Law Commons^™

Sovereignty And Subsistence: Native Self-Government And Rights To Hunt, Fish, And Gather After Ancsa, Robert T. Anderson

Alaska Law Review

The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to extinguish aboriginal rights of Alaska Natives and provide compensation for those rights extinguished. Instead of vesting assets (land and money) in tribal governments, Congress required the formation of Alaska Native corporations to receive and hold these assets. A major flaw in the settlement was the failure to provide statutory protections for the aboriginal hunting, fishing, and gathering rights extinguished by ANCSA. Moreover, while ANCSA did not directly address Alaska Native tribal status or jurisdiction, the Supreme Court interpreted the Act to terminate the Indian country status of ANCSA …

The Benefits Of A Benefit Corporation Statute For Alaska Native Corporations, William Robinson

Alaska Law Review

In the forty-five years since the Alaska Native Claims Settlement Act (ANCSA) created the Alaska Native regional corporation and village corporations, shareholders and outside observers have criticized the statute’s use of the traditional corporate form as inappropriate for Alaska Native communities. The emergence of the benefit corporation entity across the United States may soon mean that Native corporations have a promising alternative. If Alaska joins the majority of states that have adopted this new legal entity, Native corporations would have an opportunity to significantly reform their corporate governance within the existing framework of ANCSA. This Note will argue that Alaska …

Note From The Editor, Adam H. Kaldor

Alaska Law Review

No abstract provided.

Building Relations: Alaska Natives, Ancsa And The Federal Government, Raina Thiele

Alaska Law Review

No abstract provided.

Issuing New Stock In Ancsa Corporations, Maude Blair

Alaska Law Review

No abstract provided.

Ancsa Section 7(I): $40 Million Per Word And Counting, Aaron M. Schutt

Alaska Law Review

No abstract provided.

Look Back To Go Forward, Elizabeth Saagulik Hensley

Alaska Law Review

No abstract provided.

Protection Of Alaska Native Customary And Traditional Hunting And Fishing Rights Through Title Viii Of Anilca, John Sky Starkey

Alaska Law Review

This paper analyzes the degree to which the administration of Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) of 1980 protects customary and traditional hunting and fishing by Alaska Natives and their tribal communities. A recent Memorandum of Understanding (MOU) entered into by the United States Fish and Wildlife Service (USFWS) and the Kuskokwim Inter-Tribal Fish Commission (KRITFC) for co-management of subsistence fisheries will be used as a means to analyze the issue. This paper concludes with suggestions for improving the administration of Title VIII to better secure Alaska Native and Tribal rights for self-determination.

Journal Staff

Alaska Law Review

No abstract provided.

A Business Entity By Any Other Name: Corporation, Community And Kinship, Christian G. Vazquez

Alaska Law Review

Forty-five years ago, the Alaska Native Claims Settlement Act resolved outstanding land claims between the federal and state government and Alaska Natives. The fund created by the settlement was used as seed money to establish the Alaska Native Corporations. The Native corporations have particular features which make them distinct from other business entities, these differences have been lauded by some shareholders but have simultaneously drawn ire from others. In 2015 the Alaska legislature introduced H.B. 49, a benefit corporation bill that would allow entrepreneurs to pursue both profits and social ends. This note traces the rise of the modern Alaska …

A Tribal Advocate’S Critique Of Proposed Ancsa Amendments: Perpetuating A Broken Corporate Assimilationist Policy, Vance A. Sanders

Alaska Law Review

No abstract provided.

Competition Law Enforcement In China: Between Technocracy And Industrial Policy, Yane Svetiev, Lei Wang

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Competition Policy: The Comparative Advantage Of Developing Countries, Eleanor M. Fox

Law and Contemporary Problems

No abstract provided.

Note: Exploring The Promise And Potential Of A Wto Anti-Corruption Treaty, Christine E. Dryden

Law and Contemporary Problems

No abstract provided.

Chilean Antitrust Policy: Some Lessons Behind Its Success, Francisco Agüero

Law and Contemporary Problems

No abstract provided.

Lifecycles Of Competition Systems: Explaining Variation In The Implementation Of New Regimes, William E. Kovacic, Marianela Lopez-Galdos

Law and Contemporary Problems

No abstract provided.

