Law Commons^™

The Constitutional Politics Heller Launched, Michael C. Dorf

Duke Law Journal Online

No abstract provided.

Volume 102, Number 3 (Fall 2018)

Judicature

No abstract provided.

Guidelines And Best Practices For Implementing The 2015 Discovery Amendments Concerning Proportionality (Second Edition), Bolch Judicial Institute

Bolch Judicial Institute Publications

In November 2014, the Duke Law Judicial Studies Center, which became the Bolch Judicial Institute in 2018, held a conference on the discovery proportionality amendments with more than 70 practitioners and 15 federal judges. Drafting teams were subsequently formed, consisting of 32 practitioners, who worked for nine months on an initial draft set of GUIDELINES AND PRACTICES prepared by Judge Lee Rosenthal and Prof. Steven Gensler. The team’s work product, the GUIDELINES AND PRACTICES FOR IMPLEMENTING THE 2015 DISCOVERY AMENDMENTS TO ACHIEVE PROPORTIONALITY, was published in 99 Judicature, no. 3, Winter 2015, along with several related articles.

Most of …

Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute

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 — now in its Second Edition — which is designed to help judges and …

Racing On Two Different Tracks: Using Substantive Due Process To Challenge Tracking In Schools, Katarina Wong

Duke Journal of Constitutional Law & Public Policy Sidebar

Tracking is a widespread educational practice where secondary schools divide students into different classes or “tracks” based on their previous achievements and perceived abilities. Tracking produces different levels of classes, from low ability to high ability, based on the theory that students learn better when grouped with others at their own level. However, tracking often segregates students of color and low socioeconomic status into low-tracked classes and these students do not receive the same educational opportunities as white and/or wealthier students. Students and parents have historically challenged tracking structures in their schools using an Equal Protection Clause framework. However, this …

Volume 102, Number 2 (Summer 2018)

Judicature

No abstract provided.

Guidelines And Best Practices For Implementing 2018 Amendments To Rule 23 Class Action Settlement Provisions, Bolch Judicial Institute

Bolch Judicial Institute Publications

In 2016, the Bolch Judicial Institute (then the Center for Judicial Studies) hosted a conference to develop Guidelines and Best Practices in light of new amendments to Rule 23 on Class Actions, which were scheduled to take effect on December 1, 2018.

The conference laid the groundwork for the Class Action Settlement Guidelines and Best Practices, which were drafted by 38 prominent defense and plaintiff practitioners and experts well experienced in class action litigation — with significant input and comment from six federal and state court judges.

This document is intended to help the bench and bar comply with the …

Public Programs, Private Financing, Margaret H. Lemos, Guy-Uriel Charles

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Cheap Sentiment, Claire A. Hill

Law and Contemporary Problems

No abstract provided.

Health And Housing: Altruistic Medicalization Of America’S Affordability Crisis, Dayna Bowen Matthew

Law and Contemporary Problems

No abstract provided.

If We Allow Football Players And Boxers To Be Paid For Entertaining The Public, Why Don’T We Allow Kidney Donors To Be Paid For Saving Lives?, Philip J. Cook, Kimberly D. Krawiec

Law and Contemporary Problems

No abstract provided.

Foreword: Altruism, Community, And Markets, Kimberly D. Krawiec, Julia D. Mahoney, Sally L. Satel

Law and Contemporary Problems

No abstract provided.

The Trouble With Gig Talk: Choice Of Narrative And The Worker Classification Fights, Shu-Yi Oei

Law and Contemporary Problems

No abstract provided.

Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman

Law and Contemporary Problems

No abstract provided.

Beyond Nature? Genomic Modification And The Future Of Humanity, Julia D. Mahoney, Gil Siegal

Law and Contemporary Problems

No abstract provided.

Moral Nimby-Ism? Understanding Societal Support For Monetary Compensation To Plasma Donors In Canada, Nicola Lacetera, Mario Macis

Law and Contemporary Problems

No abstract provided.

Impact Investment In Marine Conservation, Nicholas Pascal, Angelique Brathwaite, Maxime Philip, Melissa Walsh

Duke Environmental Law & Policy Forum

No abstract provided.

At The Intersection Of Science & Policy: International Shark Conservation & Management, Andrew M. Futerman

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

An Innovative, Collaborative Approach To Addressing The Sources Of Marine Debris In North Carolina, Talia Sechley, Michelle Nowlin

Duke Environmental Law & Policy Forum

No abstract provided.

How One California Aquarium Is Developing An Ocean Conservation Strategy With Global Impact, Margaret Spring

Duke Environmental Law & Policy Forum

This article discusses the ways in which the Monterey Bay Aquarium is pursuing its mission “to inspire conservation of the ocean”—including and beyond its visitor programs and education initiatives. The Aquarium is reshaping the global seafood supply chain by integrating its scientific research with the Aquarium’s growing influence in ocean policy. With the world’s life-sustaining aquatic ecosystems in decline, there is no time to lose.

Trouble In The Caribbean: Responses To A Potential Chinese-Bahamian Bilateral Fishing Agreement, Kyle Elliott

Duke Environmental Law & Policy Forum

As of 2011, the Caribbean Sea was one of the only fisheries unoccupied by China’s Distant Water Fleet (DWF). However, in 2016, officials from the People’s Republic of China and the Bahamas discussed a proposal for a bilateral commercial fishing agreement in Bahamian waters. An official agreement was never proposed, but given the notoriety of China’s DFW and the Bahamas’ monitoring and enforcement problems, such an agreement could have devastating impacts on the Caribbean fishery.

The proposal received international criticism from fishermen, scientists, and politicians, demonstrating the perennial conflict between the global commercial fishing industry and those engaged in recreational, …

Leaving It Up To Treasury: Congressional Abdication On Major Policy Issues In The Early Years Of The Income Tax, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.

“Who Speaks For Tax Equity And Tax Fairness?” The Emergence Of The Organized Tax Bar And The Dilemmas Of Professional Responsibility, Joseph J. Thorndike, Ajay K. Mehrotra

Law and Contemporary Problems

No abstract provided.

Crafting Structural Tax Legislation In A Highly Polarized Congress, George K. Yin

Law and Contemporary Problems

No abstract provided.

Foreword: The Past, Present, And Future Of The Federal Tax Legislative Process, George K. Yin, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.

Tax Law And The Eroding Budget Process, Rebecca M. Kysar

Law and Contemporary Problems

No abstract provided.

The Tax Legislative Process: A Byrd’S Eye View, Ellen P. Aprill, Daniel J. Hemel

Law and Contemporary Problems

No abstract provided.

Legislative Entrenchment And Federal Fiscal Policy, Michael Doran

Law and Contemporary Problems

No abstract provided.