Digital Commons Network^™

Living In The Shadow Of American Racism, James E. Coleman Jr.

Law and Contemporary Problems

No abstract provided.

Volume 106, Number 3 (2023)

Judicature

No abstract provided.

Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang

Duke Law & Technology Review

Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …

Space And Existential Risk: The Need For Global Coordination And Caution In Space Development, Chase Hamilton

Duke Law & Technology Review

This Article examines urgent risks resulting from outer space activities under the current space law regime. Emerging literature alarmingly predicts that the risk of a catastrophe that ends the human species this century is approximately 10–25%. Continued space development may increase, rather than decrease, overall existential risk due in part to crucial and identifiable market failures. Addressing these shortcomings should take priority over the competing commercial, scientific, and geopolitical interests that currently dominate in space policy. Sensible changes, including shifting space into a closed-access commons as envisioned by the 1979 Moon Treaty, may help in achieving existential security.

Volume 106, Number 2 (2022)

Judicature

No abstract provided.

Rev. Canon Beth Tjoflat, Gerald B. Tjoflat

Special Collections

A discussion with Judge Tjoflat regarding his involvement with the Episcopal Church, especially in the Diocese of Florida

Dean Michael P. Scharf, Gerald B. Tjoflat

Special Collections

A discussion with Judge Tjoflat regarding his relationships with older judges, other prominent influencers, and his time as chief judge of the U.S. Court of Appeals for the Eleventh Circuit

Designing Constitutions For A Lasting Democracy, Donald L. Horowitz, Elisabeth Perham

Judicature International

No abstract provided.

A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan

Judicature International

No abstract provided.

Rattlesnakes, Debt, And Arpa § 1005: The Existential Crisis Of American Black Farmers, Maia Foster, P. J. Austin

Duke Law Journal Online

No abstract provided.

Catchall Policing And The Fourth Amendment, Nirej Sekhon

Duke Law Journal Online

American police do a bit of everything. They direct traffic, resolve private disputes, help the sick and injured, and do animal control. Far less frequently than one might think, they make arrests. Americans reflexively call the police for troubles, big and small. The “catchall tradition” is shorthand for this melding of non-adversarial, public assistance with adversarial, crime-control functions. The catchall tradition means that civilians are exposed to the police’s coercive power as a condition of receiving police help. This Article contends that the catchall tradition is antithetical to constitutional police regulation. The Supreme Court has distinguished adversarial from non-adversarial state …

Dueling Dictionaries And Clashing Corpora, Kevin Tobia

Duke Law Journal Online

No abstract provided.

We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang

Duke Law Journal Online

No abstract provided.

Note From The Editor

Alaska Law Review

No abstract provided.

Ancsa Corporation Proxy Wars, Aaron M. Schutt

Alaska Law Review

When Congress passed the Alaska Native Claims Settlement Act in 1971 (ANCSA), it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. The Act made governance of those corporations largely subject to Alaska state law, including the laws and regulations applicable to corporate elections. This Article reviews the legal history of the corporate proxy wars and related election issues that the ANCSA corporations and candidates for their boards of directors have waged over the past nearly fifty years in proxy complaints filed with the Alaska Division of Securities, and in state and …

Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham

Alaska Law Review

Individuals convicted of sex offenses in Alaska are serving extremely long sentences in prison. The Alaska legislature restricted the ability of those convicted of sex offenses to have their cases referred to three-judge panels for sentencing outside the presumptive sentencing range set by the legislature. The Alaska Supreme Court then held that different forms of sexual penetration are distinct and separate offenses, meaning that the associated charges cannot be merged and the sentences must run consecutively. Thus, Alaska has embraced lengthy sentences for sex offenses. Unfortunately, this punitive practice is doing little to protect Alaskan communities or rehabilitate the people …

It Takes A Village: Repurposing Takings Doctrine To Address Melting Permafrost In Alaska Native Towns, Sasha Kahn

Alaska Law Review

Dozens of Alaska Native villages face an existential crisis as Alaska's permafrost melts, causing soil erosion and instability. Adapting to these rapidly changing conditions is unworkable, so most villages will have to physically move to locations atop bedrock. The estimated costs for these moves are enormous, and not even the combination of available federal and state administrative resources can adequately cover them. One possible avenue for funding is a state inverse condemnation regulatory takings claim, which posits that state action has caused the property destruction in the villages. Alaska has a unique relationship to its oil extraction industry, which has …

The Plaintiff's Plight: Altering Alaska's Rule 82 To Better Compensate Plaintiffs, Matthew Naiman

