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Articles 1 - 30 of 142
Full-Text Articles in Law
Protecting Alaska’S Children From Neglect: The Appropriate Response To In Re S.A. And R.J.M. V. State, Charles Talley Wells Jr.
Protecting Alaska’S Children From Neglect: The Appropriate Response To In Re S.A. And R.J.M. V. State, Charles Talley Wells Jr.
Alaska Law Review
No abstract provided.
The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz
The Easy Case Of The Priority Of Secured Claims In Bankruptcy, Steven L. Schwarcz
Duke Law Journal
For years, scholars have questioned the efficiency of secured debt, many suggesting that it transfers uncompensated risk to unsecured creditors. However, prior writing on the value of secured debt ignores the distinction between the use and the availability of secured credit. As a result, previous models of secured debt erroneously assume that a debtor that can borrow on an unsecured basis will nevertheless borrow on a secured basis to reduce interest cost. This Article combines theory, experience, and empirical tests to show that earlier models do not reflect the expected behavior of an economically rational debtor. These models fail to …
Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson
Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson
Duke Law Journal
No abstract provided.
Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld
Robert Mcnamara And The Art And Law Of Confession: “A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)”, Robert N. Strassfeld
Duke Law Journal
No abstract provided.
A Revisionist History Of Indian Country, Joseph D. Matal
A Revisionist History Of Indian Country, Joseph D. Matal
Alaska Law Review
No abstract provided.
Warrantless Searches For Alcohol By Native Alaskan Villages: A Permissible Exercise Of Sovereign Rights Or An Assault On Civil Liberties?, Pat Hanley
Alaska Law Review
No abstract provided.
Smothering Freedom Of Association: The Alaska Supreme Court Errs In Upholding The State’S Blanket Primary Statute, Brian M. Castro
Smothering Freedom Of Association: The Alaska Supreme Court Errs In Upholding The State’S Blanket Primary Statute, Brian M. Castro
Alaska Law Review
No abstract provided.
Indian Country And Inherent Tribal Authority: Will They Survive Ancsa?, Marilyn J. Ward Ford
Indian Country And Inherent Tribal Authority: Will They Survive Ancsa?, Marilyn J. Ward Ford
Alaska Law Review
No abstract provided.
Alaska V. Native Village Of Venetie: Statutory Construction Or Judicial Usurpation? Why History Counts, Donald Craig Mitchell
Alaska V. Native Village Of Venetie: Statutory Construction Or Judicial Usurpation? Why History Counts, Donald Craig Mitchell
Alaska Law Review
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.
The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Duke Law Journal
No abstract provided.
Proposition 209, Girardeau A. Spann
California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin
California Split: A Plan To Divide The Ninth Circuit, Eric J. Gribbin
Duke Law Journal
No abstract provided.
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Law and Contemporary Problems
Fisch examines the evolution of the class action lawsuit and uses the qui tam provision as a model for exploring the structure and objectives of enforcement litigation.
Nonpecuniary Class Action Settlements, Geoffrey P. Miller, Lori S. Singer
Nonpecuniary Class Action Settlements, Geoffrey P. Miller, Lori S. Singer
Law and Contemporary Problems
Miller and Singer offer a theoretical and empirical analysis of nonpecuniary class action settlements, including coupons, securities and fluid recoveries.
Risk Perception: “Experts” Vs. “Lay People”, Ann Bostrom
Risk Perception: “Experts” Vs. “Lay People”, Ann Bostrom
Duke Environmental Law & Policy Forum
No abstract provided.
A New Account Of Expert / Lay Conflicts Of Risk Intuition, Howard Margolis
A New Account Of Expert / Lay Conflicts Of Risk Intuition, Howard Margolis
Duke Environmental Law & Policy Forum
No abstract provided.
Improving Comparative Risk Analysis, James Hammitt
Improving Comparative Risk Analysis, James Hammitt
Duke Environmental Law & Policy Forum
No abstract provided.
Comparative Risk Projects And Their Effects On Decision Making, Jennifer Crawford
Comparative Risk Projects And Their Effects On Decision Making, Jennifer Crawford
Duke Environmental Law & Policy Forum
No abstract provided.
Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox
Private Litigation And The Deterrence Of Corporate Misconduct, James D. Cox
Law and Contemporary Problems
Cox discusses the linkage between private litigation and the deterrence of corporate misconduct.
Comparative Risk Analysis In The Department Of Energy, Thomas Grumbly
Comparative Risk Analysis In The Department Of Energy, Thomas Grumbly
Duke Environmental Law & Policy Forum
No abstract provided.
Averting Armageddon: Preventing Nuclear Terrorism In The United States, Barry L. Rothberg
Averting Armageddon: Preventing Nuclear Terrorism In The United States, Barry L. Rothberg
Duke Journal of Comparative & International Law
No abstract provided.
A Note On “Voluntary” Versus “Involuntary” Risks, Cass Sunstein
A Note On “Voluntary” Versus “Involuntary” Risks, Cass Sunstein
Duke Environmental Law & Policy Forum
No abstract provided.
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
Duke Law Journal
This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.