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Articles 241 - 270 of 503
Full-Text Articles in Entire DC Network
Year In Review 1998: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Michael P. Carey, Alison C. Conlon, Steven E. Miskinis, Justin C. Sullivan
Year In Review 1998: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Michael P. Carey, Alison C. Conlon, Steven E. Miskinis, Justin C. Sullivan
Alaska Law Review
No abstract provided.
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
Rights And Responsibilities: Protecting The Victims Of Armed Conflict, Kenneth J. Keith
Rights And Responsibilities: Protecting The Victims Of Armed Conflict, Kenneth J. Keith
Duke Law Journal
No abstract provided.
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Rethinking Freedom Of Contract: A Bankruptcy Paradigm, Steven L. Schwarcz
Rethinking Freedom Of Contract: A Bankruptcy Paradigm, Steven L. Schwarcz
Faculty Scholarship
This Article tests the limits of private contracting by examining what it means to contract about bankruptcy. Bankruptcy law if governed by a statutory code that defines the relationship between debtors and creditors when a debtor enters the bankruptcy regulatory scheme. May debtors and creditors contract in advance to change that relationship? Or would these contracts be "Faustian" bargains that the state should not enforce? Both courts and scholars are in conflict, yet the answer is critical because it affects not only bankruptcy costs but also the structuring of corporate reorganizations and securitization transactions. I maintain that the threshold question--what …
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau
Law and Contemporary Problems
Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.
Appendix: American Bar Association Resolution
Appendix: American Bar Association Resolution
Law and Contemporary Problems
The ABA's resolution and report regarding its moratorium on capital punishment is offered.
New Institutions For Old Neighborhoods, Robert C. Ellickson
New Institutions For Old Neighborhoods, Robert C. Ellickson
Duke Law Journal
Residential Community Associations are now the norm in new suburban developments, and in this Article, Professor Robert Ellickson suggests that existing neighborhoods, in inner cities and elsewhere, would benefit from similar institutions. Specifically, he proposes the creation of Block Improvement Districts. These District, would typically be formed by supermajorities of property owners, who would need to have the power to override objectors to avoid the free rider problem inherent in many kinds of group action. Once formed, these Districts would collect fees from member property owners and, in return, would provide block-level public goods. After exploring both the theoretical and …
Can A California Litigant Prevail In An Action For Legal Malpractice Based On An Attorney’S Oral Argument Before The United States Supreme Court?, Krista M. Enns
Duke Law Journal
No abstract provided.
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Law and Contemporary Problems
Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.
Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos
Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos
Law and Contemporary Problems
The ignored questions of Department of Justice compensation, recruitment, and staffing are considered.
Hiv Law & Policy: Keynote Address, Eric P. Goosby
Hiv Law & Policy: Keynote Address, Eric P. Goosby
Duke Journal of Gender Law & Policy
No abstract provided.
A Waiting Room Of Their Own: The Family Care Network As A Model For Providing Gender-Specific Legal Services To Women With Hiv, Jeffrey Selbin, Mark Del Monte
A Waiting Room Of Their Own: The Family Care Network As A Model For Providing Gender-Specific Legal Services To Women With Hiv, Jeffrey Selbin, Mark Del Monte
Duke Journal of Gender Law & Policy
No abstract provided.
An Hiv Advocate’S View Of Family Court: Lessons From A Broken System, Lauren Shapiro
An Hiv Advocate’S View Of Family Court: Lessons From A Broken System, Lauren Shapiro
Duke Journal of Gender Law & Policy
No abstract provided.
The Paradigm Shift In Medicaid: Women With Hiv Under Managed Care, Katherine Marconi, Barney Singer, Marsha Fahrer
The Paradigm Shift In Medicaid: Women With Hiv Under Managed Care, Katherine Marconi, Barney Singer, Marsha Fahrer
Duke Journal of Gender Law & Policy
No abstract provided.
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Duke Law Journal
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
Warrantless Searches For Alcohol By Native Alaskan Villages: A Permissible Exercise Of Sovereign Rights Or An Assault On Civil Liberties?, Pat Hanley
Alaska Law Review
No abstract provided.
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Law and Contemporary Problems
Fisch examines the evolution of the class action lawsuit and uses the qui tam provision as a model for exploring the structure and objectives of enforcement litigation.
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Duke Law Journal
Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences. The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …
Assignability Of Legal Malpractice Claims, Jennifer K. Mcdannell
Assignability Of Legal Malpractice Claims, Jennifer K. Mcdannell
Alaska Law Review
No abstract provided.
International Obligations To Search For And Arrest War Criminals: Government Failure In The Former Yugoslavia?, Walter Gary Sharp Sr.
International Obligations To Search For And Arrest War Criminals: Government Failure In The Former Yugoslavia?, Walter Gary Sharp Sr.
Duke Journal of Comparative & International Law
No abstract provided.
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality, William S. Brewbaker Iii
Law and Contemporary Problems
Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.
Achieving Justice Before The International War Crimes Tribunal: Challenges For The Defense Counsel, Mark S. Ellis
Achieving Justice Before The International War Crimes Tribunal: Challenges For The Defense Counsel, Mark S. Ellis
Duke Journal of Comparative & International Law
No abstract provided.
Attacking The Enemy Civilian As A Punishable Offense, William J. Fenrick
Attacking The Enemy Civilian As A Punishable Offense, William J. Fenrick
Duke Journal of Comparative & International Law
No abstract provided.
The Identity Crisis In Public Interest Law, David R. Esquivel
The Identity Crisis In Public Interest Law, David R. Esquivel
Duke Law Journal
No abstract provided.
Protecting The Avatars Of International Peace And Security, Walter Gary Sharp Sr.
Protecting The Avatars Of International Peace And Security, Walter Gary Sharp Sr.
Duke Journal of Comparative & International Law
No abstract provided.
Alaska’S English Rule: Attorney’S Fee Shifting In Civil Cases, Susanne Di Pietro, Teresa W. Carns
Alaska’S English Rule: Attorney’S Fee Shifting In Civil Cases, Susanne Di Pietro, Teresa W. Carns
Alaska Law Review
No abstract provided.
Dilution Under Section 43(C) Of The Lanham Act, Miles J. Alexander, Michael K. Heilbronner
Dilution Under Section 43(C) Of The Lanham Act, Miles J. Alexander, Michael K. Heilbronner
Law and Contemporary Problems
No abstract provided.