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Full-Text Articles in Law
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
Duke Journal of Comparative & International Law
No abstract provided.
Reconsidering Res Judicata: A Comparative Perspective, Yuval Sinai
Reconsidering Res Judicata: A Comparative Perspective, Yuval Sinai
Duke Journal of Comparative & International Law
No abstract provided.
Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli
Corporal Punishment In The Educational System Versus Corporal Punishment By Parents: A Comparative View, Benjamin Shmueli
Law and Contemporary Problems
No abstract provided.
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin
Duke Journal of Comparative & International Law
No abstract provided.
Privacy Protection: When Is “Adequate” Actually Adequate?, Nikhil S. Palekar
Privacy Protection: When Is “Adequate” Actually Adequate?, Nikhil S. Palekar
Duke Journal of Comparative & International Law
No abstract provided.
Regulating Corporations The American Way: Why Exhaustive Rules And Just Deserts Are The Mainstay Of U.S. Corporate Governance, Jonas V. Anderson
Regulating Corporations The American Way: Why Exhaustive Rules And Just Deserts Are The Mainstay Of U.S. Corporate Governance, Jonas V. Anderson
Duke Law Journal
No abstract provided.
Private Versus Public Regulation: A Comparative Analysis Of British And American Takeover Controls, Brian E. Rosenzweig
Private Versus Public Regulation: A Comparative Analysis Of British And American Takeover Controls, Brian E. Rosenzweig
Duke Journal of Comparative & International Law
No abstract provided.
All Eyes On Us: A Comparative Critique Of The North Carolina Innocence Inquiry Commission, Jerome M. Maiatico
All Eyes On Us: A Comparative Critique Of The North Carolina Innocence Inquiry Commission, Jerome M. Maiatico
Duke Law Journal
No abstract provided.
Walking While Muslim, Margaret Chon, Donna E. Arzt
Walking While Muslim, Margaret Chon, Donna E. Arzt
Law and Contemporary Problems
The authors examine the linkage between the social justice claims of Japanese Americans during WWII and Muslim Americans in today's post-9/11 era. Muslims are considered a significant component of the war on terror, but it is unclear whether this classification is based upon race or religion.
Show Me The Money: The Dominance Of Wealth In Determining Rights Performance In Asia, Randall Peerenboom
Show Me The Money: The Dominance Of Wealth In Determining Rights Performance In Asia, Randall Peerenboom
Duke Journal of Comparative & International Law
No abstract provided.
The Challenges Of Europeanization In The Realm Of Private Law: A Plea For A New Legal Discipline, Christian Joerges
The Challenges Of Europeanization In The Realm Of Private Law: A Plea For A New Legal Discipline, Christian Joerges
Duke Journal of Comparative & International Law
No abstract provided.
Defendant Class Actions And The Right To Opt Out: Lessons For Canada From The United States, Vince Morabito
Defendant Class Actions And The Right To Opt Out: Lessons For Canada From The United States, Vince Morabito
Duke Journal of Comparative & International Law
No abstract provided.
Comparative Constitutional Reasoning: The Law And Strategy Of Selecting The Right Arguments, Taavi Annus
Comparative Constitutional Reasoning: The Law And Strategy Of Selecting The Right Arguments, Taavi Annus
Duke Journal of Comparative & International Law
No abstract provided.
The Imf And Agoa: A Comparative Analysis Of Conditionality, David Fuhr, Zachary Klughaupt
The Imf And Agoa: A Comparative Analysis Of Conditionality, David Fuhr, Zachary Klughaupt
Duke Journal of Comparative & International Law
No abstract provided.
Civil Justice Systems In Europe And The United States, Hein Kötz
Civil Justice Systems In Europe And The United States, Hein Kötz
Duke Journal of Comparative & International Law
No abstract provided.
Shift Happens: Pressure On Foreign Attorney-Fee Paradigms From Class Actions, Thomas D. Rowe Jr.
Shift Happens: Pressure On Foreign Attorney-Fee Paradigms From Class Actions, Thomas D. Rowe Jr.
Duke Journal of Comparative & International Law
No abstract provided.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Duke Journal of Comparative & International Law
No abstract provided.
Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener
Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener
Duke Journal of Comparative & International Law
No abstract provided.
Commercial Trusts As Business Organizations: An Invitation To Comparatists, Steven L. Schwarcz
Commercial Trusts As Business Organizations: An Invitation To Comparatists, Steven L. Schwarcz
Duke Journal of Comparative & International Law
No abstract provided.
Drug Wars In Black And White, Joseph E. Kennedy
Drug Wars In Black And White, Joseph E. Kennedy
Law and Contemporary Problems
The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.
Indigenous Rights And Intellectual Property Law: A Comparison Of The United States And Australia, Rachael Grad
Indigenous Rights And Intellectual Property Law: A Comparison Of The United States And Australia, Rachael Grad
Duke Journal of Comparative & International Law
No abstract provided.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Judicializing Politics, Politicizing Law, John Ferejohn
Judicializing Politics, Politicizing Law, John Ferejohn
Law and Contemporary Problems
Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
Law and Contemporary Problems
Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.
Aspects Of Securitization Of Future Cash Flows Under English And New York Law, Marke Raines, Gabrielle Wong
Aspects Of Securitization Of Future Cash Flows Under English And New York Law, Marke Raines, Gabrielle Wong
Duke Journal of Comparative & International Law
No abstract provided.
Hiv/Aids And Blood Donation Policies: A Comparative Study Of Public Health Policies And Individual Rights Norms, Francine A. Hochberg
Hiv/Aids And Blood Donation Policies: A Comparative Study Of Public Health Policies And Individual Rights Norms, Francine A. Hochberg
Duke Journal of Comparative & International Law
No abstract provided.
Mass Tort Litigation In Germany And Switzerland, Gerhard Walter
Mass Tort Litigation In Germany And Switzerland, Gerhard Walter
Duke Journal of Comparative & International Law
No abstract provided.
Multi-Party Actions: A European Approach, Christopher Hodges
Multi-Party Actions: A European Approach, Christopher Hodges
Duke Journal of Comparative & International Law
No abstract provided.
Non-Class Group Litigation Under Eu And German Law, Harald Koch
Non-Class Group Litigation Under Eu And German Law, Harald Koch
Duke Journal of Comparative & International Law
No abstract provided.