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Articles 31 - 60 of 282
Full-Text Articles in Law
Practicable And Justiciable: Why North Carolina’S Constitutional Vision Of Higher Education Is Judicially Enforceable, South A. Moore
Practicable And Justiciable: Why North Carolina’S Constitutional Vision Of Higher Education Is Judicially Enforceable, South A. Moore
Duke Law Journal
Two hundred and twenty-five years ago, North Carolina established the nation’s oldest public university, choosing as its home a particularly inviting poplar tree in present-day Chapel Hill. Today, UNC-Chapel Hill is part of a sixteen-campus university system known nationwide for its commitment to ensuring that public universities remain financially accessible to the citizens who support them.
That commitment is codified in Article IX, Section 9 of the North Carolina Constitution, which requires that tuition at the State’s public universities be “as far as practicable . . . free of expense.” That clause was first introduced in North Carolina’s 1868 Constitution, …
Data Indicate Second Amendment Underenforcement, David Kopel
Data Indicate Second Amendment Underenforcement, David Kopel
Duke Law Journal Online
No abstract provided.
What Does Puerto Rican Citizenship Mean For Puerto Rico’S Legal Status?, Joseph Blocher, Mitu Gulati
What Does Puerto Rican Citizenship Mean For Puerto Rico’S Legal Status?, Joseph Blocher, Mitu Gulati
Duke Law Journal Online
No abstract provided.
Through Rebel Eyes: Rebel Groups, Human Rights, And Humanitarian Law, Hyeran Jo, John Niehaus
Through Rebel Eyes: Rebel Groups, Human Rights, And Humanitarian Law, Hyeran Jo, John Niehaus
Law and Contemporary Problems
No abstract provided.
Neoliberalism And Human Rights: The Brandt Commission And The Struggle For A New World, Umut Özsu
Neoliberalism And Human Rights: The Brandt Commission And The Struggle For A New World, Umut Özsu
Law and Contemporary Problems
No abstract provided.
Beyond The Human Rights Measurement Controversy, Samuel Moyn
Beyond The Human Rights Measurement Controversy, Samuel Moyn
Law and Contemporary Problems
No abstract provided.
Smart Instrument Mixes To Promote Green Building, Yayun Shen, Michael Faure
Smart Instrument Mixes To Promote Green Building, Yayun Shen, Michael Faure
Duke Environmental Law & Policy Forum
A smart mix of legal instruments is not new, but green building (GB) compliance is. As a way to environmental compliance in general, the mixing of instruments may also work to overcome the challenges facing GB compliance. The mix can be justified by the failings of government regulation, liability, and self-regulation. Therefore in theory, a smart mix of instruments makes sense, since each of the above instruments may be subject to imperfect information, private interests, the inaccuracy of measurement, and/or ineffectiveness. In practice, instrument mixes have been around in the U.S. GB laws. The theory and the U.S. case law …
Coordinating Local Adaptive Strategies Through A Network-Based Approach, Xueqing Shan
Coordinating Local Adaptive Strategies Through A Network-Based Approach, Xueqing Shan
Duke Environmental Law & Policy Forum
As the impacts of climate change become increasingly destructive and pervasive, climate adaptation has received greater political and academic attention. The traditional top-down model for mitigating climate change, however, is ill-suited to implementing effective adaptation strategies. Yet, local communities most impacted by climate change seldom have the tools and resources to develop effective adaptive strategies on their own. This note argues that a bottom-up, network-based approach could be a promising paradigm towards implementing effective adaptive strategies and empowering affected communities.
