Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Equality before the law (6)
- Methods (4)
- Constitutional law (3)
- Employment discrimination (3)
- Evaluation (3)
-
- Human rights (3)
- Interpretation and construction (3)
- Management (3)
- Political aspects (3)
- Political socialization (3)
- Social influence (3)
- Analysis (2)
- Antiterrorism measures (2)
- Cultural property (2)
- Due process of law (2)
- Foreign policy (2)
- Freedom of speech (2)
- Genocide (2)
- Judicial review (2)
- Prevention (2)
- Protection of (2)
- Sentences (Criminal procedure) (2)
- Sovereign immunity (2)
- Administrative law (1)
- Appellate procedure (1)
- Apportionment (Election law) (1)
- Assassination (1)
- Blacklisting (1)
- Business judgment rule (1)
- Cable television broadcasting industry (1)
Articles 1 - 30 of 42
Full-Text Articles in Law
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Duke Law Journal
No abstract provided.
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Duke Law Journal
Employment, brokerage, and other contracts routinely include "predispute" arbitration clauses-provisions requiring the parties to submit any and all future disputes to arbitrators rather than courts. In recent years, courts have come to enforce these clauses in the vast run of cases, requiring parties to arbitrate even when the underlying dispute implicates employment discrimination, antitrust, or other "public law" rights. In response to this trend, interest has grown in the extent of courts' authority to overturn arbitral awards that do not give effect to such rights. At first blush, the Federal Arbitration Act (FAA) does not appear to authorize any such …
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Duke Law Journal
No abstract provided.
State Punishment And Private Prisons, Sharon Dolovich
State Punishment And Private Prisons, Sharon Dolovich
Duke Law Journal
To date, the debate over private prisons has focused largely on the relative efficiency of private prisons as compared to their publicly-run counterparts, and has assumed that, if private contractors can run the prisons for less money than the state without a drop in quality, then states should be willing to privatize. This "comparative efficiency" approach, however, has two significant problems. First, it is concerned exclusively with efficiency, despite the fact that the privatization of prisons arguably implicates more urgent values. Second, it accepts the current state of public prisons as an unproblematic baseline, thus failing to consider the possibility …
Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel
Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel
Duke Law Journal
No abstract provided.
What Happens To A Dream Deferred?: Cleansing The Taint Of San Antonio Independent School District V. Rodriguez, Ian Millhiser
What Happens To A Dream Deferred?: Cleansing The Taint Of San Antonio Independent School District V. Rodriguez, Ian Millhiser
Duke Law Journal
No abstract provided.
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Duke Law Journal
This paper is the first empirical analysis of appeal waiversclauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than to …
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Duke Law Journal
No abstract provided.
Proportionality As A Principle Of Limited Government, Alice Ristroph
Proportionality As A Principle Of Limited Government, Alice Ristroph
Duke Law Journal
This Article examines proportionality as a constitutional limitation on the power to punish. In the criminal context, proportionality is often mischaracterized as a specifically penological theory-an ideal linked to specific accounts of the purpose of punishment. In fact, a constitutional proportionality requirement is better understood as an external limitation on the state's penal power that is independent of the goals of punishment. Proportionality limitations on the penal power arise not from the purposes of punishment, but from the fact that punishing is not the only purpose that the state must pursue. Other considerations, especially the protection of individual interests in …
Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates
Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates
Duke Law Journal
No abstract provided.
Good Faith Business Judgment: A Theory Of Rhetoric In Corporate Law Jurisprudence, Sean J. Griffith
Good Faith Business Judgment: A Theory Of Rhetoric In Corporate Law Jurisprudence, Sean J. Griffith
Duke Law Journal
This Article develops a theory of rhetoric in corporate law jurisprudence. It begins by examining a recent innovation in Delaware case law: the emerging principle of "good faith." Good faith is an old notion in law generally, but it offers to bring significant change to corporate law, including realignment of the business judgment rule and a shift in the traditional balance between the authority of boards and the accountability of boards to courts. This Article argues, however, that good faith functions as a rhetorical device rather than a substantive standard. That is, it operates as a speech act, a performance, …
A Choice Of Rules In Title Vii Retaliation Claims For Negative Employer References, Sarah Carrington Walker Baker
A Choice Of Rules In Title Vii Retaliation Claims For Negative Employer References, Sarah Carrington Walker Baker
Duke Law Journal
No abstract provided.
