Law Commons^™

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 …

Hipaa: Caught In The Cross Fire, Stephanie E. Pearl

Duke Law Journal

The Health Insurance Portability and Accountability Act (HIPAA) is nearly synonymous with patient privacy. In contrast, the National Instant Criminal Background Check System (NICS), a provision of the Gun Control Act of 1968, demands the disclosure of information about individuals, including mental-health information, that may prohibit their purchase of firearms.

These two statutes raise the following question: what if NICS requires or recommends the reporting of information protected by HIPAA? In the wake of recent gun violence by mentally disabled individuals, governmental and nongovernmental organizations have questioned whether HIPAA's privacy provisions have stultified national gun-control measures by prohibiting the reporting …

Journal Staff

Duke Law Journal

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.

Note From The Editor, Philip A. Tarpley

Alaska Law Review

No abstract provided.

Foreword, Thomas B. Metzloff

Alaska Law Review

No abstract provided.

Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph

Alaska Law Review

Alaska tribes have limited control over their traditional lands and waters. Tribes may increase their influence through a Traditional Cultural District designation under Section 106 of the National Historic Preservation Act. This designation does not stop development, but requires federal agencies to consult with tribes regarding potential development that may impact the district. The consultation right applies regardless of whether a tribe owns or has formally designated the district. In Alaska, where no Traditional Cultural Districts exist as of 2014, there is potential for designating large areas of land or water that correspond to the range of traditionally important species.

What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements

Alaska Law Review

The nature of offshore oil and gas activities is changing as companies are forced into difficult and remote areas, including the U.S. Arctic Ocean. As evidenced by the 2010 Deepwater Horizon tragedy and Shell's error-plagued efforts to drill exploration wells in the Chukchi and Beaufort seas in 2012, the rules governing whether and under what conditions to allow offshore drilling in frontier areas have not kept pace with environmental and technical changes. These rules were implemented in 1979 and have remained substantively the same since. Recent changes to at the Department of the Interior to disband the Minerals Management Service, …

Regulating The Arctic Gold Rush: Recommended Regulatory Reforms To Protect Alaska’S Arctic Environment From Offshore Oil Drilling Pollution , Jacob D. Unger

Alaska Law Review

Since 2008, major oil and gas operators have invested billions attempting to drill Arctic Alaska's Outer Continental Shelf. However, offshore drilling in the extreme Arctic is fraught with infrastructural, technological and environmental challenges that could result in enormous damages if an accident ever occurred. While offshore drilling operations would significantly benefit both the state of Alaska and the United States, it is imperative that the United States' offshore regulatory regime adequately protects the Arctic Alaskan environment and innocent third parties. This Note examines the shortcomings of the United States' current offshore drilling regulatory regime and proposes a four-part scheme that …

Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs

Alaska Law Review

Alaska's initiative process is unique—Alaska is the only state with a robust initiative culture and advance oversight over the content of initiatives by the Lieutenant Governor. This state of affairs is appropriate because it recognizes both the savings to the state and the benefit to citizens that advance oversight can achieve. It also places the power of advance oversight in the hands of the individual most qualified in Alaska to wield it. However, despite being generally commendable, the Alaskan initiative oversight process is not perfect. Because the Lieutenant Governor has this unique power, it is inappropriate for them to be …

Journal Staff

Alaska Law Review

No abstract provided.

Alaska And The Arctic, Fran Ulmer

Alaska Law Review

No abstract provided.

Alaska’S Native History, William L. Iggiagruk Hensley

Alaska Law Review

No abstract provided.

Stopping Police In Their Tracks: Protecting Cellular Location Information Privacy In The Twenty-First Century, Stephen Wagner

Duke Law & Technology Review

Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have struggled to keep pace with a changing technological landscape. Indeed, courts around the country have issued a disparate array of holdings on the issue of warrantless cell phone tracking. This lack of judicial uniformity has led to confusion for both law enforcement agencies and the public alike. In order to protect reasonable expectations of privacy in the twenty-first century, Congress should pass legislation …

Dmca Safe Harbors For Virtual Private Server Providers Hosting Bittorrent Clients, Stephen J. Wang

Duke Law & Technology Review

By the time the U.S. Supreme Court decided Metro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. in 2005, Internet users around the globe who engaged in copyright infringement had already turned to newer, alternative forms of peer-to-peer filesharing. One recent development is the “seedbox,” a virtual private server rentable for use to download and upload (“seed”) files through the BitTorrent protocol. Because BitTorrent is widely used for both non-infringing and infringing purposes, the operators of seedboxes and other rentable BitTorrent-capable virtual private servers face the possibility of direct and secondary liability as did the defendants in Grokster and more recent cases like …

Sharing Is Airing: Employee Concerted Activity On Social Media After Hispanics United, Ryan Kennedy

Duke Law & Technology Review

Section 7 of the United States’ National Labor Relations Act allows groups of American workers to engage in concerted activity for the purposes of collective bargaining or for “other mutual aid or protection.” This latter protection has been extended in cases such as Lafayette Park Hotel to workers outside the union context. Starting in 2005, the National Labor Relations Board increasingly signaled to employers that concerted activity may take place on social media such as Facebook. However, the Board proper delivered its first written opinion articulating these rules in the 2012 case of Hispanics United of Buffalo, Inc. There, the …

