Law Commons^™

Is The Internet Over?! (Again?), James Boyle

Duke Law & Technology Review

No abstract provided.

Barlow's Legacy, Cory Doctorow

Duke Law & Technology Review

No abstract provided.

A Political Economy Of Utopia?, Yochai Benkler

Duke Law & Technology Review

No abstract provided.

Imaginary Bottles, Jessica Litman

Duke Law & Technology Review

No abstract provided.

The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto

Duke Law & Technology Review

No abstract provided.

A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson

Duke Law & Technology Review

No abstract provided.

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.

John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain

Duke Law & Technology Review

No abstract provided.

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.

What Didn’T Happen: An Essay In Speculation, Peter Jaszi

Duke Law & Technology Review

No abstract provided.

Volume 103, Number 2 (Summer 2019)

Judicature

No abstract provided.

Owning Marijuana, John G. Sprankling

Duke Journal of Constitutional Law & Public Policy

Legal marijuana is the fastest-growing industry in the United States. It is premised on the assumption that marijuana ownership will be protected by law. But can marijuana be owned? This Article is the first scholarship to explore the issue.

Federal law classifies marijuana as contraband per se in which property rights cannot exist. Yet the Article demonstrates that marijuana can now be owned under the law of most states, even though no state statutes or decisions expressly address the issue. This conflict presents a fundamental question of federalism: Can property rights exist under state law if they are forbidden by …

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Triumph Of The Southern Man: Dowell, Shelby County, And The Jurisprudence Of Justice Lewis F. Powell, Jr., Earl M. Maltz

Duke Journal of Constitutional Law & Public Policy

The year 2018 has witnessed widespread celebrations of the life and legacy of Dr. Martin Luther King, Jr., who was assassinated fifty years ago in Memphis, Tennessee. Yet if Dr. King were alive today, he would no doubt be dismayed by the path taken by the Supreme Court’s treatment of race-related issues in recent years. Not only has the Court abandoned the quest for school desegregation, but the 2013 decision in Shelby County v. Holder substantially reduced the effectiveness of the Voting Rights Act of 1965, which was the most important legislative monument to Dr. King’s efforts.

By contrast, these …

The New White Flight, Erika K. Wilson

Duke Journal of Constitutional Law & Public Policy

White charter school enclaves—defined as charter schools located in school districts that are thirty percent or less white, but that enroll a student body that is fifty percent or greater white— are emerging across the country. The emergence of white charter school enclaves is the result of a sobering and ugly truth: when given a choice, white parents as a collective tend to choose racially segregated, predominately white schools. Empirical research supports this claim. Empirical research also demonstrates that white parents as a collective will make that choice even when presented with the option of a more racially diverse school …

The Role Of Dissents In The Formation Of Precedent, Nina Varsava

Duke Journal of Constitutional Law & Public Policy

I argue that dissenting opinions play an important role in the formation of precedent in the context of plurality decisions. Courts typically treat plurality cases as precedential. However, procedures for interpreting and following plurality decisions vary considerably across courts and judges, producing major inconsistencies in the adjudication of cases that are ostensibly governed by the same law. I suggest that, when a majority of judges agrees on legal principle, that principle should have binding effect, even if the judges in principled agreement disagree on result or case outcome. I explain why some courts and most commentators have categorically excluded dissents …

States Of Resistance, Frédéric Gilles Sourgens

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The U.S. Supreme Court’S Personal Jurisdiction Paradigm Shift To End Litigation Tourism, Philip S. Goldberg, Christopher E. Appel, Victor E. Schwartz

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Note From The Editor

Alaska Law Review

No abstract provided.

“Actual” And “Constructive” Possession In Alaska: Clarifying The Doctrine, Chad Flanders

Alaska Law Review

In two cases, one recent and one now nearly a decade old, Judge David Mannheimer has raised important questions about Alaska’s jury instruction on “possession.” In particular, Judge Mannheimer has expressed a worry that Alaska’s definition of “constructive possession” invites juries to find possession where the defendant is only near an object and has knowledge of its presence. As Judge Mannheimer correctly points out, such a definition is too expansive. But how can we avoid this problem?

