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Articles 1021 - 1050 of 14433
Full-Text Articles in Law
Selective Justice: A Crisis Of Missing And Murdered Alaska Native Women, Megan Mallonee
Selective Justice: A Crisis Of Missing And Murdered Alaska Native Women, Megan Mallonee
Alaska Law Review
Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska Native women. This Note examines the roots of the crisis and calls for a holistic response that acknowledges the role of colonialism, Indigenous genocide, and governmental failures. While this Note focuses on the epidemic of violence against Alaska Native women in particular, it seeks to provide solutions that …
Alaska Native Corporation Endowment Models, Robert Snigaroff, Craig Richards
Alaska Native Corporation Endowment Models, Robert Snigaroff, Craig Richards
Alaska Law Review
New settlement trust provisions in the Tax Cuts and Jobs Act of 2017 have significant implications for Alaska Native Corporation (ANC) business longevity and the appropriateness of an operating business model given ANC goals as stated in their missions. The Alaska Native Claims Settlement Act (ANCSA) authorized the creation of for-profit corporations for the benefit of Alaska Native shareholders. But for Alaska Natives, cultural continuation was and continues to be a desired goal. Considering the typical life span of U.S. corporations and the inevitability of eventual failure, the for-profit corporate model is inconsistent with aspects of the ANC mission. Settlement …
Alaska's Tribal Trust Lands: A Forgotten History, Kyle E. Scherer
Alaska's Tribal Trust Lands: A Forgotten History, Kyle E. Scherer
Alaska Law Review
Since the enactment of the Alaska Native Claims Settlement Act in 1971, there has been significant debate over whether the Secretary of the Interior should accept land in trust for the benefit of federally recognized tribes in Alaska. A number of legal opinions have considered the issue and have reached starkly different conclusions. In 2017, the United States accepted in trust a small parcel of land in Craig, Alaska. This affirmative decision drew strong reactions from both sides of the argument. Notably absent from the conversation, however, was any mention or discussion of Alaska’s existing trust parcels. Hidden in plain …
Time's Up: A Call To Ban The Use Of Sex As An Investigatory Tactic In Alaska, Kate Goldberg
Time's Up: A Call To Ban The Use Of Sex As An Investigatory Tactic In Alaska, Kate Goldberg
Alaska Law Review
Sex workers in Alaska are facing sexual violence at the hands of the people whose job it is to protect them: the police. Astonishingly, it is legal in Alaska for undercover police officers to use sexual intercourse and other sexual contact as investigative tools. In 2017, House Bill 112 and Senate Bill 73 were introduced in the Alaska State Legislature to make it illegal for law enforcement officers to have any sexual contact with people under investigation. Upon resistance from the Anchorage Police Department, these bills stalled and were not re-introduced. This Note argues that the use of sex in …
Putting The Last Frontier To Work: In Defense Of Alaska Hire, Brendan Mcguire
Putting The Last Frontier To Work: In Defense Of Alaska Hire, Brendan Mcguire
Alaska Law Review
Since statehood, Alaska has had one of the worst unemployment rates in the nation. The state has long combated its joblessness epidemic with a suite of laws known as Alaska Hire, which imposes a resident hiring preference on public works projects in the state. This popular law has been in place in one form or another since the state’s first legislature passed an early version in 1960. Alaska Hire’s story changed when former Attorney General Kevin Clarkson wrote a memo to Governor Mike Dunleavy arguing that the law is unconstitutional under the federal Privileges and Immunities Clause and the Alaska …
The Air We All Breathe: Internet Bans In Probation Conditions— Dalton V. State, Kristen M. Renberg, Angela Sbano
The Air We All Breathe: Internet Bans In Probation Conditions— Dalton V. State, Kristen M. Renberg, Angela Sbano
Alaska Law Review
In today’s world, the Internet is synonymous with opportunity. Recently, the Supreme Court has even recognized a First Amendment right to access the Internet. However, it is still common practice to assign the special conditions of Internet bans or restrictions for individuals on parole or supervised release. Courts have split on how to strike a balance between the goal of deterrence and protection of an individual’s rights. The Court of Appeals of Alaska weighed into this ongoing debate in Dalton v. State, by holding that a restriction requiring prior approval from a parole officer before any and all Internet use …
Meaningless Or Mandatory?: Automatic Probation's Revival And The Rule Of Lenity's Fall In Chinuhuk V. State, Kate Goldberg, Macklin Willigan
Meaningless Or Mandatory?: Automatic Probation's Revival And The Rule Of Lenity's Fall In Chinuhuk V. State, Kate Goldberg, Macklin Willigan
Alaska Law Review
Alaska’s common-law probation system requires that the period of supervision imposed is accompanied by a suspended term of imprisonment. Violation of probation conditions may trigger this suspended term, sending the probationer to prison. Should the probationer complete the entire suspended sentence, he or she is then usually eligible for discharge from probation. In Chinuhuk v. State, the Alaska Supreme Court held that the state legislature had abrogated this traditional scheme with respect to felony sex offenders, replacing it with one that allowed probation to continue although the offenders had completed their suspended terms of imprisonment. This Comment argues that in …
Othering Across Borders, Steven Arrigg Koh
Othering Across Borders, Steven Arrigg Koh
Duke Law Journal Online
Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.
