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Duke Law

1999

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Articles 1 - 30 of 201

Full-Text Articles in Law

Self-Settled Spendthrift Trusts And The Alaska Trust Act: Has Alaska Moved Offshore?, Jeremy M. Veit Dec 1999

Self-Settled Spendthrift Trusts And The Alaska Trust Act: Has Alaska Moved Offshore?, Jeremy M. Veit

Alaska Law Review

No abstract provided.


A Model For Alaska: Deregulation In The Far North, Inara K. Scott Dec 1999

A Model For Alaska: Deregulation In The Far North, Inara K. Scott

Alaska Law Review

No abstract provided.


Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson Dec 1999

Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Duke Law Journal

Professor Atkinson hopes William Faulkner's Intruder in the Dust will replace Harper Lee's To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protege try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Pinch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself The first urges us to ...


The Vertical Separation Of Powers, Victoria Nourse Dec 1999

The Vertical Separation Of Powers, Victoria Nourse

Duke Law Journal

Standard understandings of the separation of powers begin with the concept of function. Professor Nourse argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the Article returns to proposals considered at the Constitutional Convention and considers difficult contemporary cases such as Morrison v. Olson, Clinton v. Jones, and the Supreme Court's more recent federalism decisions. In each instance, function appears to steer us wrong because it fails to understand separation of powers questions as ones of structural incentive and ...


How Permanent Became Temporary In Del Monte Dunes, Michael C. Levine Dec 1999

How Permanent Became Temporary In Del Monte Dunes, Michael C. Levine

Duke Law Journal

Regulatory takings are like car accidents. They fascinate us. We cannot help slowing down to look. What a disaster, we say to ourselves. We are so glad it did not happen to us. But we wonder if we could be next, We think about who is at fault, who should pay for the damages, and how it all could have been avoided in the first place And we question how the rules of the road could be improved so that such collisions in the future could be averted.


The International Criminal Court: Assessing The Jurisdictional Loopholes In The Rome Statute, Melissa K. Marler Dec 1999

The International Criminal Court: Assessing The Jurisdictional Loopholes In The Rome Statute, Melissa K. Marler

Duke Law Journal

No abstract provided.


Journal Staff Dec 1999

Journal Staff

Duke Law Journal

No abstract provided.


The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou Dec 1999

The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou

Alaska Law Review

No abstract provided.


Journal Staff Dec 1999

Journal Staff

Alaska Law Review

No abstract provided.


Cumulative Index Dec 1999

Cumulative Index

Alaska Law Review

No abstract provided.


The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan Dec 1999

The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan

Alaska Law Review

No abstract provided.


Journal Staff Nov 1999

Journal Staff

Duke Law Journal

No abstract provided.


Choice Or Commonality: Welfare And Schooling After The End Of Welfare As We Knew It, Martha Minow Nov 1999

Choice Or Commonality: Welfare And Schooling After The End Of Welfare As We Knew It, Martha Minow

Duke Law Journal

Reflecting market rhetoric but also potentially advancing spiritual and religious values, school voucher plans dominate current debates on education reform. These voucher plans would enable parents to use public dollars to select private schools, including parochial ones, for their children. Moreover, the recent federal welfare reform includes the "charitable choice" provision, which enables states to issue vouchers to individuals who can redeem them for services and aid from private, including religious, entities. In this Article, Professor Minow predicts that constitutional challenges to these plans under the religion clauses are likely to result in judicial approval of school vouchers and judicial ...


Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli Nov 1999

Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli

Duke Law Journal

Rapidly developing technological opportunities for unauthorized uses of identity-from "virtual kidnapping" to digitalcasting-coincide with growing demand for a preemptive federal right of publicity that can replace the existing welter of inconsistent state laws. Progress is impeded, however, by intractable doctrinal confusion and academic hostility to the right as allegedly inimical to society's cultural need to manipulate celebrity images. Because the right of publicity is traditionally based on Lockean labor theory and analogized to intellectual property in created works, it is vulnerable to such attacks; to date, no serious attempt has been made to elaborate an alternative philosophical justification that ...


The Reasonable Government Official Test: A Proposal For The Treatment Of Factual Information Under The Federal Deliberative Process Privilege, Kirk D. Jensen Nov 1999

The Reasonable Government Official Test: A Proposal For The Treatment Of Factual Information Under The Federal Deliberative Process Privilege, Kirk D. Jensen

Duke Law Journal

No abstract provided.


Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard Oct 1999

Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard

Duke Journal of Comparative & International Law

No abstract provided.


Current Trends In Corporate Governance: Going From London To Milan Via Toronto, Brian R. Cheffins Oct 1999

Current Trends In Corporate Governance: Going From London To Milan Via Toronto, Brian R. Cheffins

Duke Journal of Comparative & International Law

No abstract provided.


U.S. Tax Consequences Of The Euro Conversion: Is The Treasury’S Response Sufficient?, Christine E. Mercier Oct 1999

U.S. Tax Consequences Of The Euro Conversion: Is The Treasury’S Response Sufficient?, Christine E. Mercier

Duke Journal of Comparative & International Law

No abstract provided.


Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra Oct 1999

Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra

Duke Journal of Comparative & International Law

No abstract provided.


Journal Staff Oct 1999

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.


New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos Oct 1999

New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos

Duke Journal of Comparative & International Law

No abstract provided.


Foreword, Stephen M. Wallenstein Oct 1999

Foreword, Stephen M. Wallenstein

Duke Journal of Comparative & International Law

No abstract provided.


Journal Staff Oct 1999

Journal Staff

Duke Law Journal

No abstract provided.


Classical Republicanism And The Fifth Amendment’S “Public Use” Requirement, Nathan Alexander Sales Oct 1999

Classical Republicanism And The Fifth Amendment’S “Public Use” Requirement, Nathan Alexander Sales

Duke Law Journal

No abstract provided.


Preserving Minors’ Rights After Casey: The “New Battlefield” Of Negligence And Strict Liability Statutes, Pammela S. Quinn Oct 1999

Preserving Minors’ Rights After Casey: The “New Battlefield” Of Negligence And Strict Liability Statutes, Pammela S. Quinn

Duke Law Journal

No abstract provided.


Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North Oct 1999

Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North

Duke Environmental Law & Policy Forum

No abstract provided.


Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle Oct 1999

Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle

Duke Environmental Law & Policy Forum

No abstract provided.


Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose Oct 1999

Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose

Duke Environmental Law & Policy Forum

No abstract provided.


International Cooperation And The International Commons, Scott Barrett Oct 1999

International Cooperation And The International Commons, Scott Barrett

Duke Environmental Law & Policy Forum

No abstract provided.


Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor Oct 1999

Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor

Duke Environmental Law & Policy Forum

No abstract provided.