Alaska Law Review

Alaska is unique among the fifty states in its use of a version of the English rule of attorneys' fees in civil cases. Alaska Rule of Civil Procedure 82, in combination with several other rules, effectuates a fee shift such that the losing party pays a portion of the winning party's attorneys' fees. Rule 82 has two fee schedules: one for monetary judgments and one for non-monetary judgments. The monetary judgment fee awards are based in part on the amount of the judgment, while the non-monetary judgment fee awards are based on the victorious party's actual, reasonable attorneys' fees. This …

Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale

Alaska Law Review

In 2019, a pastor of the Church of the Flying Spaghetti Monster, a "Pastafarian," raised concerns about the entanglement of Alaskan local government and religion. His commentary highlighted the need to take a fresh look at Alaska's establishment clause jurisprudence. While Hunt v. Kenai Peninsula Borough addressed legislative prayer, further questions remain open about the limits of public spending on religious institutions, the need to honor Alaska’s religious diversity, and the role of religion in everyday Alaskan government. While the Alaska jurisprudence has not changed much since the 1980s, the Pastafarians have demonstrated that establishment clause debates are alive and …

Done The Time, Still Being Punished For The Crime: The Irrationality Of Collateral Consequences In Occupational Licensing And Fourteenth Amendment Challenges, Mccarley Maddock

Duke Journal of Constitutional Law & Public Policy Sidebar

Traditionally, retributive models of criminal justice rely on incarceration as punishment for a crime. Under this theory, punishment should end when the offender is released from prison. Yet, a decentralized web of statutes across the United States undermines this commonsense notion and continues to punish formerly incarcerated persons by denying them access to basic services for re-entry into society such as housing, government benefits, and employment. Specifically, thousands of the formerly incarcerated individuals are barred from working in or pursuing a career of their choice based on state statutes that prohibit entry into a given profession based on criminal history. …

Universalizing Fraud, Parmida Enkeshafi

Duke Journal of Constitutional Law & Public Policy Sidebar

The criminal trial of Elizabeth Holmes has reanimated public interest in fraud. Holmes, once a Silicon Valley prodigy, was charged with two counts of conspiracy to commit wire fraud and eleven counts of wire fraud. A jury found Holmes guilty on four counts, potentially subjecting her to 80 years in prison. This Note uses the example of Elizabeth Holmes's case to examine more broadly the role of morality in fraud and argues for a new framework by which to articulate and prosecute fraud.

Criminal jurisprudence has struggled to construct a satisfactory definition of "white-collar crime" since sociologist Edwin H. Sutherland …

Renewable Energy Development On State Trust Lands, Ada C. Montague, Samuel J. Panarella, Peter Yould

Duke Environmental Law & Policy Forum

No abstract provided.

A Case Study Of Canadian Regulation Of Bpa: Insight Into The Science, Jaye Ellis, Arturo Papaluca, Myriam Hamtiaux, Barbara F. Hales, Bernard Robaire

Duke Environmental Law & Policy Forum

No abstract provided.

Homography Of Inventorship: Dabus And Valuing Inventions, Jordana Goodman

Duke Law & Technology Review

On July 28, 2021, the Device for the Autonomous Bootstrapping of Unified Sentience (“DABUS”) became the first computer to be recognized as a patent inventor. Due to the advocacy of DABUS’s inventor, Dr. Stephen Thaler, the world’s definition of “inventor” has finally fractured – dividing patent regimes between recognition of machine inventorship and lack thereof. This division has sparked many scholarly conversations about inventorship contribution, but none have discussed the implications of a homographic inventorship. This Article addresses the implications of international homographic inventorship – where countries have different notions and rules concerning patent inventorship – and the consequences for …

Health Crises And The Limited Role Of Contract Law, Robert A. Hillman

Law and Contemporary Problems

No abstract provided.

Covid Concerns: Some Realism About Equitable Relief, Brian H. Bix

Law and Contemporary Problems

No abstract provided.

Between Rights And Rites: The Ironies Of Crisis And Contract, Jeffrey M. Lipshaw

Law and Contemporary Problems

No abstract provided.

The Price Of Cheeky Contracting, Paolo Colla, Mitu Gulati

Law and Contemporary Problems

No abstract provided.

The Potential Legal Value Of Relational Contracts In A Time Of Crisis Or Uncertainty, Joan Macleod Heminway

Law and Contemporary Problems

No abstract provided.

Prosocial Contracts: Making Relational Contracts More Relational, Sarah Dadush

Law and Contemporary Problems

No abstract provided.