Tribal Lending After Gingras, Max King
Tribal Lending After Gingras, Max King
Duke Law & Technology Review
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are “an arm of the tribe” are immune from suit. Without comprehensive federal regulation, tribal sovereign immunity has served as a trump card at the pleading state for online payday lenders. The Note argues that change may be on the horizon. In the recent decision Gingras v. Think Finance, the Second Circuit held that the Supreme Court’s holding in Michigan v. Bay Mills Indian …
Look What You Made Her Do: How Swift, Streaming, And Social Media Can Increase Artists' Bargaining Power, Emily Tribulski
Look What You Made Her Do: How Swift, Streaming, And Social Media Can Increase Artists' Bargaining Power, Emily Tribulski
Duke Law & Technology Review
Music and technology have always been intertwined and recently the developments of streaming and social media have opened the door for artists to elevate their place in the music industry. The growth of social media engagement is undeniable and in 2016 streaming platforms led to the music industry’s first earnings increase in fifteen years, with double digit gains each year since—a change to the status quo that cannot be ignored. The technological moment provided by streaming and social media gives lesser-known artists, especially when they are backed by superstars, a unique opportunity to challenge traditionally label friendly record deals. These …
Probable Cause And Performing "For The People", Irene Oritseweyinmi Joe
Probable Cause And Performing "For The People", Irene Oritseweyinmi Joe
Duke Law Journal Online
The summer of 2020 presented the American public with two very different versions of how a state’s top prosecutor might respond to excessive use of force by law enforcement. In Kentucky, Attorney General Daniel Cameron was criticized for his conduct after stories emerged of his biased presentation to a grand jury contemplating whether officers should face criminal charges for killing an unarmed person, Breonna Taylor, in her own home. In Minnesota, Attorney General Keith Ellison proved to be less controversial as public sentiment emphasized his willingness to pursue the type of justice that the public demanded against all of the …
Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act, Arturo Nava
Brnovich V. Democratic National Committee: Examining Section 2 Of The Voting Rights Act, Arturo Nava
Duke Journal of Constitutional Law & Public Policy Sidebar
In Brnovich, the Court will determine whether Arizona’s out-of-precinct (OOP) policy and its ballot-collection law violate Section 2 of the VRA. The Ninth Circuit held that both voting provisions violate Section 2. The Supreme Court should affirm the Ninth Circuit’s decision, invoking the Section 2 Results Test adopted by multiple circuits, and find that a fact-specific inquiry should be preserved in assessing vote-denial claims. At a minimum, the Court should avoid establishing a bright-line rule as proposed by critics of the Section 2 Results Test. Such a rigid rule runs the risk of masking the nuances that the courts …
The Fourth Amendment Limits Of Facial Recognition At The Border, Emmanuel Abraham Perea Jimenez
The Fourth Amendment Limits Of Facial Recognition At The Border, Emmanuel Abraham Perea Jimenez
Duke Law Journal
