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Articles 61 - 73 of 73
Full-Text Articles in Law
Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner
Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner
Duke Law Journal
No abstract provided.
What Can Brown Do For You?: Neutral Principles And The Struggle Over The Equal Protection Clause, Pamela S. Karlan
What Can Brown Do For You?: Neutral Principles And The Struggle Over The Equal Protection Clause, Pamela S. Karlan
Duke Law Journal
No abstract provided.
The Lost History Of Governance And Equal Protection, V. F. Nourse, Sarah A. Maguire
The Lost History Of Governance And Equal Protection, V. F. Nourse, Sarah A. Maguire
Duke Law Journal
No abstract provided.
Judgment-Sharing Agreements, Christopher R. Leslie
Judgment-Sharing Agreements, Christopher R. Leslie
Duke Law Journal
Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust violators, this creates the risk of a single defendant being saddled with damages significantly greater than three times the amount of the harm associated with that firm's own market share. Firms engaged in-or accused of-price fixing often try to ameliorate this risk by entering into judgment-sharing agreements, which essentially create a right to contribution through contract. Despite their …
Remembering Democracy In The Debate Over Election Reform, Matthew Michael Calabria
Remembering Democracy In The Debate Over Election Reform, Matthew Michael Calabria
Duke Law Journal
In FEC v. Wisconsin Right to Life, Inc., the United States Supreme Court held that the federal Bipartisan Campaign Reform Act violated the First Amendment right to free speech because the statute restricted a form of political speech known as issue advocacy. In attempting to protect this right from government intrusion, however, the Court improperly excluded considerations of democracy from its free speech analysis. The opinion consequently misrepresented the nature of the right to free speech for two independent but related reasons. First, because preserving a well-functioning democracy is the primary reason free speech is protected, the right to free …
A Question Of Costs: Considering Pressure On White-Collar Criminal Defendants, Sarah Ribstein
A Question Of Costs: Considering Pressure On White-Collar Criminal Defendants, Sarah Ribstein
Duke Law Journal
Because of the expense of defending white-collar criminal cases, individual corporate defendants can rarely fund their own defenses and often rely on their employers to pay their legal costs. Employers, however, often feel pressure to refuse to pay their employees' attorneys' fees. When employers decline to pay their employees' defense costs, defendants can be, in effect, coerced into pleading guilty because they do not have the financial resources to defend themselves at trial. Commentators have discussed the problem of pressure on white-collar defendants but have not traced the cause of the pressure back to one of its most basic roots: …
Avoiding Mere Incantations: Evaluating Success On Nonfee Claims When Determining Prevailing-Party Status Under 42 U.S.C. § 1988, Jessica L. Brumley
Avoiding Mere Incantations: Evaluating Success On Nonfee Claims When Determining Prevailing-Party Status Under 42 U.S.C. § 1988, Jessica L. Brumley
Duke Law Journal
The American rule dictates that regardless of the outcome, parties pay for their own attorneys' fees unless Congress has specifically enacted a fee-shifting statute authorizing courts to award fees to prevailing parties. One of the most recognized fee-shifting statutes is 42 U.S.C. § 1988. Courts and scholars have extensively discussed whether a plaintiff is a prevailing party under § 1988. Yet both have largely ignored one scenario in which a plaintiff files a suit containing both constitutional claims for which fees are authorized under § 1988 (fee claims) and state law claims for which fees are not authorized (nonfee claims). …
Money, Politics, And Impartial Justice, Joanna M. Shepherd
Money, Politics, And Impartial Justice, Joanna M. Shepherd
Duke Law Journal
A centuries-old controversy asks whether judicial elections are inconsistent with impartial justice. The debate is especially important because more than 90 percent of the United States' judicial business is handled by state courts, and approximately nine in ten of all state court judges face the voters in some type of election. Using a stunning new data set of virtually all state supreme court decisions from 1995 to 1998, this paper provides empirical evidence that elected state supreme court judges routinely adjust their rulings to attract votes and campaign money. I find that judges who must be reelected by Republican voters, …
Chevron’S Mistake, Lisa Schultz Bressman
Chevron’S Mistake, Lisa Schultz Bressman
Duke Law Journal
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those agencies implement, but the decision does not give courts the tools for providing a proper answer. Chevron directs courts to construe statutory text by applying the traditional theories of statutory interpretation-whether intentionalism, purposivism, or textualism-and to infer a delegation of agency interpretive authority only if they fail to find a relatively specific meaning. But the traditional theories, despite their differences, all invite courts to construe statutory text as …
Counting Offenses, Jeffrey M. Chemerinsky
Counting Offenses, Jeffrey M. Chemerinsky
Duke Law Journal
Is a criminal defendant who discharges a weapon five times in rapid succession guilty of one crime or several crimes? This question of how to divide charges has vexed legal philosophers and Supreme Court Justices. It is a question of profound importance, but one that legal scholarship has seldom addressed. The answer has an impact on each stage of a criminal justice prosecution. The difference between one charge and multiple charges can affect the likelihood of a plea bargain, the strategy for trial, and, if the defendant is convicted, the length of a prison sentence. This Note, citing numerous examples …