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Duke Law

2010

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Articles 1 - 30 of 368

Full-Text Articles in Law

Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen Dec 2010

Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Defining The Problem Of Cost In Federal Civil Litigation, Emery G. Lee Iii, Thomas E. Willging Dec 2010

Defining The Problem Of Cost In Federal Civil Litigation, Emery G. Lee Iii, Thomas E. Willging

Duke Law Journal

No abstract provided.


Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark Dec 2010

Mandatory Arrest For Misdemeanor Domestic Violence: Is Alaska’S Arrest Statute Constitutional?, Paul A. Clark

Alaska Law Review

No abstract provided.


A New Answer For An Old Question: Should Alaska Once Again Consider A Unicameral Legislature?, Jonathan S. Ross Dec 2010

A New Answer For An Old Question: Should Alaska Once Again Consider A Unicameral Legislature?, Jonathan S. Ross

Alaska Law Review

No abstract provided.


Subsistence Hunting And Fishing In Alaska: Does Anilca’S Rural Subsistence Priority Really Conflict With The Alaska Constitution?, Jack B. Mcgee Dec 2010

Subsistence Hunting And Fishing In Alaska: Does Anilca’S Rural Subsistence Priority Really Conflict With The Alaska Constitution?, Jack B. Mcgee

Alaska Law Review

No abstract provided.


One Company, Two Worlds: The Case For Alaska Native Corporations, Travis G. Buchanan Dec 2010

One Company, Two Worlds: The Case For Alaska Native Corporations, Travis G. Buchanan

Alaska Law Review

No abstract provided.


Journal Staff Dec 2010

Journal Staff

Alaska Law Review

No abstract provided.


Some Issues Raised By Alaska’S Recording Act, William A. Reppy Jr. Dec 2010

Some Issues Raised By Alaska’S Recording Act, William A. Reppy Jr.

Alaska Law Review

No abstract provided.


Note From The Editor, Jonathan Ross Dec 2010

Note From The Editor, Jonathan Ross

Alaska Law Review

No abstract provided.


Progress In The Spirit Of Rule 1, John G. Koeltl Dec 2010

Progress In The Spirit Of Rule 1, John G. Koeltl

Duke Law Journal

No abstract provided.


The Present Plight Of The United States District Courts, Patrick E. Higginbotham Dec 2010

The Present Plight Of The United States District Courts, Patrick E. Higginbotham

Duke Law Journal

No abstract provided.


Journal Staff Dec 2010

Journal Staff

Duke Law Journal

No abstract provided.


Sonia, What’S A Nice Person Like You Doing In Company Like That, Thomas D. Rowe Jr. Dec 2010

Sonia, What’S A Nice Person Like You Doing In Company Like That, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Discovering A Better Way: The Need For Effective Civil Litigation Reform, John H. Beisner Dec 2010

Discovering A Better Way: The Need For Effective Civil Litigation Reform, John H. Beisner

Duke Law Journal

This Article addresses the myriad problems posed by unfettered discovery in the United States Rather than promoting fairness and efficiency in the American legal system, plaintiffs today often use discovery in an abusive and vexatious manner to coerce defendants into accepting quick settlements Over the past several decades, discovery has expanded in both scope and magnitude such that discovery costs now account for at least half of the total litigation costs in any given case The advent of electronic discovery has only exacerbated the problem, given the sheer number of electronic documents generated in the course of business and the …


Sanctions For E-Discovery Violations: By The Numbers, Dan H. Willoughby Jr., Rose Hunter Jones, Gregory R. Antine Dec 2010

Sanctions For E-Discovery Violations: By The Numbers, Dan H. Willoughby Jr., Rose Hunter Jones, Gregory R. Antine

Duke Law Journal

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against …


Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington Dec 2010

Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington

Duke Law Journal

This Article is a reflection on personal experience as well as an account of what has happened to the Federal Rules of Civil Procedure in the most recent quarter century It observes that the Supreme Court of the United States has assigned to itself a role in making procedural law inconsistent with the Rules Enabling Act of 1934 or any more-recent utterance of Congress This procedural law made by the Court is responsive to the desire of business interests to weaken the ability of citizens to enforce laws enacted to protect them from business misconduct The Article concludes with the …


Judicial Case Management: Caught In The Crossfire, Steven S. Gensler Dec 2010

Judicial Case Management: Caught In The Crossfire, Steven S. Gensler

Duke Law Journal

For thirty years, the Federal Rules of Civil Procedure have relied on active Judicial case management to combat undue cost and delay The complaints about cost and delay have not gone away, but few blame the case-management rules for that Indeed, lawyers continue to view active judicial case management as one of the best ways of reducing cost and delay, and most of the reforms being urged today seek even greater Judicial case management for that reason But some think the rulemakers took a wrong turn thirty years ago and that each round of rulemaking that places more reliance on …


