Of The Commander In Military Justice Systems, Lindsy Nicole Alleman Apr 2006

Who Is In Charge, And Who Should Be? The Disciplinary Role Of The Commander In Military Justice Systems, Lindsy Nicole Alleman

Duke Journal of Comparative & International Law

No abstract provided.


Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr. Jan 2006

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Faculty Scholarship

No abstract provided.


Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler Jan 2006

Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler

Faculty Scholarship

In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …


Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher Jan 2006

Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher

Faculty Scholarship

No abstract provided.


Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr. Jan 2006

Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Organizational Form As Status And Signal, Kimberly D. Krawiec Jan 2005

Organizational Form As Status And Signal, Kimberly D. Krawiec

Faculty Scholarship

In this Article, the author analyzes the reactions of 147 New York City law firms to the 1994 enactment of the New York Limited Liability Partnership statute, which provided New York law firm partners with the first convenient mechanism to limit their personal liability for partnership debts. Using both quantitative and qualitative evidence, she evaluates whether the behavior of New York law firms supports the signaling theory of organizational form - that is, the theory that firms use the partnership form to signal to the marketplace that they provide high quality legal services, due to either superior monitoring or to …