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Articles 31 - 60 of 140
Full-Text Articles in Law
Divergent Legal Conceptions Of The State: Implications For Global Administrative Law, Janet Mclean
Divergent Legal Conceptions Of The State: Implications For Global Administrative Law, Janet Mclean
Law and Contemporary Problems
No abstract provided.
The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti
The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti
Law and Contemporary Problems
No abstract provided.
Global Standards For National Administrative Procedure, Sabino Cassese
Global Standards For National Administrative Procedure, Sabino Cassese
Law and Contemporary Problems
No abstract provided.
The Emergence Of Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart
The Emergence Of Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart
Law and Contemporary Problems
No abstract provided.
Decentralized Administrative Law In The Organization For Economic Cooperation And Development, James Salzman
Decentralized Administrative Law In The Organization For Economic Cooperation And Development, James Salzman
Law and Contemporary Problems
No abstract provided.
U.S. Administrative Law: A Model For Global Administrative Law?, Richard B. Stewart
U.S. Administrative Law: A Model For Global Administrative Law?, Richard B. Stewart
Law and Contemporary Problems
No abstract provided.
Global Private Governance: Lessons From A National Model Of Setting Standards In Accounting, Walter Mattli, Tim Buthe
Global Private Governance: Lessons From A National Model Of Setting Standards In Accounting, Walter Mattli, Tim Buthe
Law and Contemporary Problems
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 …
“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro
“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro
Law and Contemporary Problems
No abstract provided.
Foreword: Global Governance As Administration — National And Transnational Approaches To Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart, Jonathan B. Wiener
Foreword: Global Governance As Administration — National And Transnational Approaches To Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart, Jonathan B. Wiener
Law and Contemporary Problems
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.
Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken
Keyword-Linked Advertising, Trademark Infringement, And Google’S Contributory Liability, Benjamin Aitken
Duke Law & Technology Review
A number of trademark holders have recently challenged the policies of Google and other Internet search engines that allow the trademark owner's competitors to purchase advertising space linked specifically to the owner's trademarks when entered as search terms. This iBrief examines the application of trademark law to this practice and concludes that Google would be contributorially liable for trademark infringement only when the advertising links lead to consumer confusion about the identity of the advertiser.
When Big Brother Privatizes: Commercial Surveillance, The Privacy Act Of 1974, And The Future Of Rfid, John M. Eden
When Big Brother Privatizes: Commercial Surveillance, The Privacy Act Of 1974, And The Future Of Rfid, John M. Eden
Duke Law & Technology Review
RFID is a powerful new technology that has the potential to allow commercial retailers to undermine individual control over private information. Despite the potential of RFID to undermine personal control over such information, the federal government has not enacted a set of practicable standards to ensure that personal data does not become widely misused by commercial entities. Although some potential privacy abuses could be addressed by modifying RFID technology, this iBrief argues that it would be wise to amend the Privacy Act of 1974 so that corporations would have a statutory obligation to preserve individual anonymity and respect the privacy …
Better To Give Than To Receive: Evaluating Recent Ip Donation Tax Policy Changes, Don Macbean
Better To Give Than To Receive: Evaluating Recent Ip Donation Tax Policy Changes, Don Macbean
Duke Law & Technology Review
Over the past decade, charitable contributions of intellectual property have grown rapidly. This growth has coincided with tremendous abuse as firms have sought inflated valuations of donated intellectual property in order to claim larger tax deductions. In 2004, Congress responded by passing section 882 of the American Jobs Creation Act, which drastically changed the rules governing donations of intellectual property. This iBrief argues that Congress, in addressing overvalued intellectual property donations, went too far in its efforts by failing to fully consider the importance of positive donor incentives. After discussing other proposed policies, this iBrief suggests a hybrid policy that …
China’S Wapi Policy: Security Measure Or Trade Protectionism?, Zia K. Cromer
China’S Wapi Policy: Security Measure Or Trade Protectionism?, Zia K. Cromer
Duke Law & Technology Review
In December of 2003, the Chinese government announced that all WLAN equipment sold in China must conform to a propriety standard called WAPI, rather than the internationally accepted Wi-Fi standard. Moreover, for foreign firms to gain access to WAPI technology, they would need to partner with one of two-dozen Chinese firms designated by the Chinese government. The policy ostensibly grew out of security concerns regarding Wi-Fi, although it is unclear whether WAPI is more secure. Beijing has now indefinitely postponed the implementation of this policy, but WAPI is still relevant. This iBrief argues that WAPI is illustrative of many Chinese …
New Jersey’S Adult Internet Luring Statute: An Appropriate Next Step?, John W. Lomas Jr.
