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Full-Text Articles in Law

Milberg’S Monopoly: Restoring Honesty And Competition To The Plaintiffs’ Bar, James P. Mcdonald Dec 2008

Milberg’S Monopoly: Restoring Honesty And Competition To The Plaintiffs’ Bar, James P. Mcdonald

Duke Law Journal

When the renowned plaintiffs' firm Milberg Weiss was indicted in 2006 for paying kickbacks to clients, most commentators saw the scandal as the product of five dishonest lawyers. This Note argues that the causes were more complex than the moral shortcomings of a few attorneys; rather, the kickbacks were but one symptom of a deeply flawed system for selecting lead counsel in securities class action lawsuits. Although the Private Securities Litigation Reform Act of 1995 attempted to curb abusive behavior by the plaintiffs' bar, its focus on reforming plaintiff behavior meant that attorneys were left relatively free to continue using …


Note From The Editor, Kelly Taylor Dec 2008

Note From The Editor, Kelly Taylor

Alaska Law Review

No abstract provided.


Spending Clause Litigation In The Roberts Court, Samuel R. Bagenstos Dec 2008

Spending Clause Litigation In The Roberts Court, Samuel R. Bagenstos

Duke Law Journal

Throughout the Rehnquist Court's so-called federalism revolution, as the Court cut back on federal power tinder Article I and the Civil War Amendments, many commentators asserted that the spending power was next to go on the chopping block. But in the last years of the Rehnquist Court, a majority of Justices seemed to abandon the federalism revolution, and in the end, the Rehnquist Court never got around to limiting Congress's power tinder the Spending Clause. This Article contends that it is wrong to expect the Roberts Court to be so charitable about Congress's exercise of the spending power. But the …


Constitutional Secrecy: Aligning National Security Letter Nondisclosure Provisions With First Amendment Rights, Brian D. Eyink Dec 2008

Constitutional Secrecy: Aligning National Security Letter Nondisclosure Provisions With First Amendment Rights, Brian D. Eyink

Duke Law Journal

First created in the 1980s, national security letters and their nondisclosure provisions evaded judicial review until 2004. These secretive investigative tools allow federal agencies such as the FBI to compel disclosure of information about hundreds of thousands of people while also allowing the same agencies to unilaterally issue gag orders that can silence the people who receive these letters. This Note examines the nondisclosure provisions in the national security letter statutes. It argues that the nondisclosure provisions are unconstitutional prior restraints on speech and content-based speech restrictions. This Note then proposes a three-part solution that constitutionally balances the government's need …


Marsingill V. O’Malley: The Duty To Disclose Becomes The Duty To Divine, Douglas E. Hutchinson Dec 2008

Marsingill V. O’Malley: The Duty To Disclose Becomes The Duty To Divine, Douglas E. Hutchinson

Alaska Law Review

No abstract provided.


Regulation With Placebo Effects, Anup Malani Dec 2008

Regulation With Placebo Effects, Anup Malani

Duke Law Journal

A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …


Journal Staff Dec 2008

Journal Staff

Duke Law Journal

No abstract provided.


When Parent’S Fight: Alaska’S Presumption Against Awarding Custody To Perpetrators Of Domestic Violence, Lisa Bolotin Dec 2008

When Parent’S Fight: Alaska’S Presumption Against Awarding Custody To Perpetrators Of Domestic Violence, Lisa Bolotin

Alaska Law Review

No abstract provided.


Journal Staff Dec 2008

Journal Staff

Alaska Law Review

No abstract provided.


Policing The Corporate Citizen: Arguments For Prosecuting Organizations, Daniel L. Cheyette Dec 2008

Policing The Corporate Citizen: Arguments For Prosecuting Organizations, Daniel L. Cheyette

Alaska Law Review

No abstract provided.


Dimond, Not Daubert: Reviving The Discretionary Standard Of Expert Admission In Alaska, Gregory R. Henrikson Dec 2008

Dimond, Not Daubert: Reviving The Discretionary Standard Of Expert Admission In Alaska, Gregory R. Henrikson

Alaska Law Review

No abstract provided.


Silence At A Price? Judicial Questionnaires And The Independence Of Alaska’S Judiciary, Kelly Taylor Dec 2008

Silence At A Price? Judicial Questionnaires And The Independence Of Alaska’S Judiciary, Kelly Taylor

Alaska Law Review

No abstract provided.