My short article takes Judge Mannheimer’s opinions in Alex v. State and Dirks v. State as the starting point for an investigation of …

Pathway To Permanency: Enact A State Statute Formally Recognizing Indian Custodianship As An Approved Path To Ending A Child In Need Of Aid Case, Courtney Lewis

Alaska Law Review

Alaska has a disproportionate number of Alaska Native youth in foster care, and an overburdened and understaffed state child welfare agency. This Article argues that Alaska should enact a state statute to provide clear guidance to state child welfare practitioners and state courts that Alaska’s state government recognizes an Indian custodianship created through Tribal law or custom as a pathway for Indian children to exit the overburdened state foster care system. Alaska’s state government has progressed from initially refusing to recognize Tribal family law to recognizing a Tribal adoption as a pathway for an Indian child to exit the state …

Protecting Passenger Fees: Reawakening Congress’S Tonnage Clause Authorization Powers, Bradley Russian

Alaska Law Review

For 20 years, the City of Juneau has collected passenger fees from cruise lines that enter its port. These fees are assessed based on the number of passengers that arrive on each cruise vessel, and amount to $8.00 per passenger. On December 6, 2018, in Cruise Lines International Association Alaska v. The City and Borough of Juneau , the U.S. District Court of Alaska held that Juneau’s use of the passenger fees violates the U.S. Constitution’s Tonnage Clause. Rather than appeal the decision, the City of Juneau subsequently settled the litigation with the cruise lines. This Note will examine Juneau’s …

Hunt V. Kenai Peninsula Borough: The Search For Clarity In Legislative Prayer Speaker Selection, Charles Truslow, Craig Jones

Alaska Law Review

In 2016, three residents of the Kenai Peninsula Borough were prevented from delivering an invocation at a Borough Assembly meeting because they were neither borough chaplains nor members of a qualifying religious association. These three residents sued the borough, claiming that the Borough Assembly’s speaker selection policy violated the Alaska Constitution’s Establishment Clause. The superior court ruled for the plaintiffs, holding that the selection policy constituted a step towards the establishment of a state religion. Applying Supreme Court precedent, the superior court reached the correct result. However, the limited amount of federal precedent on the principles guiding speaker selection policies …

Journal Staff

Alaska Law Review

No abstract provided.

League Of Conservation Voters V. Trump: A Potential Blueprint To Challenging Environmental Policy Rollbacks, Nick Buchta, Quentin Jorgensen

Alaska Law Review

This Comment examines the recently rejected motion to dismiss in League of Conservation Voters v. Trump and its potential to serve as a roadmap for environmental organizations seeking to challenge regulatory rollbacks by the Trump administration. In 2017, President Donald Trump issued an executive order reversing the designation of 128 million acres of ocean as protected from oil and gas leasing. The League of Conservation Voters, along with other environmental activists, sued to enjoin the rollback, and administration officials subsequently filed a motion to dismiss. This Comment focuses on the issue of Article III standing in the case, wherein the …

Caught Between Superpowers:Alaska’S Economic Relationship With China Amidst The New Cold War, Sam Karson

Alaska Law Review

In recent years, Alaska has developed an increasingly robust economic relationship with China. China is the largest foreign buyer of Alaskan goods and China continues to invest in Alaska and promote Alaskan tourism. Meanwhile, the U.S. federal government’s relationship with China has deteriorated over concerns that China poses a danger to U.S. national security. As the U.S. federal government continues to scrutinize Chinese investment and trade with the United States, Alaska’s economic relationship with China increasingly hangs in the balance. Alaska’s relationship with China thus joins a long history of economic ties between states and foreign nations that pose conflicts …

Designated Hitters, Pinch Hitters, And Bat Boys: Judges Dealing With Judgment And Inexperience, Career Clerks Or Term Clerks, Donald W. Molloy

Law and Contemporary Problems

No abstract provided.

Black Robes, White Judges: The Lack Of Diversity On The Magistrate Judge Bench, Jennifer L. Thurston

Law and Contemporary Problems

No abstract provided.

Foreword: Converging Paths: Judges And Scholars, David F. Levi

Law and Contemporary Problems

No abstract provided.