Competition Law And Policy In Mexico: Successes And Challenges, Umut Aydin

Law and Contemporary Problems

No abstract provided.

Competition Law & Policy In Developing Countries: Explaining Variations In Outcomes; Exploring Possibilities And Limits, Umut Aydin, Tim Büthe

Law and Contemporary Problems

No abstract provided.

Supplanting Foreign Antitrust, Ralf Michaels

Law and Contemporary Problems

No abstract provided.

The Causes Of Competition Agency Ineffectiveness In Developing Countries, A.E. Rodriguez, Ashok Menon

Law and Contemporary Problems

No abstract provided.

Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler

Duke Law & Technology Review

Digital technologies present museums with tremendous opportunities to increase public access to the arts. But the longstanding “permissions culture” entrenched in the museum community—in which licenses are obtained for the use of copyrighted materials regardless of whether such uses are “fair,” such that licenses are not legally required—likely will make the cost of many potential digital projects prohibitively expensive. Ending the permissions culture is therefore critically important to museums as they seek to connect with diverse audiences in the Digital Age. In this issue brief, I argue that such a development will require clear and context-specific information about fair use …

The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Duke Journal of Constitutional Law & Public Policy

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …

Unprotected And Unpersuaded: The Fcc's Flawed Merger Review Procedures, Trey O'Callaghan

Duke Law & Technology Review

In CBS Corporation v. FCC, the D.C. Circuit struck down the Federal Communication Commission’s rules for protecting confidential information that it collects during certain merger proceedings. In response, the Commission released a new order, pursuant to the Charter, Time Warner, and Bright House merger proceeding, for protecting confidential information. This iBrief analyzes the policy and legal implications of the Order, arguing that the Order is unlawful because it violates the Trade Secrets Act and notice-and-comment rulemaking requirements.

The Knowledge Gap In Workplace Retirement Investing And The Role Of Professional Advisors, Jill E. Fisch, Tess Wilkinson-Ryan, Kristin Firth

Duke Law Journal

The dramatic shift from traditional pension plans to participant-directed 401(k) plans has increased the obligation of individual investors to take responsibility for their own retirement planning. With this shift comes increasing evidence that investors are making poor investment decisions.

This Article seeks to uncover the reasons for poor investment decisions. We use a simulated retirement investing task and a new financial literacy index to evaluate the role of financial literacy in retirement investment decisionmaking in a group of nonexpert participants. Our results suggest that individual employees often lack the skills necessary to support the current model of participant-directed investing. We …

Using The False Claims Act To Remedy Tax-Expenditure Fraud, Ian Ayres, Robert Mcguire

Duke Law Journal

The federal False Claims Act (FCA) may be a tool for combating fraudulent claims regarding tax expenditures. The FCA has been used to protect the public fisc by imposing liability upon anyone who makes a false or fraudulent claim relating to an expenditure of federal funds. A substantial share of government spending is implemented through tax credits and deductions granted to individuals and entities for taking particular actions promoted by the tax code—so-called “tax expenditures.” Funds subsidized by such tax expenditures can themselves be the objects of fraud. For example, a taxpayer could be defrauded of retirement funds that the …

“We Believe”: Omnicare, Legal Risk Disclosure And Corporate Governance, Hillary A. Sale, Donald C. Langevoort

Duke Law Journal

The Supreme Court’s decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund presents new challenges for boards of directors. The opinion speaks to whether and when an issuer’s statement of belief can be false or misleading other than by proof that the issuer’s genuine opinion was different from what it stated. Statements of opinion imply something about how the belief was formed, and that process implicates the role of directors as fiduciaries.

This Article uses Omnicare as a starting point for exploring and developing the interplay between disclosure, discourse, and fiduciary duties. Using the lens of corporate-discourse …

James D. Cox, David F. Levi

Duke Law Journal

No abstract provided.

James D. Cox: The Shareholders’ Best Advocate, Randall S. Thomas, Harwell Wells

Duke Law Journal

This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke University School of Law. It traces the ways in which corporate law scholarship changed from the 1970s to the present, including the rise of economic theory and empirical work in the study of corporate law. It shows how Professor Cox’s early scholarship shaped and challenged economic orthodoxy, while his later work used empirical analysis to help corporate law become a more dynamic and richer field. …