New Jersey’S Adult Internet Luring Statute: An Appropriate Next Step?, John W. Lomas Jr.
Duke Law & Technology Review
New Jersey recently enacted legislation prohibiting the use of the Internet to lure or entice someone to a location with the purpose of committing a crime with or against that person or some other person. Most states have similar laws pertaining to pedophiles, but this is the first adult Internet luring statute. State measures to regulate the Internet, even in the context of criminal justice, will likely face constitutional challenge since the Internet has become such a critical vehicle for both protected speech and interstate commerce. Furthermore, while the use of the Internet in the commission of crimes against other …
From Deepsouth To The Great White North: The Extraterritorial Reach Of United States Patent Law After Research In Motion, Daniel P. Homiller
From Deepsouth To The Great White North: The Extraterritorial Reach Of United States Patent Law After Research In Motion, Daniel P. Homiller
Duke Law & Technology Review
In the Internet age, complex telecommunications systems are often deployed with little regard for international borders. In NTP, Inc. v. Research in Motion, Ltd., the Federal Circuit determined that one such system infringed several U.S. patents, despite the fact that an essential element of the system was located outside the territorial United States. This iBrief argues that the Federal Circuit erred in invoking the "control and beneficial use" test, which it culled from the very few prior cases addressing extraterritorial application of U.S. patent law. In doing so, the court disregarded the Supreme Court's direction in Deepsouth Packing Co. v. …
The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal
The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal
Alaska Law Review
No abstract provided.
Family Group Conferencing: An Alternative Approach To The Placement Of Alaska Native Children Under The Indian Child Welfare Act, Laverne F. Hill
Family Group Conferencing: An Alternative Approach To The Placement Of Alaska Native Children Under The Indian Child Welfare Act, Laverne F. Hill
Alaska Law Review
No abstract provided.
Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes
Lost In Translation: The Need For A Formal Court Interpreter Program In Alaska, T. Caroline Briggs-Sykes
Alaska Law Review
No abstract provided.
“Indian Country” And The Nature And Scope Of Tribal Self-Government In Alaska, Geoffrey D. Strommer, Stephen D. Osborne
“Indian Country” And The Nature And Scope Of Tribal Self-Government In Alaska, Geoffrey D. Strommer, Stephen D. Osborne
Alaska Law Review
No abstract provided.
The Sps Agreement: Can It Regulate Trade In Nanotechnology?, James D. Thayer
The Sps Agreement: Can It Regulate Trade In Nanotechnology?, James D. Thayer
Duke Law & Technology Review
Recent studies have shown that nanoparticles, which are approximately 1 to 100 billionths of a meter in size, present unique health and environmental risks. Nevertheless, products enhanced by nanoparticles, such as sunscreen, golf balls, and hard drives, are shipped daily in international trade. With these unique risks in mind, would measures regulating the trade in nanotechnology be subject to the WTO Agreement on Sanitary and Phytosanitary Measures? If they were, would the Agreement objectively balance the unique risks and benefits of trading in nanotechnology? Whether measures regulating the trade in nanotechnology are subject to the SPS Agreement depends on the …
Stop The Abuse Of Gmail!, Grant Yang
Stop The Abuse Of Gmail!, Grant Yang
Duke Law & Technology Review
Gmail, a highly anticipated webmail application made by Google, has been criticized by privacy advocates for breaching wiretapping laws, even before its release from beta testing. Gmail's large storage space and automated processes developed to scan the content of incoming messages and create advertisements based on the scanned terms have enraged privacy groups on an international level. This iBrief will compare Gmail's practices with its peers and conclude that its practices and procedures are consistent with the standards of the webmail industry. The iBrief will then propose additional measures Gmail could institute to further protect webmail users' and alleviate the …
The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?, Robert Bray
The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?, Robert Bray
Duke Law & Technology Review
This paper has been adapted from a presentation given by the author at Duke University School of Law's "Hot Topics in Intellectual Property Law Symposium" on April 1, 2005. It first presents an overview of the EU "Software Patents" Directive and many of the amendments that have been proposed and adopted. It then suggests a number of ways in which Europe can lead the world in developing a system that balances the interests of patent protection and open-source software.