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Full-Text Articles in Law
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Duke Law Journal
The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of …
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.
The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft
The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft
Duke Law Journal
No abstract provided.
Making Wal-Mart Pretty: Trademarks And Aesthetic Restrictions On Big-Box Retailers, Akila Sankar Mcconnell
Making Wal-Mart Pretty: Trademarks And Aesthetic Restrictions On Big-Box Retailers, Akila Sankar Mcconnell
Duke Law Journal
No abstract provided.
Justice Lewis F. Powell, Jr., And The Counterrevolution In The Federal Securities Laws, A. C. Pritchard
Justice Lewis F. Powell, Jr., And The Counterrevolution In The Federal Securities Laws, A. C. Pritchard
Duke Law Journal
The confirmation of Lewis F. Powell, Jr., to the Supreme Court coincided with a dramatic shift in the Court's approach to securities law. This Article documents Powell's influence in changing the Court's direction in securities law. Powell's influence was the product of his extensive experience with the securities laws as a corporate lawyer, which gave him much greater familiarity with that body of law than his fellow Justices had. That experience also made him skeptical of civil liability, particularly class and derivative actions. Powell's skepticism led him to interpret the securities law in a consistently narrow fashion to reduce liability …
Is Self-Abortion A Fundamental Right?, Suzanne M. Alford
Is Self-Abortion A Fundamental Right?, Suzanne M. Alford
Duke Law Journal
No abstract provided.
Miranda’S Final Frontier—The International Arena: A Critical Analysis Of United States V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Duke Law Journal
In recent years, the FBI and other federal law enforcement agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and Internet fraud schemes to terrorism. Where this law enforcement activity includes custodial interrogation of non-American citizens abroad, must American law enforcement officials provide Miranda warnings to such suspects? In 2001 in United States v. Bin Laden, a federal district court held that the Fifth Amendment's privilege against self-incrimination applies to non-American citizens interrogated abroad, thus requiring Miranda warnings in this context. This Article criticizes the Bin Laden court's strict application of Miranda and suggests that Miranda should …
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
Duke Law Journal
No abstract provided.
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Duke Law Journal
No abstract provided.
A Deal Is A Deal: Antenuptial Agreements Regarding The Religious Upbringing Of Children Should Be Enforceable, Jocelyn E. Strauber
A Deal Is A Deal: Antenuptial Agreements Regarding The Religious Upbringing Of Children Should Be Enforceable, Jocelyn E. Strauber
Duke Law Journal
No abstract provided.
Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker
Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker
Duke Law Journal
No abstract provided.
Executory Contracts And Performance Decisions In Bankruptcy, Jesse M. Fried
Executory Contracts And Performance Decisions In Bankruptcy, Jesse M. Fried
Duke Law Journal
No abstract provided.
A New Confederacy? Disunionism In The Federal Courts, Paul D. Carrington
A New Confederacy? Disunionism In The Federal Courts, Paul D. Carrington
Duke Law Journal
No abstract provided.
Judicial Review Of Agency Action: The Problems Of Commitment, Non-Contractibility, And The Proper Incentives, Nicholas S. Zeppos
Judicial Review Of Agency Action: The Problems Of Commitment, Non-Contractibility, And The Proper Incentives, Nicholas S. Zeppos
Duke Law Journal
No abstract provided.
Judicial Incentives And Indeterminacy In Substantive Review Of Administrative Decisions, Sidney A. Shapiro, Richard E. Levy
Judicial Incentives And Indeterminacy In Substantive Review Of Administrative Decisions, Sidney A. Shapiro, Richard E. Levy
Duke Law Journal
No abstract provided.
Judicial Review And The Uncertain Appeal Of Certainty On Appeal, Ronald M. Levin
Judicial Review And The Uncertain Appeal Of Certainty On Appeal, Ronald M. Levin
Duke Law Journal
No abstract provided.
On Making Judges Do The Right Thing, Thomas O. Mcgarity
On Making Judges Do The Right Thing, Thomas O. Mcgarity
Duke Law Journal
No abstract provided.
Legislative Reform Of Judicial Review Of Agency Actions, Richard J. Pierce Jr.
Legislative Reform Of Judicial Review Of Agency Actions, Richard J. Pierce Jr.
Duke Law Journal
No abstract provided.
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Duke Law Journal
No abstract provided.
Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis
Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis
Duke Law Journal
No abstract provided.
The Uncertain Future Of Computer Software Users’ Rights In The Aftermath Of Mai Systems, Michael E. Johnson
The Uncertain Future Of Computer Software Users’ Rights In The Aftermath Of Mai Systems, Michael E. Johnson
Duke Law Journal
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Duke Law Journal
No abstract provided.
Confessions Induced By Broken Government Promises, Welsh S. White
Confessions Induced By Broken Government Promises, Welsh S. White
Duke Law Journal
No abstract provided.
Legitimacy And The Empowerment Of Discretionary Legal Authority: The United States Supreme Court And Abortion Rights, Tom R. Tyler, Gregory Mitchell
Legitimacy And The Empowerment Of Discretionary Legal Authority: The United States Supreme Court And Abortion Rights, Tom R. Tyler, Gregory Mitchell
Duke Law Journal
No abstract provided.
Stolen Artwork: Deciding Ownership Is No Pretty Picture, Andrea E. Hayworth
Stolen Artwork: Deciding Ownership Is No Pretty Picture, Andrea E. Hayworth
Duke Law Journal
No abstract provided.
Unfriendly Persuasion: Enjoining Residential Picketing, Hazel A. Landwehr
Unfriendly Persuasion: Enjoining Residential Picketing, Hazel A. Landwehr
Duke Law Journal
Imagine that one pleasant Sunday afternoon, you look out your window and see a group of twenty to fifty people picketing on the street in front of your home. The picketers are carrying signs that name you. Although the gathering is ''peaceful,'' the very presence of the crowd is threatening, prompting you to close your windows, draw your blinds, and keep your family in the house until,the picketers leave. Now imagine that these same picketers, in greater or lesser numbers, re-create this same event at your home every Sunday afternoon. What should be a day of rest spent with your …
Lujan V. Defenders Of Wildlife: Standing As A Judicially Imposed Limit On Legislative Power, Richard J. Pierce Jr.
Lujan V. Defenders Of Wildlife: Standing As A Judicially Imposed Limit On Legislative Power, Richard J. Pierce Jr.
Duke Law Journal
No abstract provided.
Defending Defenders: Remarks On Nichol And Pierce, Marshall J. Breger
Defending Defenders: Remarks On Nichol And Pierce, Marshall J. Breger
Duke Law Journal
No abstract provided.
Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.
Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.
Duke Law Journal
No abstract provided.
Article Iii Limits On Statutory Standing, John G. Roberts Jr.
Article Iii Limits On Statutory Standing, John G. Roberts Jr.
Duke Law Journal
No abstract provided.