Law Commons^™

Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup

Duke Law & Technology Review

The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …

Guidelines And Best Practices For Large And Mass Tort Mdls (First Edition), Duke Law School Center For Judicial Studies

Bolch Judicial Institute Publications

Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.

Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document, which is designed to help judges and legal practitioners understand and efficiently navigate complex …

Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher

Duke Law & Technology Review

Sony has included a “share” button on the next version of their popular PlayStation video game system. This feature is meant to allow players to record and share videos of their gameplay. This service shares similarities with the controversial “record” button that Sony included with its Betamax players over thirty years ago. The Betamax player was the subject of the landmark case Sony v. Universal, a foundational case for the modern application of copyright law to new technology. This Issue Brief examines how this “share” feature would fare under the framework laid out by Sony v. Universal and other evolutions …

Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Kansas v. Nebraska & Colorado. The Supreme Court will have the opportunity to resolve a decades-old conflict over water rights in the Republican River which flows through Colorado, Nebraska, and Kansas. In this case of original jurisdiction, the Court will determine both whether Nebraska violated a 60-year old compact concerning water rights, and what the appropriate remedy should be for that violation.

Foreword, Philip J. Cook, Kimberly D. Krawiec

Law and Contemporary Problems

No abstract provided.

A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec

Law and Contemporary Problems

No abstract provided.

Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk

Law and Contemporary Problems

No abstract provided.

Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler

Law and Contemporary Problems

No abstract provided.

Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron

Law and Contemporary Problems

No abstract provided.

Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen

Law and Contemporary Problems

No abstract provided.

State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones

Law and Contemporary Problems

No abstract provided.

Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth

Law and Contemporary Problems

No abstract provided.

Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel

Alaska Law Review

The loss of territoriality over lands conveyed under the Alaska Native Claims Settlement Act had adverse impacts for Alaskan tribal governance. Despite policy frameworks that emphasize the value of local governance at an international, regional, and statewide level, Alaskan tribes face unique obstacles to exercising their authority, with consequences for both human development and human rights. This Article examines how territoriality was lost and analyzes the four major effects of this loss on tribal governance. It then describes two distinct but complimentary strategies to rebuilding tribal governance authority that rely on both territorial and non-territorial authority.

Altruism Exchanges And The Kidney Shortage, Stephen J. Choi, Mitu Gulati, Eric A. Posner

Law and Contemporary Problems

No abstract provided.

Regulating The Organ Market: Normative Foundations For Market Regulation, I. Glenn Cohen

Law and Contemporary Problems

No abstract provided.

The Duty To Maintain, Nadav Shoked

Duke Law Journal

Property is closely associated with freedom. Following the demise of the feudal property system, property ownership in Anglo-American law came to imply an individual's freedom to act as she pleases on her land. For their part, modern property theories—whether right-based, utilitarian, or relational—employ the normative value of freedom to justify ownership. Courts and scholars have always acknowledged the fact that this freedom of the owner cannot be absolute: an owner's freedom to do as she pleases on her land is often limited to protect other owners. However, the consensual assumption remains that an owner is not subject to affirmative duties. …

In Search Of Monsters Abroad: Serving Summonses On Foreign Organizations Under Rule 4 And Fifth Amendment Due Process, Kyle M. Druding

Duke Law Journal

Recently, federal prosecutors' increased interest in criminally charging foreign organizational defendants has revealed a "jurisdictional gap" in Rule 4 of the Federal Rules of Criminal Procedure. Rule 4, which has operated largely unchanged since its adoption in 1944, requires that a copy of a compulsory summons be served on an organizational defendant by mailing it either to the defendant's "last known address" in the relevant district or to its "principal place of business elsewhere in the United States." The courts have divided over how to confront jurisdictional challenges brought by certain foreign corporations—those without domestic principal places of business and …

Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel

Law and Contemporary Problems

No abstract provided.

Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees

Law and Contemporary Problems

No abstract provided.

Born This Way: How Neuroimaging Will Impact Jury Deliberations, Tanneika Minott

Duke Law & Technology Review

Advancements in technology have now made it possible for scientists to provide assessments of an individual’s mental state. Through neuroimaging, scientists can create visual images of the brain that depict whether an individual has a mental disorder or other brain defect. The importance of these advancements is particularly evident in the context of criminal law, where defendants are able to dispute their culpability for crimes committed where they lack the capacity to form criminal intent. Thus, in theory, a neuroimage depicting defective brain functioning could demonstrate a defendant’s inability to form the requisite criminal intent. Due to early successes in …

Journal Staff

Law and Contemporary Problems

No abstract provided.

Perceptions Of Efficacy, Morality, And Politics Of Potential Cadaveric Organ-Transplantation Reforms, Christopher T. Robertson, David V. Yokum, Megan S. Wright

Law and Contemporary Problems

No abstract provided.

Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina Khan

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Classifying Corruption, Yasmin Dawood

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Foreword

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell

Duke Journal of Constitutional Law & Public Policy

No abstract provided.