The Permit Power Revisited: The Theory And Practice Of Regulatory Permits In The Administrative State, Eric Biber, J.B. Ruhl

Duke Law Journal

Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the "permit power," under which legislatures prohibit a specified activity by statute and delegate to administrative agencies the discretionary power to authorize the activity under terms the agency mandates in a regulatory permit. Accurately describing the permit power as an "enormous power in the state," Epstein bemoaned that it had "received scant attention in the academic literature." He sought to fill that gap. Centered on the premise that the permit power represents "a complete inversion of …

Causation’S Nuclear Future: Applying Proportional Liability To The Price-Anderson Act, William D. O’Connell

Duke Law Journal

For more than a quarter century, public discourse has pushed the nuclear-power industry in the direction of heavier regulation and greater scrutiny, effectively halting construction of new reactors. By focusing on contemporary fear of significant accidents, such discourse begs the question of what the nation's court system would actually do should a major nuclear incident cause radiation-induced cancers.

Congress's attempt to answer that question is the Price-Anderson Act, a broad statute addressing claims by the victims of a major nuclear accident. Lower courts interpreting the Act have repeatedly encountered a major stumbling block: it declares that judges must apply the …

An Ex Ante Approach To Excessive State Debt, Vincent S. J. Buccola

Duke Law Journal

The recent recession has shone a very public spotlight on the perilous financial conditions of many American states. At the same time, it has renewed academic interest in the question of excessive state debt—its causes and possible cures. Scholars who see risk externalization as a primary driver of systematic overborrowing have proposed bankruptcy legislation for the states as one solution. Such advocates argue that a formal debt-adjustment mechanism could reduce the appeal of federal bailouts and thereby curtail the moral hazard leading to excessive debt. But given the states' unilateral power to set the terms of default, it is hard …

12 Confused Men: Using Flowchart Verdict Sheets To Mitigate Inconsistent Civil Verdicts, Jerry J. Fang

Duke Law Journal

The finality of jury verdicts reflects an implicit societal acceptance of the soundness of the jury's decision. Regardless, jurors are not infallible, and the questions they are often tasked with deciding are unfortunately neither obvious nor clear. The length of trial, complexity of subject matter, volume of factual background, and opaqueness of law can converge in a perfect storm that may confound even the most capable juror. Although the Federal Rules of Civil Procedure provide decision rules to resolve inconsistent verdicts, the current remedies authorized by Rule 49—notably, the resubmission of the verdict to the jury and the ordering of …

Mega, Digital Storage Lockers, And The Dmca: Will Innovation Be Stifled By Fears Of Piracy?, Ali V. Mirsaidi

Duke Law & Technology Review

Kim Dotcom, founder of Megaupload Limited, has been in many news headlines over the past year. Megaupload—one of Dotcom’s many peer-to-peer sharing sites—was the center of controversy, as it allowed users to upload and share all sorts of files, including copyrighted material. After an organized effort by the Department of Justice and several foreign governments, Dotcom was arrested for (secondary) copyright infringement and his site was ultimately shut down. Dotcom has recently launched a new service, MEGA, which he claims will evade copyright laws entirely. Like other well-known cloud-sharing services such as Dropbox and Google Drive, MEGA allows users to …

Prudential Standing After Lexmark International, Inc. V. Static Control Components, Inc., Ernest A. Young

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

A Domestic Proposal To Revive The Hague Judgments Convention: How To Stop Worrying About Streams, Trickles, Asymmetry, And A Lack Of Reciprocity, Eric Porterfield

Duke Journal of Comparative & International Law

No abstract provided.

Psychological Jurisprudence And The Power Of Law: A Critique Of North Carolina’S Woman’S Right To Know Act, Bruce A. Arrigo, Jessica L. Waldman

Duke Journal of Gender Law & Policy

No abstract provided.

Do Unions Promote Gender Equality?, Lilach Lurie

Duke Journal of Gender Law & Policy

No abstract provided.

The Politics Of Domestic Violence‐Based Asylum Claims, Joline Doedens

Duke Journal of Gender Law & Policy

No abstract provided.

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.

“The Obscenities Of This Country”: Canada V. Bedford And The Reform Of Canadian Prostitution Laws , Lauren Sampson

Duke Journal of Gender Law & Policy

No abstract provided.

Demanding Supply: Re-Envisioning The Landlord-Tenant Relationship For Optimized Perennial Energy Crop Production, Elise C. Scott, A. Bryan Endres

Duke Environmental Law & Policy Forum

As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards and the proposed Clean Power Plan, producers of biomass will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of leased farmland in the U.S., the contributions of tenant-farmers will represent a significant, though currently not well understood, segment of the biomass supply chain. Through the use of contracts as governance schemes, landowners and tenants can navigate three key challenges of …

The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander

Duke Environmental Law & Policy Forum

No abstract provided.