The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin Nov 2010

The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Standards × Patents ÷ Antitrust = ∞: The Inadequacy Of Antitrust To Address Patent Ambush, Jonathan Hillel Nov 2010

Standards × Patents ÷ Antitrust = ∞: The Inadequacy Of Antitrust To Address Patent Ambush, Jonathan Hillel

Duke Law & Technology Review

"Patent ambush" describes certain rent-seeking behavior by the owner of patent rights to a technology that is essential to an industry standard. Two cases, Qualcomm and Rambus, represent attempts of the Third and D.C. Circuits, respectively, to address patent ambushes using federal antitrust statutes. In both cases, antitrust law proves inadequate to the task. Under Qualcomm, licensees gain too much power to extort undervalued royalty rates from patent holders who have disclosed their rights during standard-setting. Under Rambus, coupled with the dearth of other options to combat patent ambushes, non-disclosing patent holders are given free reign over standardized markets, to …


Limitation Of Sales Warranties As An Alternative To Intellectual Property Rights: An Empirical Analysis Of Iphone Warranties’ Deterrent Impact On Consumers, Marc L. Roark Nov 2010

Limitation Of Sales Warranties As An Alternative To Intellectual Property Rights: An Empirical Analysis Of Iphone Warranties’ Deterrent Impact On Consumers, Marc L. Roark

Duke Law & Technology Review

Apple's success with the Apple iPhone has brought with it certain problems. Its success has engendered a community that has attempted to circumvent Apple's exclusive service agreement with AT&T. Unfortunately for Apple (and similarly situated manufacturers), intellectual property law allows consumers to alter their products so as to circumvent relationships that manufacturers may have with others. The patent and copyright law first sale doctrine allows consumers to manipulate a product after it is purchased. As a result, manufacturers are increasingly turning to alternatives to intellectual property to secure control over the device after the sale. One such alternative is the …


Applying Copyright Abandonment In The Digital Age, Matthew W. Turetzky Nov 2010

Applying Copyright Abandonment In The Digital Age, Matthew W. Turetzky

Duke Law & Technology Review

Copyright law protects orphan and parented works equally--but it shouldn't. Consequently, current law unnecessarily restrains public access to works that authors have not exercised dominion over for decades. This problem has come to the fore in the Google Books settlement, which critics argue will give Google a de facto monopoly over orphan works. But this criticism implicates an obvious question: Why are orphan works protected by copyright law in the first place? If orphan works were in the public domain, then no one would worry about Google's supposed "monopoly" because Google's competitors would be free to copy the works without …


The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan Nov 2010

The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan

Duke Law & Technology Review

Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become front page …


Mooting The Night Away: Postinauguration Midnight-Rule Changes And Vacatur For Mootness, Ari Cuenin Nov 2010

Mooting The Night Away: Postinauguration Midnight-Rule Changes And Vacatur For Mootness, Ari Cuenin

Duke Law Journal

No abstract provided.


Reconceptualizing Aggression, Michael Anderson Nov 2010

Reconceptualizing Aggression, Michael Anderson

Duke Law Journal

No abstract provided.


Advice And Complicity, Matthew A. Smith Nov 2010

Advice And Complicity, Matthew A. Smith

Duke Law Journal

No abstract provided.


“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins Nov 2010

“A Considerable Surgical Operation”: Article Iii, Equity, And Judge-Made Law In The Federal Courts, Kristin A. Collins

Duke Law Journal

No abstract provided.


Rule 10b-5 And The Rise Of The Unjust Enrichment Principle, James J. Park Nov 2010

Rule 10b-5 And The Rise Of The Unjust Enrichment Principle, James J. Park

Duke Law Journal

No abstract provided.


Journal Staff Nov 2010

Journal Staff

Duke Law Journal

No abstract provided.


Essay: Restructuring Corporate Debt In The Context Of A Systemic Crisis, Sean Hagan Oct 2010

Essay: Restructuring Corporate Debt In The Context Of A Systemic Crisis, Sean Hagan

Law and Contemporary Problems

No abstract provided.


When Bad Things Happen To Good Sovereign Debt Contracts: The Case Of Ecuador, Arturo C. Porzecanski Oct 2010

When Bad Things Happen To Good Sovereign Debt Contracts: The Case Of Ecuador, Arturo C. Porzecanski

Law and Contemporary Problems

No abstract provided.