The Future Of Generic Biologics: Should The United States “Follow-On” The European Pathway?, Ingrid Kaldre Nov 2008

The Future Of Generic Biologics: Should The United States “Follow-On” The European Pathway?, Ingrid Kaldre

Duke Law & Technology Review

The United States is embarking on a biotechnology drug revolution. In the last few decades, biotech drugs have saved millions of lives, and the market for these miracle cures continues to grow at an astronomical rate. Unfortunately, as the market for biotech drugs is skyrocketing, drug prices are following suit. As Congress strives to make these new drugs more affordable, it must not ignore significant safety concerns unique to these revolutionary therapies. Congress should follow the lead of the European Union to create an accessible pathway for generic forms of biotech drugs that includes strict regulatory measures to ensure drug …


Victims’ Rights In An Adversary System, Erin C. Blondel Nov 2008

Victims’ Rights In An Adversary System, Erin C. Blondel

Duke Law Journal

The victims' rights movement argues that because the outcome of criminal prosecutions affects crime victims, the justice system should consider their interests during proceedings. In 2004, Congress passed the Crime Victims' Rights Act (CVRA), giving victims some rights to participate in the federal criminal justice system. This Note probes both the theoretical assumptions and practical implications of the CVRA. It demonstrates that the victims' rights movement revisits a long-acknowledged tension between adversary adjudication and third-party interests. It shows, however, that American law has resolved this tension by conferring party or quasi-party status on third parties. Despite some pro-victims rhetoric, Congress …


The Development And Failure Of Social Norms In Second Life, Phillip Stoup Nov 2008

The Development And Failure Of Social Norms In Second Life, Phillip Stoup

Duke Law Journal

This Note analyzes the development and efficacy of social norms in maximizing the welfare of participants in the virtual community of Second Life. Although some of these norms developed appropriately in response to the objectives and purposes of this virtual world, Second Life is so thoroughly steeped in conditions that have impeded the development of successful social norms in other communities that any system of social norms in Second Life will ultimately fail. Because social norms will likely,fail to successfully maximize resident welfare, regulatory schemes imposed both by the operators of the virtual world and by real-world governing institutions are …


Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz Nov 2008

Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz

Duke Law Journal

No abstract provided.


The Newest Spectator Sport: Why Extending Victims’ Rights To The Spectators’ Gallery Erodes The Presumption Of Innocence, Sierra Elizabeth Nov 2008

The Newest Spectator Sport: Why Extending Victims’ Rights To The Spectators’ Gallery Erodes The Presumption Of Innocence, Sierra Elizabeth

Duke Law Journal

No abstract provided.


Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet Oct 2008

Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet

Duke Law & Technology Review

Technological advancement is widely viewed as an essential component to any effective climate change strategy. However, there is no consensus as to the degree to which the law should promote technological innovation and development. This iBrief analyzes government involvement in encouraging such technology and divides the various policies into four categories. On one end are policies that rely mainly on market forces to encourage scientific advancement naturally, requiring minimal government involvement. A second category of policies involves technological development promoted indirectly through laws addressing climate change generally. A third type of policy involves directly offering government funding and financing for …


Introduction, Kathryn Webb Bradley Oct 2008

Introduction, Kathryn Webb Bradley

Law and Contemporary Problems

No abstract provided.


Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler Oct 2008

Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler

Law and Contemporary Problems

No abstract provided.


The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers Oct 2008

The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 2008

Journal Staff

Law and Contemporary Problems

No abstract provided.


Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson Oct 2008

Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson

Law and Contemporary Problems

No abstract provided.


The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy Oct 2008

The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy

Law and Contemporary Problems

No abstract provided.


How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler Oct 2008

How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler

Law and Contemporary Problems

No abstract provided.


The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo Oct 2008

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo

Duke Journal of Comparative & International Law

No abstract provided.


Desperately Seeking Subsidiarity: Danish Private Law In The Scandinavian, European, And Global Context, Joseph Lookofsky Oct 2008

Desperately Seeking Subsidiarity: Danish Private Law In The Scandinavian, European, And Global Context, Joseph Lookofsky

Duke Journal of Comparative & International Law

No abstract provided.


“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman Oct 2008

“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman

Duke Environmental Law & Policy Forum

No abstract provided.


Journal Staff Oct 2008

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg Oct 2008

“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg

Duke Environmental Law & Policy Forum

No abstract provided.