On any given day, hundreds of thousands of people enter the United States through ports of entry along the Mexican and Canadian borders. At the same time, the Department of Homeland Security (“DHS”) seizes millions of dollars’ worth of contraband entering the United States annually. Under the border-search exception, border officials can perform routine, warrantless searches for this contraband, based on no suspicion of a crime, without violating the Fourth Amendment. But as DHS integrates modern technology into its enforcement efforts, the question becomes how these tools fit into the border-search doctrine. Facial recognition technology (“FRT”) is a prime example. …
Why Bartlett Is Not The End Of Aggregated Minority Group Claims Under The Voting Rights Act, Scotty Schenck
Why Bartlett Is Not The End Of Aggregated Minority Group Claims Under The Voting Rights Act, Scotty Schenck
Duke Law Journal
The 2020 election showed the importance of faith in the democratic system and the ability for citizens to cast a ballot for federal, state, and local races. After the election, state legislatures will be redrawing federal, state, and local electoral districts. Those new districts will affect the voting rights of nearly every American. This Note examines Section 2 of the Voting Rights Act of 1965, which has traditionally afforded minority group members the opportunity to challenge discriminatory electoral policies that thwart the ability “to participate in the political process and to elect representatives of their choice.” This is an important …
Jailhouse Immigration Screening, Eisha Jain
Jailhouse Immigration Screening, Eisha Jain
Duke Law Journal
Within the past decade, U.S. interior immigration enforcement has shifted away from the street and into the jailhouse. The rationale behind jailhouse screening is to target enforcement efforts on those who fall within federal removal priorities. This Article shows how a program undertaken with the stated aim of targeting immigration enforcement has had precisely the opposite effect: it has massively expanded the reach of immigration enforcement and created extended carceral treatment within the criminal justice system based on suspected immigration status. This approach, in turn, leads to removals that lack adequate process, are inaccurate, or that reflect underlying racial biases …
Regulation And The Geography Of Inequality, Ganesh Sitaraman, Morgan Ricks, Christopher Serkin
Regulation And The Geography Of Inequality, Ganesh Sitaraman, Morgan Ricks, Christopher Serkin
Duke Law Journal
We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places and those that are struggling has been increasing. “Superstar” cities like New York, San Francisco, Boston, and Atlanta continue to attract talent and grow, while the economies of other cities and rural areas are left behind. Troublingly, escalating geographic inequality in the United States has arrived hand in hand with serious economic, social, and political problems. Areas that are left behind have not only failed to keep up with their thriving peers; in many ways, they have stagnated and seen …
United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges, Albert Barkan
United States V. Arthrex Inc.: Clarifying Appointments Clause Requirements For Administrative Judges, Albert Barkan
Duke Journal of Constitutional Law & Public Policy Sidebar
Article II of the United States Constitution details the methods by which presidential subordinate officers must be appointed. Despite its presence in the Constitution’s original text, the Appointments Clause remains ambiguous. The Clause provides different appointment processes for principal and “inferior officers,” but does not distinguish between these officers’ functions. In United States v. Arthrex, Inc., the Supreme Court must clarify the relationship between an Executive officer’s responsibilities and their appointment process.
