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Full-Text Articles in Law
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Duke Law & Technology Review
The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …
Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher
Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher
Duke Law & Technology Review
Sony has included a “share” button on the next version of their popular PlayStation video game system. This feature is meant to allow players to record and share videos of their gameplay. This service shares similarities with the controversial “record” button that Sony included with its Betamax players over thirty years ago. The Betamax player was the subject of the landmark case Sony v. Universal, a foundational case for the modern application of copyright law to new technology. This Issue Brief examines how this “share” feature would fare under the framework laid out by Sony v. Universal and other evolutions …
Foreword, Philip J. Cook, Kimberly D. Krawiec
Foreword, Philip J. Cook, Kimberly D. Krawiec
Law and Contemporary Problems
No abstract provided.
A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec
A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec
Law and Contemporary Problems
No abstract provided.
Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel
Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel
Law and Contemporary Problems
No abstract provided.
Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk
Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk
Law and Contemporary Problems
No abstract provided.
Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees
Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees
Law and Contemporary Problems
No abstract provided.
Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler
Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler
Law and Contemporary Problems
No abstract provided.
Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron
Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron
Law and Contemporary Problems
No abstract provided.
Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen
Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen
Law and Contemporary Problems
No abstract provided.
State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones
State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones
Law and Contemporary Problems
No abstract provided.
Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz
Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib
Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja
Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth
Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth
Law and Contemporary Problems
No abstract provided.
Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel
Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel
Alaska Law Review
The loss of territoriality over lands conveyed under the Alaska Native Claims Settlement Act had adverse impacts for Alaskan tribal governance. Despite policy frameworks that emphasize the value of local governance at an international, regional, and statewide level, Alaskan tribes face unique obstacles to exercising their authority, with consequences for both human development and human rights. This Article examines how territoriality was lost and analyzes the four major effects of this loss on tribal governance. It then describes two distinct but complimentary strategies to rebuilding tribal governance authority that rely on both territorial and non-territorial authority.
Altruism Exchanges And The Kidney Shortage, Stephen J. Choi, Mitu Gulati, Eric A. Posner
Altruism Exchanges And The Kidney Shortage, Stephen J. Choi, Mitu Gulati, Eric A. Posner
Law and Contemporary Problems
No abstract provided.
Regulating The Organ Market: Normative Foundations For Market Regulation, I. Glenn Cohen
Regulating The Organ Market: Normative Foundations For Market Regulation, I. Glenn Cohen
Law and Contemporary Problems
No abstract provided.
Born This Way: How Neuroimaging Will Impact Jury Deliberations, Tanneika Minott
Born This Way: How Neuroimaging Will Impact Jury Deliberations, Tanneika Minott
Duke Law & Technology Review
Advancements in technology have now made it possible for scientists to provide assessments of an individual’s mental state. Through neuroimaging, scientists can create visual images of the brain that depict whether an individual has a mental disorder or other brain defect. The importance of these advancements is particularly evident in the context of criminal law, where defendants are able to dispute their culpability for crimes committed where they lack the capacity to form criminal intent. Thus, in theory, a neuroimage depicting defective brain functioning could demonstrate a defendant’s inability to form the requisite criminal intent. Due to early successes in …
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina Khan
Market Structure And Political Law: A Taxonomy Of Power, Zephyr Teachout, Lina Khan
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Classifying Corruption, Yasmin Dawood
Classifying Corruption, Yasmin Dawood
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell
The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Disappearance Of Corruption And The New Path Forward In Campaign Finance, Eugene D. Mazo
The Disappearance Of Corruption And The New Path Forward In Campaign Finance, Eugene D. Mazo
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Between Access And Influence: Building A Record For The Next Court, Renata E. B. Strause, Daniel P. Tokaji
Between Access And Influence: Building A Record For The Next Court, Renata E. B. Strause, Daniel P. Tokaji
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Evidence And Extrapolation: Mechanisms For Regulating Off-Label Uses Of Drugs And Devices, Ryan Abbott, Ian Ayres
Evidence And Extrapolation: Mechanisms For Regulating Off-Label Uses Of Drugs And Devices, Ryan Abbott, Ian Ayres
Duke Law Journal
A recurring, foundational issue for evidence-based regulation is deciding whether to extend governmental approval from an existing use with sufficient current evidence of safety and efficacy to a novel use for which such evidence is currently lacking. This "extrapolation" issue arises in the medicines context when an approved drug or device that is already being marketed is being considered (1) for new conditions (such as off-label diagnostic categories), (2) for new patients (such as new subpopulations), (3) for new dosages or durations, or (4) as the basis for approving a related drug or device (such as a generic or biosimilar …
The Duty To Maintain, Nadav Shoked
The Duty To Maintain, Nadav Shoked
Duke Law Journal
Property is closely associated with freedom. Following the demise of the feudal property system, property ownership in Anglo-American law came to imply an individual's freedom to act as she pleases on her land. For their part, modern property theories—whether right-based, utilitarian, or relational—employ the normative value of freedom to justify ownership. Courts and scholars have always acknowledged the fact that this freedom of the owner cannot be absolute: an owner's freedom to do as she pleases on her land is often limited to protect other owners. However, the consensual assumption remains that an owner is not subject to affirmative duties. …