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Duke Law

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“For The United States”: Government Lawyers In Court, Patricia M. Wald Jan 1998

“For The United States”: Government Lawyers In Court, Patricia M. Wald

Law and Contemporary Problems

Wald provides a largely impressionistic view of governmental layering in court.


Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld Dec 1997

Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld

Duke Law Journal

No abstract provided.


The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe Oct 1997

The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe

Duke Law Journal

I don't like prisoners. Nobody pretends to like them, but every once in a while, one of these people is right. And a society is judged by how it treats the least among it, not the best. I'm not worried about how presidents of banks and chairmen of the board and of country clubs are treated, or star quarterbacks, or other prima donnas. The job of the Constitution is to make sure that everyone is treated properly. [Prisoners] fall[] into the everybody category.


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 Oct 1997

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 …


Foreword, James D. Cox Jul 1997

Foreword, James D. Cox

Law and Contemporary Problems

No abstract provided.


The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch Jul 1997

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Law and Contemporary Problems

Lynch explores what it means or should mean to argue that a business misconduct matter is or isn't a "criminal case."


Improving The Court Process For Alaska’S Children In Need Of Aid, Susanne Di Pietro, Teresa W. Carns Jun 1997

Improving The Court Process For Alaska’S Children In Need Of Aid, Susanne Di Pietro, Teresa W. Carns

Alaska Law Review

No abstract provided.


The Trials Of Concurrent Jurisdiction: The Case Of Rwanda, Madeline H. Morris Apr 1997

The Trials Of Concurrent Jurisdiction: The Case Of Rwanda, Madeline H. Morris

Duke Journal of Comparative & International Law

No abstract provided.


Achieving Justice Before The International War Crimes Tribunal: Challenges For The Defense Counsel, Mark S. Ellis Apr 1997

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.


Justice And Reconciliation In The Great Lakes Region Of Africa: The Contribution Of The International Criminal Tribunal For Rwanda, Payam Akhavan Apr 1997

Justice And Reconciliation In The Great Lakes Region Of Africa: The Contribution Of The International Criminal Tribunal For Rwanda, Payam Akhavan

Duke Journal of Comparative & International Law

No abstract provided.


Sentencing By International Tribunals: A Human Rights Approach, William A. Schabas Apr 1997

Sentencing By International Tribunals: A Human Rights Approach, William A. Schabas

Duke Journal of Comparative & International Law

No abstract provided.


Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles

Faculty Scholarship

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …


Ancsa Corporation Lands And The Dependent Indian Community Category Of Indian Country, David M. Blurton Dec 1996

Ancsa Corporation Lands And The Dependent Indian Community Category Of Indian Country, David M. Blurton

Alaska Law Review

No abstract provided.


Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman Oct 1996

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.


The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint Oct 1996

The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint

Law and Contemporary Problems

No abstract provided.


Appendix C: Study Concerning The Right To Restitution, Compensation, And Rehabilitation For Victims Of Gross Violations Of Human Rights And Fundamental Freedoms: Un Document E/Cd.4/Sub.2/1993/8, Theo Van Boven Oct 1996

Appendix C: Study Concerning The Right To Restitution, Compensation, And Rehabilitation For Victims Of Gross Violations Of Human Rights And Fundamental Freedoms: Un Document E/Cd.4/Sub.2/1993/8, Theo Van Boven

Law and Contemporary Problems

No abstract provided.


Introduction, M. Cherif Bassiouni Oct 1996

Introduction, M. Cherif Bassiouni

Law and Contemporary Problems

Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.


Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni Oct 1996

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.


Coming To Terms With Atrocities: A Review Of Accountability Mechanisms For Mass Violations Of Human Rights, Neil J. Kriz Oct 1996

Coming To Terms With Atrocities: A Review Of Accountability Mechanisms For Mass Violations Of Human Rights, Neil J. Kriz

Law and Contemporary Problems

No abstract provided.


Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel Oct 1996

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Law and Contemporary Problems

The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.


Is American Violence A Crime Problem?, Franklin E. Zimring, Gordon Hawkins Oct 1996

Is American Violence A Crime Problem?, Franklin E. Zimring, Gordon Hawkins

Duke Law Journal

No abstract provided.


The Public Interest In Private Party Immunity: Extending Qualified Immunity From 42 U.S.C. § 1983 To Private Prisons, Robert G. Schaffer Mar 1996

The Public Interest In Private Party Immunity: Extending Qualified Immunity From 42 U.S.C. § 1983 To Private Prisons, Robert G. Schaffer

Duke Law Journal

No abstract provided.


Malpractice Immunity: An Illegitimate And Ineffective Response To The Indigent-Defense Crisis, Harold H. Chen Feb 1996

Malpractice Immunity: An Illegitimate And Ineffective Response To The Indigent-Defense Crisis, Harold H. Chen

Duke Law Journal

No abstract provided.


By Force Of Arms: Rape, War, And Military Culture, Madeline Morris Feb 1996

By Force Of Arms: Rape, War, And Military Culture, Madeline Morris

Duke Law Journal

No abstract provided.


Suppressing Illegal Gun Markets: Lessons From Drug Enforcement, Christoher S. Koper, Peter Reuter Jan 1996

Suppressing Illegal Gun Markets: Lessons From Drug Enforcement, Christoher S. Koper, Peter Reuter

Law and Contemporary Problems

No abstract provided.


Foreword, Philip J. Cook Jan 1996

Foreword, Philip J. Cook

Law and Contemporary Problems

No abstract provided.


Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr. Jan 1996

Melancholy Reunion: A Report From The Future On The Collapse Of Civil-Military Relations In The United States, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington Jan 1996

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Linking Gun Availability To Youth Gun Violence, Alfred Blumstein, Daniel Cork Jan 1996

Linking Gun Availability To Youth Gun Violence, Alfred Blumstein, Daniel Cork

Law and Contemporary Problems

No abstract provided.


The Role Of Firearms In Violence “Scripts”: The Dynamics Of Gun Events Among Adolescent Males, Deanna Wilkinson, Jeffrey Fagan Jan 1996

The Role Of Firearms In Violence “Scripts”: The Dynamics Of Gun Events Among Adolescent Males, Deanna Wilkinson, Jeffrey Fagan

Law and Contemporary Problems

No abstract provided.