Interlocutory Appeals In Patent Cases Under 28 U.S.C. § 1292(C)(2): Are They Still Justified And Are They Implemented Correctly?, V. Ajay Singh
Interlocutory Appeals In Patent Cases Under 28 U.S.C. § 1292(C)(2): Are They Still Justified And Are They Implemented Correctly?, V. Ajay Singh
Duke Law Journal
No abstract provided.
Political Trials In Domestic And International Law, Eric A. Posner
Political Trials In Domestic And International Law, Eric A. Posner
Duke Law Journal
Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …
A Tribute To William W. Van Alstyne, Katharine T. Bartlett
A Tribute To William W. Van Alstyne, Katharine T. Bartlett
Duke Law Journal
No abstract provided.
Equal Citizenship At Ground Level: The Consequences Of Nonstate Action, Kenneth L. Karst
Equal Citizenship At Ground Level: The Consequences Of Nonstate Action, Kenneth L. Karst
Duke Law Journal
No abstract provided.
Conduit-Based Regulation Of Speech, Jim Chen
Conduit-Based Regulation Of Speech, Jim Chen
Duke Law Journal
Architecture is destiny. As much as information today determines the contemporary wealth of nations, the physical world retains its relevance. Architecture affects crime rates, arguably even collegiality among professors. The interplay between the physical and the ethereal likewise shapes the constitutional doctrine that facilitates the free flow of ideas. The structure of a communicative medium dictates its performance. Awareness of the structure of information markets improves the calibration of intellectual property and refines legal responses to potential electronic bottlenecks. This Article takes the next logical step: revealing the deep doctrinal structure of legal efforts to influence the design and maintenance …
The Political Question Doctrine: Suggested Criteria, Jesse H. Choper
The Political Question Doctrine: Suggested Criteria, Jesse H. Choper
Duke Law Journal
Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article urges that the Justices should reformulate the detailed definition that they have utilized (at least formally) since 1962, and adopt four criteria to be applied in future cases. The least disputed-textual commitment-is the initial factor listed in Baker v. Carr. The other three are based on functional considerations rather than constitutional language or original understanding. The first of these-structural issues: federalism and separation of powers-has been advanced and developed …
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
“You Have Been In Afghanistan”: A Discourse On The Van Alstyne Method, Garrett Epps
Duke Law Journal
No abstract provided.
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Duke Law Journal
No abstract provided.
Impeachment: Advice And Dissent, Susan Low Bloch
Impeachment: Advice And Dissent, Susan Low Bloch
Duke Law Journal
No abstract provided.
Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa
Polygamy As A Red Herring In The Same-Sex Marriage Debate, Ruth K. Khalsa
Duke Law Journal
No abstract provided.
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne’S Testimony, Neal Devins
The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne’S Testimony, Neal Devins
Duke Law Journal
No abstract provided.
Protecting Employer Investment In Training: Noncompetes Vs. Repayment Agreements, Brandon S. Long
Protecting Employer Investment In Training: Noncompetes Vs. Repayment Agreements, Brandon S. Long
Duke Law Journal
No abstract provided.
Institutional Settlement In A Globalizing Judicial System, Ernest A. Young
Institutional Settlement In A Globalizing Judicial System, Ernest A. Young
Duke Law Journal
This article argues that the field of "Federal Courts" scholarship ought to expand to consider the relations not just between state and federal courts, but also between domestic courts and judicial institutions operating at the international level. Both relationships raise similar sorts of "interjurisdictional" problems-issues of standards of review, abstention, procedural defaults, and the like. Moreover, the study of supranational courts would benefit from the Legal Process jurisprudence that dominates the field of domestic Federal Courts law. In particular, I emphasize Henry Hart and Al Sacks' notion of "institutional settlement," which holds that decisions should be allocated to particular institutions …