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Full-Text Articles in Law
Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin
Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin
Duke Environmental Law & Policy Forum
A major goal of the Clean Air Act 1 (hereinafter CAA or "Act") is to "protect and enhance the quality of the Nation's air resources." 2 The Act uses a two tiered approach to accomplish this goal. First, the Act focuses on the national attainment and maintenance of National Ambient Air Quality Standards (NAAQS) for "criteria" pollutants, 3 and second, the Act also sets specific standards for known hazardous air pollutants (HAPS) 4 . The Act emphasizes throughout its text that air quality problems are national in scope and often cross state boundaries. 5 Congress clearly intended that enforcement of …
Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer
Halting Neotropical Deforestation: Do The Forest Principles Have What It Takes?, Matthew B. Royer
Duke Environmental Law & Policy Forum
INTRODUCTION I crashed into the thick secondary growth, stopping suddenly to duck a certain branch in my path: a fat black bullet ant crawled along it with indifference, an attitude that would have quickly changed had I brushed up against him. I headed toward the large patch of Heliconia just to the right. We had earlier mapped out the clump, and finding it to contain seventeen flower clusters, it was one of the prize patches in the study plot. I took my spot ten paces from the outer clusters, started my stop watch, and waited with field book in hand. …
Controlling Improper Financial Gain In International Adoptions, Kristina Wilken
Controlling Improper Financial Gain In International Adoptions, Kristina Wilken
Duke Journal of Gender Law & Policy
When I went with the lawyer to pick up Kate--some part of town I could never find again--her mother was lying there, not in a house really, more like a stall with a bed in it. . . . It was like we were going baby shopping. 1 Although once rarely contemplated, international adoption has become a realistic option for couples in the United States. In fact, the United States has received more foreign children for adoption than any other country in the world. 2 Since the first wave of international adoptions in the late 1940s, 3 over 130,000 children …
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Duke Journal of Gender Law & Policy
The wholesale marketing of Black children to suit the economic interests of others was one of the cruelest aspects of slavery. Sons and daughters who were traded away from their parents would later struggle in vain to remember their families, their customs, and their countries of origin. Even the extended families which evolved in the transient slave communities were continually fragmented as children and their caretakers were merchanted to different plantations according to the whims of White slavemasters. 1 Although due to quite different circumstances, today the Black community continues to lose its children. At present, government sponsored entities, 2 …
S. 1224—In Support Of The Multiethnic Placement Act Of 1993, Howard M. Metzenbaum
S. 1224—In Support Of The Multiethnic Placement Act Of 1993, Howard M. Metzenbaum
Duke Journal of Gender Law & Policy
Anyone who knows me, friend or foe, will tell you that one of my great passions in life is children. They represent the best in all of us and our best hope for the future. All my life I have pursued policies to ensure that all children, no matter what the circumstances of their birth, are treasured and nurtured. Whether it is a baby born with AIDS and addicted to crack, or my own wonderful grandchildren, I want to do everything in my power to make sure that every child grows up in a loving, caring, stable, and safe environment. …
C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker
C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker
Duke Environmental Law & Policy Forum
Introduction Garbage collection, transportation, and disposal have historically been the responsibility of individual towns and cities in the United States. 1 However, stringent environmental regulations, declining landfill capacity, and the implementation of costly source reduction and recycling programs have greatly increased the costs of waste management borne by towns. 2 For the past two decades, many local governments have relied on "flow control" ordinances to finance their solid waste management activities. 3 These ordinances designate where municipal solid waste generated within the community must be managed, stored, or disposed. 4 Recently, in C & A Carbone, Inc. v. Town of …
The Criminal Justice System: Towards The 21st Century, Janet Reno
The Criminal Justice System: Towards The 21st Century, Janet Reno
Duke Journal of Gender Law & Policy
On January 22, 1994, Duke University was honored to have United States Attorney General Janet Reno visit our campus to deliver the Keynote Address for the Fifth Annual Frontiers of Legal Thought Conference. Every year, Duke Law School students organize and conduct this conference, addressing current legal and societal issues of interest to our students. This year's conference addressed "The Criminal Justice System: Towards the 21st Century." Attorney General Reno's speech stressed the need for interdisciplinary solutions to the criminal and social problems facing our country today. The Duke Journal of Gender Law & Policy hopes to foster the sort …
Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson
Pay Equity And Women’S Wage Increases: Success In The States, A Model For The Nation, Heidi I. Hartmann, Stephanie Aaronson
Duke Journal of Gender Law & Policy
By 1989, twenty states had implemented programs to raise the wages of workers in female-dominated job classes in their state civil services. A study of these pay equity programs, conducted by the Institute for Women's Policy Research and the Urban Institute, found that all twenty states were successful in closing the female/male wage gap without substantial negative side effects such as increased unemployment. The extent to which the states succeeded depended on many factors including how much money was spent, the proportion of women affected, and the standard to which female wages were raised. As women's responsibilities for their families' …
Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.
Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.
Duke Law Journal
The continued growth of the administrative bureaucracy and its increased impact on the rights and duties of citizens is a well-documented phenomenon of the twentieth century. 1 At the federal level, bureaucracy flourishes as Congress delegates ever more responsibility to agencies. 2 Within their statutorily defined fields, federal agencies typically perform the functions of rulemaking, enforcement and adjudication. 3 This note focuses on the adjudicatory function 4 and considers whether, when Congress creates a new statutory cause of action, 5 the seventh amendment 6 limits Congress's ability to delegate responsibility for adjudicating cases under that statute to a federal administrative …
Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson
Independent Agencies: Form And Substance In Executive Prerogative, Glen O. Robinson
Duke Law Journal
Among other things, the Supreme Court's decision in Morrison v. Olson, 1 upholding Congress's authorization of independent counsel to investigate and prosecute high-ranking government officials for violation of federal criminal laws, presumably will chill speculation that the Supreme Court is prepared to rethink the constitutionality of the independent agencies. Prior to the 1980s the constitutionality of the independent agencies had generally been thought secure on the strength of Humphrey's Executor. 2 Despite recurrent criticism of that decision, 3 there was no basis to think it was especially vulnerable. The Court's recent fascination with separation of powers, 4 however, invited speculation …
Independent Agencies Under Attack: A Skeptical View Of The Importance Of The Debate, Susan Bartlett Foote
Independent Agencies Under Attack: A Skeptical View Of The Importance Of The Debate, Susan Bartlett Foote
Duke Law Journal
The 1980s have witnessed two related but distinct attacks on independent agencies. 1 One attack is grounded in constitutional theory. Some have argued that independent agencies, those "strange amalgam[s]" that blend the functions of all three branches but are the creatures of none, violate the separation of powers doctrine in the Constitution. 2 This approach has been labeled "neoclassical" 3 or the "new formalism." 4 These terms suggest a rediscovery of fundamental constitutional principles. Another attack proceeds from an organizational perspective. Without clear lines of authority from one branch of government, independent agencies are politically unaccountable, and therefore vulnerable to …
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal E. Devins
Appropriations Redux: A Critical Look At The Fiscal Year 1988 Continuing Resolution, Neal E. Devins
Duke Law Journal
On January 25, 1988, in his State of the Union Address, President Reagan blasted Congress for the budget process culminating in the Fiscal Year 1988 (FY 88) continuing resolution. 1 Contending that "[m]ost of you in this chamber didn't know what was in this [2100-page] catch all bill and [accompanying conference] report," the President boldly proclaimed that he would not sign "another one of these." 2 This damning statement, rather than inciting the hostility associated with unfounded accusations, provoked the wild appreciation associated with a minister preaching to the faithful. Indeed, since Congress's passage of the resolution, pledges of support …
Social Science And Segregation Before Brown, Herbert Hovenkamp
Social Science And Segregation Before Brown, Herbert Hovenkamp
Duke Law Journal
A wide variety of scholarship has addressed the law of race relations during the late nineteenth and early twentieth centuries. Much of that scholarship has presented the judicial record in the Gilded Age and Progressive Era cases as reactionary and somehow in violation of the basic principles of equality implicit in the American Constitution, particularly in the thirteenth, fourteenth, and fifteenth amendments. Professor Hovenkamp calls this view into question by examining the science and social science of that period and the use of scientific information in race relations cases. He concludes that late nineteenth and early twentieth century courts used …
Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg
Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg
Duke Law Journal
The story of Franklin D. Roosevelt's Court-packing plan is a twice-told tale. 1 Every history of America in the twentieth century recounts the familiar chronicle -- that in February of 1937, FDR, in response to a series of decisions striking down New Deal laws, asked Congress for authority to add as many as six Justices to the Supreme Court, only to be outwitted by the Court itself when Chief Justice Charles Evans Hughes demonstrated that Roosevelt's claim that the Court was not abreast of its docket was spurious; when the conservative Justice Willis Van Devanter retired, thereby giving the President …