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Articles 1 - 30 of 177
Full-Text Articles in Law
Milberg’S Monopoly: Restoring Honesty And Competition To The Plaintiffs’ Bar, James P. Mcdonald
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
Spending Clause Litigation In The Roberts Court, Samuel R. Bagenstos
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
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
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
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 …
When Parent’S Fight: Alaska’S Presumption Against Awarding Custody To Perpetrators Of Domestic Violence, Lisa Bolotin
When Parent’S Fight: Alaska’S Presumption Against Awarding Custody To Perpetrators Of Domestic Violence, Lisa Bolotin
Alaska Law Review
No abstract provided.
Policing The Corporate Citizen: Arguments For Prosecuting Organizations, Daniel L. Cheyette
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
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
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
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
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
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
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
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
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
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
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
The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers
Law and Contemporary Problems
No abstract provided.
Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson
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
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
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
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
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
“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman
Duke Environmental Law & Policy Forum
No abstract provided.
“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg
“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg
Duke Environmental Law & Policy Forum
No abstract provided.