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Articles 1 - 30 of 243
Full-Text Articles in Law
Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang
Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang
Duke Law & Technology Review
The United States Congress recently passed the first federal legislation to curb the influx of spam. However, the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") left some measures to be enacted by the Federal Trade Commission ("FTC"), and some consumers are calling for the Act to have a broader reach and for the creation of a Do-Not-E-Mail registry. Conversely, the FTC decided to delay the creation of a registry and opted to assist in the development of a new technological authentication system. This iBrief looks at the current state of spam and explains that it is …
Foreword, Francesca Bignami
1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas
1984 Is Still Fiction: Electronic Monitoring In The Workplace And U.S. Privacy Law, Christopher Pearson Fazekas
Duke Law & Technology Review
Electronic monitoring in the workplace has been the subject of relentless public criticism. Privacy advocates argue that technological advancements have given overbearing employers powerful tools to abuse employee dignity in the name of productivity and that new legislation should bolster workplace privacy rights. This iBrief contends that current U.S. legal doctrine governing electronic monitoring in the workplace is fair given the nature and purpose of the workplace, and potential employer liability for employee misconduct.
Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower
Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower
Alaska Law Review
No abstract provided.
Three Generations Of Participation Rights Before The European Commission, Francesca Bignami
Three Generations Of Participation Rights Before The European Commission, Francesca Bignami
Law and Contemporary Problems
Bignami offers a conceptual framework for analyzing the development of participation rights before the European Commission from the early 1970s to the present day. Process rights before the Commission can be divided into three categories, each of which is associated with a distinct phase in European Community history and a particular set of institutional actors.
The Proceedings Of The European Ombudsman, Simone Cadeddu
The Proceedings Of The European Ombudsman, Simone Cadeddu
Law and Contemporary Problems
Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Law and Contemporary Problems
Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Duke Law Journal
The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …
How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks
How To Influence States: Socialization And International Human Rights Law, Ryan Goodman, Derek Jinks
Duke Law Journal
Regime design choices in international law turn on empirical claims about how states behave and under what conditions their behavior changes. Substantial empirical evidence suggests three distinct mechanisms whereby states and institutions might influence the behavior of other states: coercion, persuasion, and acculturation. Several structural impediments preclude effective implementation of coercion- and persuasion-based regimes in human rights law--yet these models of social influence inexplicably predominate in international legal studies. In this Article, we first describe in some detail the salient conceptual features of each mechanism of social influence. We then link each of the identified mechanisms to specific regime design …
European Administrative Proceedings, Sabino Cassese
European Administrative Proceedings, Sabino Cassese
Law and Contemporary Problems
Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.
Four Ways To Better 1l Assessments, Ron M. Aizen
Four Ways To Better 1l Assessments, Ron M. Aizen
Duke Law Journal
No abstract provided.
The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein
The Baker Doctrine And The New Federalism: Developing Independent Constitutional Principles Under The Alaska Constitution, Thomas V. Van Flein
Alaska Law Review
No abstract provided.
The Remote Site Doctrine In Alaska, Joseph A. Kalamarides
The Remote Site Doctrine In Alaska, Joseph A. Kalamarides
Alaska Law Review
No abstract provided.
Alaska’S Merit Selection For Judges, Susie M. Dosik
Alaska’S Merit Selection For Judges, Susie M. Dosik
Alaska Law Review
No abstract provided.
The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi
The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi
Alaska Law Review
No abstract provided.
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
Law and Contemporary Problems
Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Law and Contemporary Problems
Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
Law and Contemporary Problems
Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.
European Principles Governing National Administrative Proceedings, Claudio Franchini
European Principles Governing National Administrative Proceedings, Claudio Franchini
Law and Contemporary Problems
It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.
Administrative Proceedings Involving European Agencies, Edoardo Chiti
Administrative Proceedings Involving European Agencies, Edoardo Chiti
Law and Contemporary Problems
Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.
Forms Of European Administrative Action, Mario P. Chiti
Forms Of European Administrative Action, Mario P. Chiti
Law and Contemporary Problems
Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.
Crossed Signals In A Wireless World: The Seventh Circuit’S Misapplication Of The Complete Preemption Doctrine, Matthew J. Kleiman
Crossed Signals In A Wireless World: The Seventh Circuit’S Misapplication Of The Complete Preemption Doctrine, Matthew J. Kleiman
Duke Law & Technology Review
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits against wireless service providers. While consumers seek to utilize various consumer-friendly state law causes of action, the wireless industry continues to push for a uniform federal regulatory regime. Ambiguous language in the Federal Communications Act of 1934 ("FCA") and disagreement among the federal circuits has led to much confusion over whether state law claims affecting wireless rates and market entry are removable to federal court by way of "complete preemption." This iBrief argues that FCA's preemption power is limited by its savings clause, failure …
The Trade Of Cross-Border Gambling And Betting: The Wto Dispute Between Antigua And The United States, James D. Thayer
The Trade Of Cross-Border Gambling And Betting: The Wto Dispute Between Antigua And The United States, James D. Thayer
Duke Law & Technology Review
The first ecommerce dispute to come before the World Trade Organization ("WTO") was billed to be one of David and Goliath proportion. The tiny twin-island nation-state of Antigua and Barbuda challenged the United States' ban on cross-border Internet gambling and betting. As a result of the dispute, the WTO issued a private final report against the United States finding that the ban violates the United States' commitments under the WTO. Shortly before the public release of the final report, both parties petitioned the WTO to indefinitely postpone its release so that the parties could engage in private negotiations. The final …
Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode
Frivolous Litigation And Civil Justice Reform: Miscasting The Problem, Recasting The Solution, Deborah L. Rhode
Duke Law Journal
No abstract provided.
The Degeneralization Of The Generalized System Of Preferences (Gsp): Questioning The Legitimacy Of The U.S. Gsp, Amy M. Mason
The Degeneralization Of The Generalized System Of Preferences (Gsp): Questioning The Legitimacy Of The U.S. Gsp, Amy M. Mason
Duke Law Journal
No abstract provided.