Experience With Carbon Taxes And Greenhouse Gas Emissions Trading Systems, Erik Haites, Duan Maosheng, Kelly Sims Gallagher, Sharon Mascher, Easwaran Narassimhan, Kenneth R. Richards, Masayo Wakabayashi
Experience With Carbon Taxes And Greenhouse Gas Emissions Trading Systems, Erik Haites, Duan Maosheng, Kelly Sims Gallagher, Sharon Mascher, Easwaran Narassimhan, Kenneth R. Richards, Masayo Wakabayashi
Duke Environmental Law & Policy Forum
Carbon taxes and emissions trading systems (ETSs) to limit emissions of greenhouse gases (GHGs) are increasingly common. At the end of 2015, 17 GHG ETSs were operational in 55 jurisdictions, and 18 jurisdictions collected at least one carbon tax. This paper assesses the performance of carbon taxes and ETSs with respect to environmental effectiveness (reduction of emissions regulated by the instrument), cost-effectiveness (marginal abatement cost), economic efficiency, public finance, and administrative issues.
Data on emissions subject to carbon taxes are rarely reported. We estimate the taxed emissions for 17 taxes in 12 jurisdictions from 1991 through the end of 2015. …
The Heavens Are Always Fallen: A Neo-Constitutive Approach To Human Rights In Global Society, Geoffrey Dancy, Christopher Fariss
The Heavens Are Always Fallen: A Neo-Constitutive Approach To Human Rights In Global Society, Geoffrey Dancy, Christopher Fariss
Law and Contemporary Problems
No abstract provided.
Foreword: The Future Of Human Rights Scholarship, James Loeffler, Mila Versteeg
Foreword: The Future Of Human Rights Scholarship, James Loeffler, Mila Versteeg
Law and Contemporary Problems
No abstract provided.
Treaties And Human Rights: The Role Of Long-Term Trends, Adam S. Chilton, Eric A. Posner
Treaties And Human Rights: The Role Of Long-Term Trends, Adam S. Chilton, Eric A. Posner
Law and Contemporary Problems
No abstract provided.
The Future Of International Human Rights Law—Lessons From Russia, Paul B. Stephan
The Future Of International Human Rights Law—Lessons From Russia, Paul B. Stephan
Law and Contemporary Problems
No abstract provided.
Defining The Legal And Policy Framework To Stop The Dumping Of Environmentally Harmful Products, Stephen O. Andersen, Richard Ferris, Romina Picolotti, Durwood Zaelke, Suely Carvalho, Marco Gonzalez
Defining The Legal And Policy Framework To Stop The Dumping Of Environmentally Harmful Products, Stephen O. Andersen, Richard Ferris, Romina Picolotti, Durwood Zaelke, Suely Carvalho, Marco Gonzalez
Duke Environmental Law & Policy Forum
Environmental dumping is a practice historically associated with the export of hazardous product waste from a developed country for irresponsible and often illegal disposal in a developing country. Now, with the industrialization and globalization of China and other developing countries, environmental dumping can involve both developing and developed countries as origin and destination. This dumping can be especially harmful to attempts to control under the Montreal Protocol ozone-depleting and climate-forcing chemical substances and/or products requiring unnecessarily high energy consumption. While developing country Parties to the Montreal Protocol are allowed to delay their phasedown of climate-forcing and ozone-depleting hydrofluorocarbons (HFCs) during …
Beyond Physical Integrity, Kevin L. Cope, Charles Crabtree, Yonatan Lupu
Beyond Physical Integrity, Kevin L. Cope, Charles Crabtree, Yonatan Lupu
Law and Contemporary Problems
No abstract provided.
The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons
The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons
Law and Contemporary Problems
No abstract provided.