The Law Of Lenity: Enacting A Codified Federal Rule Of Lenity, Maisie A. Wilson
The Law Of Lenity: Enacting A Codified Federal Rule Of Lenity, Maisie A. Wilson
Duke Law Journal
The rule of lenity is an ancient canon of statutory construction that requires courts to find in favor of criminal defendants charged under ambiguous statutes. Traditionally, lenity endorses important constitutional concerns regarding due notice, consistent enforcement of law, and legislative supremacy. In modern courts, if lenity were regularly—and properly—applied, it could combat important social problems that plague our criminal justice system. Ambiguous laws allow government actors to arbitrarily target disfavored groups. And more generally, ambiguity within criminal law contributes to overcriminalization, wanton punishment, and capricious enforcement. As the volume of federal criminal law continues to expand, this overcriminalization leads to …
Scalpels Over Sledgehammers: Saving Diagnostic Patents Through Judicial Intervention Rather Than Legislative Override, Elaine H. Nguyen
Scalpels Over Sledgehammers: Saving Diagnostic Patents Through Judicial Intervention Rather Than Legislative Override, Elaine H. Nguyen
Duke Law Journal
Diagnostic tests have become indispensable in the rapidly growing field known as “precision medicine.” Precision medicine tailors treatments to individual patients by using these diagnostic tests to identify how a patient may respond to different therapies. Diagnostics are expensive to develop but show promise in optimizing patient treatment and creating healthcare savings. Even as the medical community has heralded precision medicine as the way of the future, the Supreme Court and Federal Circuit have handed down a dizzying array of decisions regarding attempts to patent diagnostics and precision medicine techniques. Subsequently, courts have struggled to apply the test for patent …
Follow-Up Enforcement, Andrew K. Jennings
Follow-Up Enforcement, Andrew K. Jennings
Duke Law Journal
Firms sometimes break the law. When they do, a host of government agencies have power to bring enforcement actions against them, which serve to punish past wrongs, compensate victims, disgorge unlawful gains, deter others, and prevent recidivism. Each of these purposes but one—preventing recidivism—is either met or not once the case reaches settlement. Whether recidivism will occur, however, remains uncertain at the time a case is settled. In light of that uncertainty, this Article takes a critical look at how enforcers currently address recidivism prevention—what it dubs the “clawback” approach—under which defendant firms receive penalty credit today in exchange for …
Guidelines And Best Practices For Implementing The 2015 Discovery Amendments Concerning Proportionality (Third Edition), Bolch Judicial Institute
Guidelines And Best Practices For Implementing The 2015 Discovery Amendments Concerning Proportionality (Third Edition), Bolch Judicial Institute
Bolch Judicial Institute Publications
This third edition of The Guidelines and Best Practices to Achieve Proportionality was developed following a proportionality conference in June 2019, at which practitioners and judges reviewed and discussed the results of several studies evaluating the 2015 amendments to the Rules of Civil Procedure. A small working group convened by the Bolch Judicial Institute at Duke Law School, led by Judge Paul Grimm and including practitioners David Kessler and Jennie Anderson, gathered these insights, revised the guidelines, issued them for public comment, and made further revisions in light of the comments. As with any group product of this nature, where …
The Agent’S Problem, Asaf Eckstein, Gideon Parchomovsky
The Agent’S Problem, Asaf Eckstein, Gideon Parchomovsky
Duke Law Journal
The agency problem, the idea that corporate directors and officers are motivated to prioritize their self-interest over the interest of their corporation, has had a long-lasting impact on corporate-law theory and practice. In recent years, however, as federal agencies have stepped up enforcement efforts against corporations, a new problem has surfaced: what we call the “reverse agency problem.” The surge in criminal investigations against corporations, combined with the rising popularity of settlement mechanisms, including pretrial diversion agreements and corporate plea agreements, has led corporations to sacrifice directors and officers in order to reach settlements with law enforcement authorities as expeditiously …
Why The Equal Rights Amendment Would Endanger Women’S Equality: Lessons From Colorblind Constitutionalism, Kim Forde-Mazrui
Why The Equal Rights Amendment Would Endanger Women’S Equality: Lessons From Colorblind Constitutionalism, Kim Forde-Mazrui
Duke Journal of Constitutional Law & Public Policy
The purpose of the Equal Rights Amendment (ERA) to those who drafted it and those who worked for nearly a century to see it ratified, is women’s equality. The ERA may be on the cusp of ratification depending on congressional action and potential litigation. Its supporters continue to believe the ERA would advance women’s equality. Their belief, however, may be gravely mistaken. The ERA would likely endanger women’s equality. The reason is that the ERA would likely prohibit government from acting “on account of sex” and, therefore, from acting on account of or in response to sex inequality. Put simply, …
A Comparative Study Of The Political Question Doctrine In The Context Of Political System Failures: The United States And The United Kingdom, Hayley N. Lawrence
A Comparative Study Of The Political Question Doctrine In The Context Of Political System Failures: The United States And The United Kingdom, Hayley N. Lawrence
Duke Journal of Constitutional Law & Public Policy
No abstract provided.