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Articles 1 - 21 of 21

Full-Text Articles in Law

Holding A Child In Contempt, Maggie L. Hughey Nov 1996

Holding A Child In Contempt, Maggie L. Hughey

Duke Law Journal

No abstract provided.


Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner Oct 1996

Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner

Law and Contemporary Problems

One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.


International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni Oct 1996

International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni

Law and Contemporary Problems

There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.


Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy Oct 1996

Preserving Dynamic Systems: Wetlands, Ecology And Law, Alyson C. Flournoy

Duke Environmental Law & Policy Forum

No abstract provided.


Beyond The Balance Of Nature, Jonathan Baert Wiener Oct 1996

Beyond The Balance Of Nature, Jonathan Baert Wiener

Duke Environmental Law & Policy Forum

No abstract provided.


Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta Oct 1996

Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Law: Ethics Or Science?, A. Dan Tarlock Oct 1996

Environmental Law: Ethics Or Science?, A. Dan Tarlock

Duke Environmental Law & Policy Forum

No abstract provided.


Extraterritorial Discovery: A Social Contract Perspective, Karen A. Feagle Oct 1996

Extraterritorial Discovery: A Social Contract Perspective, Karen A. Feagle

Duke Journal of Comparative & International Law

No abstract provided.


Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton Oct 1996

Change, Constancy, And Creativity: The New Ecology And Some Old Problems, Bryan Norton

Duke Environmental Law & Policy Forum

No abstract provided.


The Potential For Unconventional Progress: Complex Adaptive Systems And Environmental Quality Policy, Gerald Andrews Emison Oct 1996

The Potential For Unconventional Progress: Complex Adaptive Systems And Environmental Quality Policy, Gerald Andrews Emison

Duke Environmental Law & Policy Forum

No abstract provided.


Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin Oct 1996

Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin

Duke Environmental Law & Policy Forum

No abstract provided.


Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb Jul 1996

Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb

Law and Contemporary Problems

Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.


Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black Jul 1996

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.


Foreword, Joe S. Cecil, Gerald T. Wetherington Jul 1996

Foreword, Joe S. Cecil, Gerald T. Wetherington

Law and Contemporary Problems

No abstract provided.


Reluctant Experts, Paul D. Carrington, Traci L. Jones Jul 1996

Reluctant Experts, Paul D. Carrington, Traci L. Jones

Law and Contemporary Problems

Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.


Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff Jul 1996

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.


Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer Jul 1996

Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer

Law and Contemporary Problems

Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.


A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil Jul 1996

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.


A New Confederacy? Disunionism In The Federal Courts, Paul D. Carrington Mar 1996

A New Confederacy? Disunionism In The Federal Courts, Paul D. Carrington

Duke Law Journal

No abstract provided.


Complexity Theory As A Paradigm For The Dynamical Law-And-Society System: A Wake-Up Call For Legal Reductionism And The Modern Administrative State, J. B. Ruhl Mar 1996

Complexity Theory As A Paradigm For The Dynamical Law-And-Society System: A Wake-Up Call For Legal Reductionism And The Modern Administrative State, J. B. Ruhl

Duke Law Journal

Imagine driving in a world with no traffic controls-no speed limits, no traffic lights, no stop signs, and no rights to prevent or punish reckless driving. Now imagine driving in a world brimming with a plethora of traffic controls-lights at every corner, every street a one-way, speed zones changing by the block, causes of action available to challenge the slightest of driving inetiquettes. In which world would you rather drive? In the lawless world-the world of total driver freedom-would you not yearn for some degree of socially imposed management of the exercise of free will, so that navigating each intersection …


Stretching Rico To The Limit And Beyond, Alexander M. Parker Feb 1996

Stretching Rico To The Limit And Beyond, Alexander M. Parker

Duke Law Journal

No abstract provided.