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Full-Text Articles in Law
The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde
The Liability Of Alaska Mental Health Providers For Mandated Treatment, Marshall L. Wilde
Alaska Law Review
No abstract provided.
“Mediation-Only” Filings In The Delaware Court Of Chancery: Can New Value Be Added By One Of America’S Business Courts?, Leo E. Strine Jr.
“Mediation-Only” Filings In The Delaware Court Of Chancery: Can New Value Be Added By One Of America’S Business Courts?, Leo E. Strine Jr.
Duke Law Journal
The following Essay by Vice Chancellor Leo Strine of the Delaware Court of Chancery advocates the enactment of legislation that authorizes the Court of Chancery to handle "mediation-only" cases. Such cases would be filed solely to invoke the aid of a Chancellor to mediate a business dispute between parties. By advocating this innovative dispute resolution option, the Essay embraces a new dimension of the American judicial role that allows American businesses to more efficiently solve complicated business controversies. The mediation-only device was conceived in 2001 by members of the Delaware judiciary, including Vice Chancellor Strine, in consultation with members of …
Outsourcing Government Regulation, Sidney A. Shapiro
Outsourcing Government Regulation, Sidney A. Shapiro
Duke Law Journal
No abstract provided.
The Ambiguity Of Gatt Article Xxi: Subtle Success Or Rampant Failure, Peter Lindsay
The Ambiguity Of Gatt Article Xxi: Subtle Success Or Rampant Failure, Peter Lindsay
Duke Law Journal
No abstract provided.
Overcoming The Myth Of Free Will In Criminal Law: The True Impact Of The Genetic Revolution, Matthew Jones
Overcoming The Myth Of Free Will In Criminal Law: The True Impact Of The Genetic Revolution, Matthew Jones
Duke Law Journal
No abstract provided.
Copyright As A Rule Of Evidence, Douglas Lichtman
Copyright As A Rule Of Evidence, Douglas Lichtman
Duke Law Journal
Many copyright doctrines serve to exclude from the copyright regime cases particularly prone to evidentiary complexity. The implicit logic is that, for these cases, the social costs of litigation would likely outweigh the social benefits derived from offering copyright protection in the first place. Doctrines that serve this evidentiary function include some doctrines for which an evidentiary purpose is readily apparent (for example, the requirement that eligible works be fixed in tangible form), and some for which the link is quite subtle (for example, the rule against protecting work that lacks creativity). Understanding these doctrines in this light helps to …