Statutory Interpretation And The Rest Of The Iceberg: Divergences Between The Lower Federal Courts And The Supreme Court, Aaron-Andrew P. Bruhl
Statutory Interpretation And The Rest Of The Iceberg: Divergences Between The Lower Federal Courts And The Supreme Court, Aaron-Andrew P. Bruhl
Duke Law Journal
This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S. Supreme Court. This novel research reveals both similarities across courts and some striking differences. The research shows that some interpretive tools are highly overrepresented in the Supreme Court’s decisions, while other tools are much more prevalent in the lower courts. Differences in prevalence persist even after accounting for the selection effect that stems from the Supreme Court’s discretionary docket. Another finding—based on a study of 40 years of cases from all …
Fixing Soft Dollars Is Not That Hard: A Consent And Reporting Framework For Regulating Client Commission Arrangements, Brendan Biffany
Fixing Soft Dollars Is Not That Hard: A Consent And Reporting Framework For Regulating Client Commission Arrangements, Brendan Biffany
Duke Law Journal
Under soft dollar arrangements, investment advisers promise portfolio trades to participating brokers in exchange for investment research or other benefits. Recently, some academics, financial regulators, and practitioners have scrutinized such arrangements, arguing that they provide an avenue for advisers to unjustly enrich themselves at the expense of their clients. However, others defend soft dollar arrangements, seeing them as a mechanism for binding advisers to clients and increasing client returns.
A safe harbor currently protects advisers’ use of soft dollars, so long as certain minimum requirements are met. Critics argue that soft dollars should be banned outright, contending that advisers should …
Leave Your Guns At Home: The Constitutionality Of A Prohibition On Carrying Firearms At Political Demonstrations, Luke Morgan
Leave Your Guns At Home: The Constitutionality Of A Prohibition On Carrying Firearms At Political Demonstrations, Luke Morgan
Duke Law Journal
Armed protest has long been a tool of American political groups. Neo-Nazis, socialists, fascists, antifascists, the Black Panthers, neo-Confederates, and others have all taken up arms not necessarily to do violence, but to do politics. But such protests always risk rending a violent hole in our social fabric. If war is politics by other means, armed protests erase the distinction.
This Note argues that the Constitution’s relevant guarantees of individual rights—the First and Second Amendments—do not include a constitutional right to armed protest.
With respect to free speech, it is unlikely that current doctrine would cover armed protests. But, considering …
Intelligent Design, Christopher Buccafusco, Mark A. Lemley, Jonathan S. Masur
Intelligent Design, Christopher Buccafusco, Mark A. Lemley, Jonathan S. Masur
Duke Law Journal
When designers obtain exclusive intellectual property (IP) rights in the functional aspects of their creations, they can wield these rights to increase both the costs to their competitors and the prices that consumers must pay for their goods. IP rights and the costs they entail are justified when they create incentives for designers to invest in new, socially valuable designs. But the law must be wary of allowing rights to be misused. Accordingly, IP law has employed a series of doctrinal and costly screens to channel designs into the appropriate regime—copyright law, design patent law, or utility patent law—depending upon …
Collaborate Construction Of A New Legal Field, Ronald F. Wright, Mark A. Hall
Collaborate Construction Of A New Legal Field, Ronald F. Wright, Mark A. Hall
Duke Law Journal Online
No abstract provided.
Comment On Ruben And Blocher: Too Damn Many Cases, And An Absent Supreme Court, Sanford Levinson
Comment On Ruben And Blocher: Too Damn Many Cases, And An Absent Supreme Court, Sanford Levinson
Duke Law Journal Online
No abstract provided.
Is The Second Amendment A Second-Class Right?, Adam M. Samaha, Roy Germano
Is The Second Amendment A Second-Class Right?, Adam M. Samaha, Roy Germano
Duke Law Journal Online
No abstract provided.
Romanticism Meets Realism In Second Amendment Adjudication, Darrell A. H. Miller
Romanticism Meets Realism In Second Amendment Adjudication, Darrell A. H. Miller
Duke Law Journal Online
No abstract provided.
A Close Reading Of An Excellent Distant Reading Of Heller In The Courts, George A. Mocsary
A Close Reading Of An Excellent Distant Reading Of Heller In The Courts, George A. Mocsary
Duke Law Journal Online
No abstract provided.
You Can Lead A Horse To Water: Heller And The Future Of Second Amendment Scholarship, Eric Ruben, Joseph Blocher
You Can Lead A Horse To Water: Heller And The Future Of Second Amendment Scholarship, Eric Ruben, Joseph Blocher
Duke Law Journal Online
No abstract provided.