Law Commons^™

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

In The Absence Of Scrutiny: Narratives Of Probable Cause, Mitu Gulati, Jack Knight, David F. Levi

Faculty Scholarship

This Article reports on a set of roughly thirty interviews with federal magistrate judges. The focus of the interviews was the impact of the Supreme Court case, United States v. Leon, on the behavior of magistrate judges. Leon, famously, put in place the "good faith" exception for faulty warrants that were obtained by the officers in good faith. The insertion of this exception diminished significantly the incentive for defendants to challenge problematic warrant grants. That effect, in turn, could have diminished the incentive for magistrate judge scrutiny of the warrants at the front end of the process. We do not …

Accountability In Patenting Of Federally Funded Research, Arti K. Rai, Bhaven N. Sampat

Faculty Scholarship

Bayh-Dole allows academic grantees to patent federally-funded research for purposes of promoting the commercialization of this research. To ensure commercialization goals are achieved, the Act requires grantees to report to funding agencies not only the existence of federally-funded patents but also utilization efforts they and their licensees/assignees are making.

Although reporting is a cornerstone of accountability under Bayh-Dole, information about grantee compliance with reporting requirements is incomplete and dated. In fact, the last significant study of the question dates back to the late 1990s and analyzes only 633 patents. Since that time, concerns have emerged that federally-funded university patents are …

Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington

Faculty Scholarship

Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?

Book Review, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney

Duke Environmental Law & Policy Forum

INTRODUCTION In 1992, the United States Environmental Protection Agency (EPA) created the Definition of Solid Waste Task Force (Task Force). 1 Specifically, the Task Force was created to eliminate perceived disincentives to recycling, eliminate regulatory loopholes for those recycling practices presenting risks to health and the environment, and clarify the definition of solid waste. 2 In September, 1994, the Task Force published a report titled Reengineering RCRA for Recycling: Definition of Solid Waste Task Force: Report and Recommendations (Reengineering RCRA). 3 This report advocated a new national regulatory system for recycling. 4 Consistent with past practice, the proposed system is …

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 …

Rights And Irresponsibility, Linda C. Mcclain

Duke Law Journal

No abstract provided.

Are Women Worth As Much As Men?: Employment Inequities, Gender Roles, And Public Policy, Kathryn Branch

Duke Journal of Gender Law & Policy

Gender inequities in employment are apparent in many different contexts and have numerous components. The most quantifiable measure is a comparison between the relative earnings of men and women. A related measure is the distribution by gender across occupational lines and the average relative salaries of jobs that tend to be predominantly occupied by workers of one gender. All available statistics show that men earn significantly more than women. 1 This remains true no matter what year the figures are from, or whether they are weighted according to age, labor force status, or educational attainment. 2 If financial compensation for …

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.

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 …

Responsibility And Excuse In Medicine And Law: A Utilitarian Perspective, Seymour L. Halleck

Law and Contemporary Problems

No abstract provided.

Causal Judgment In Attributive And Explanatory Contexts, W. H. Dray

Law and Contemporary Problems

No abstract provided.

Bibliography On Responsibility, Kate Pecarovich

Law and Contemporary Problems

No abstract provided.

Causation, Economists, And The Dinosaur: A Response To Professor Dray, Jerome M. Culp

Law and Contemporary Problems

No abstract provided.

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 …