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Duke Law

2016

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Articles 1 - 30 of 346

Full-Text Articles in Law

Building Relations: Alaska Natives, Ancsa And The Federal Government, Raina Thiele Dec 2016

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

Alaska Law Review

No abstract provided.


Ancsa Section 7(I): $40 Million Per Word And Counting, Aaron M. Schutt Dec 2016

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 Dec 2016

Look Back To Go Forward, Elizabeth Saagulik Hensley

Alaska Law Review

No abstract provided.


Sovereignty And Subsistence: Native Self-Government And Rights To Hunt, Fish, And Gather After Ancsa, Robert T. Anderson Dec 2016

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 …


A Tribal Advocate’S Critique Of Proposed Ancsa Amendments: Perpetuating A Broken Corporate Assimilationist Policy, Vance A. Sanders Dec 2016

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

Alaska Law Review

No abstract provided.


Issuing New Stock In Ancsa Corporations, Maude Blair Dec 2016

Issuing New Stock In Ancsa Corporations, Maude Blair

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 Dec 2016

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.


The Benefits Of A Benefit Corporation Statute For Alaska Native Corporations, William Robinson Dec 2016

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 Dec 2016

Note From The Editor, Adam H. Kaldor

Alaska Law Review

No abstract provided.


A Business Entity By Any Other Name: Corporation, Community And Kinship, Christian G. Vazquez Dec 2016

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 …


Journal Staff Dec 2016

Journal Staff

Alaska Law Review

No abstract provided.


Competition Law & Policy In Developing Countries: Explaining Variations In Outcomes; Exploring Possibilities And Limits, Umut Aydin, Tim Büthe Dec 2016

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.


Competition Law Enforcement In China: Between Technocracy And Industrial Policy, Yane Svetiev, Lei Wang Dec 2016

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

Law and Contemporary Problems

No abstract provided.


The Causes Of Competition Agency Ineffectiveness In Developing Countries, A.E. Rodriguez, Ashok Menon Dec 2016

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

Law and Contemporary Problems

No abstract provided.


Journal Staff Dec 2016

Journal Staff

Law and Contemporary Problems

No abstract provided.


Competition Policy: The Comparative Advantage Of Developing Countries, Eleanor M. Fox Dec 2016

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 Dec 2016

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 Dec 2016

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

Law and Contemporary Problems

No abstract provided.


Competition Law And Policy In Mexico: Successes And Challenges, Umut Aydin Dec 2016

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

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 Dec 2016

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.


Supplanting Foreign Antitrust, Ralf Michaels Dec 2016

Supplanting Foreign Antitrust, Ralf Michaels

Law and Contemporary Problems

No abstract provided.


Putting Fair Use On Display: Ending The Permissions Culture In The Museum Community, Rosemary Chandler Dec 2016

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 Dec 2016

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 Dec 2016

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 Dec 2016

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 Dec 2016

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 …


Regulating Public Offerings Of Truly New Securities: First Principles, Merritt B. Fox Dec 2016

Regulating Public Offerings Of Truly New Securities: First Principles, Merritt B. Fox

Duke Law Journal

The public offering of truly new securities involves purchases by investors in sufficient number and in small enough blocks that each purchaser’s shares can reasonably be expected to be freely tradable in a secondary market that did not exist before the offering. Increasing the ability of small and medium-sized enterprises (SMEs) to make such offerings has been the subject of much recent discussion.

At the time that a firm initially contemplates such an offering, unusually large information asymmetries exist between its insiders and potential investors. These can lead to severe adverse-selection problems that prevent a substantial portion of worthy offerings …


Adaptive Financial Regulation And Regtech: A Concept Article On Realistic Protection For Victims Of Bank Failures, Lawrence G. Baxter Dec 2016

Adaptive Financial Regulation And Regtech: A Concept Article On Realistic Protection For Victims Of Bank Failures, Lawrence G. Baxter

Duke Law Journal

Frustrated by the seeming inability of regulators and prosecutors to hold bank executives to account for losses inflicted by their companies before, during, and since the financial crisis of 2008, some scholars have suggested that private-attorney-general suits such as class action and shareholder derivative suits might achieve better results. While a few isolated suits might be successful in cases where there is provable fraud, such remedies are no general panacea for preventing large-scale bank-inflicted losses. Large losses are nearly always the result of unforeseeable or suddenly changing economic conditions, poor business judgment, or inadequate regulatory supervision—usually a combination of all …


How Understanding The Nature Of Corporate Norms Can Prevent Their Destruction By Settlements, James D. Cox Dec 2016

How Understanding The Nature Of Corporate Norms Can Prevent Their Destruction By Settlements, James D. Cox

Duke Law Journal

Scholars have long celebrated the importance of norms in corporate law. Indeed, norms likely guide corporate actors more than the omnipresent threat of shareholder suits. This Article divides corporate norms into two distinct groups: aspirational norms and arbiter norms. Aspirational norms announce socially desirable objectives for corporate managers and encourage certain disclosure practices; arbiter norms identify distinct transactions for closer scrutiny by an independent body, the court. This Article shows that even though aspirational norms and arbiter norms serve different objectives, they share a common characteristic—overbreadth. This feature exists whether the norm is set forth by statute or found in …


The Role Of Blue Sky Laws After Nsmia And The Jobs Act, Rutheford B. Campbell Jr. Dec 2016

The Role Of Blue Sky Laws After Nsmia And The Jobs Act, Rutheford B. Campbell Jr.

Duke Law Journal

State securities laws—in particular, state laws requiring that securities offered by issuers be registered with the states—have been an impediment to the efficient movement of capital to its highest and best use. The pernicious effects of these laws—generally referred to as “blue sky laws”—have been felt most acutely by small businesses, a vital component of our national economy.

It has been difficult to remedy this problem. States and state regulators have been tenacious in protecting their registration authority from federal preemption. The Securities and Exchange Commission, on the other hand, has been reluctant to advocate for preemption and unwilling to …