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Articles 1831 - 1860 of 14433
Full-Text Articles in Law
The Tax Legislative Process: A Byrd’S Eye View, Ellen P. Aprill, Daniel J. Hemel
The Tax Legislative Process: A Byrd’S Eye View, Ellen P. Aprill, Daniel J. Hemel
Law and Contemporary Problems
No abstract provided.
Crafting Structural Tax Legislation In A Highly Polarized Congress, George K. Yin
Crafting Structural Tax Legislation In A Highly Polarized Congress, George K. Yin
Law and Contemporary Problems
No abstract provided.
Abolishing Death, Renee Knake
Abolishing Death, Renee Knake
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Comments On An Amendment To Repeal The Natural Born Citizen Clause, Darrell A. H. Miller
Comments On An Amendment To Repeal The Natural Born Citizen Clause, Darrell A. H. Miller
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Acknowledgments
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Amending The Law Of Constitutional Interpretation, Andrew Coan
Amending The Law Of Constitutional Interpretation, Andrew Coan
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Law And Morals Of Interpretation, Stephen E. Sachs
The Law And Morals Of Interpretation, Stephen E. Sachs
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The “Irish Born” One American Citizenship Amendment, Kevin C. Walsh
The “Irish Born” One American Citizenship Amendment, Kevin C. Walsh
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
The Divided Executive, Laurence Claus
The Divided Executive, Laurence Claus
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Against Amendments, Ernest A. Young
Against Amendments, Ernest A. Young
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
One Way Or Another The Death Penalty Will Be Abolished, But Only After The Public No Longer Has Confidence In Its Use, James E. Coleman
One Way Or Another The Death Penalty Will Be Abolished, But Only After The Public No Longer Has Confidence In Its Use, James E. Coleman
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Comment On Laurence Claus, The Divided Executive, Margaret H. Lemos
Comment On Laurence Claus, The Divided Executive, Margaret H. Lemos
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Amending The Amendment Procedures Of Article V, Jason Mazzone
Amending The Amendment Procedures Of Article V, Jason Mazzone
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Regulatory Horcruxes, Sarah E. Light
Regulatory Horcruxes, Sarah E. Light
Duke Law Journal
The regulator that designs and first implements a federal regulatory program does not always have the ability to control the timing and process of how that regulatory program will, in this Symposium’s language, “exit.” As the 2016 election has demonstrated, the initiating regulator cannot necessarily plan in advance for the program’s expiration, diminution, or scaling back. A successor instead wields this power. Whether one views this as a terrible thing or a salutary feature of democracy depends in part upon one’s relationship to the regulatory status quo, but also implicates broader questions about policy stability and democratic accountability. At the …
Presidential Exit, J.B. Ruhl, James Salzman
Constrained Regulatory Exit In Energy Law, Jim Rossi, Hannah J. Wiseman
Constrained Regulatory Exit In Energy Law, Jim Rossi, Hannah J. Wiseman
Duke Law Journal
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) broad “deregulatory” efforts, which commenced in the 1990s, might appear to be a case of paradigmatic regulatory exit as defined by J.B. Ruhl and Jim Salzman. But our case study of FERC’s restructuring of wholesale electricity markets reveals some important institutional features that make exit in federalism contexts, and under federal statutory duties, a rich and difficult problem. In the context of energy, exit from one regulatory sphere …
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
Duke Law Journal
No abstract provided.
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Duke Law Journal
Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement (NAFTA). This Article challenges that claim. If one accepts a presidential authority to terminate Article II treaties, this Article contends, there is no persuasive reason to conclude differently with respect to congressional-executive agreements. Congressional-executive agreements have become largely interchangeable with Article II treaties as a matter of domestic law and practice. For example, …
Big Brother Is Listening To You: Digital Eavesdropping In The Advertising Industry, Dacia Green
Big Brother Is Listening To You: Digital Eavesdropping In The Advertising Industry, Dacia Green
Duke Law & Technology Review
In the Digital Age, information is more accessible than ever. Unfortunately, that accessibility has come at the expense of privacy. Now, more and more personal information is in the hands of corporations and governments, for uses not known to the average consumer. Although these entities have long been able to keep tabs on individuals, with the advent of virtual assistants and “always-listening” technologies, the ease by which a third party may extract information from a consumer has only increased. The stark reality is that lawmakers have left the American public behind. While other countries have enacted consumer privacy protections, the …
Evaluating Judges And Judicial Institutions: Reorienting The Perspective, Mitu Gulati, David E. Klein, David F. Levi
Evaluating Judges And Judicial Institutions: Reorienting The Perspective, Mitu Gulati, David E. Klein, David F. Levi
Duke Law Journal Online
No abstract provided.
Justice And Judgment Among The Whomever: An Anthropological Approach To Judging, John Conley
Justice And Judgment Among The Whomever: An Anthropological Approach To Judging, John Conley
Duke Law Journal Online
No abstract provided.
Quantitative Legal History—Empirics And The Rule Of Law In The Antebellum Judiciary, Alfred L. Brophy
Quantitative Legal History—Empirics And The Rule Of Law In The Antebellum Judiciary, Alfred L. Brophy
Duke Law Journal Online
No abstract provided.
Evaluating Judges, Harris Hartz
Talking Judges, Jack Knight, Mitu Gulati
Talking Judges, Jack Knight, Mitu Gulati
Duke Law Journal Online
No abstract provided.
Diversity, Tenure, And Dissent, Joanna Shepherd
Diversity, Tenure, And Dissent, Joanna Shepherd
Duke Law Journal Online
No abstract provided.
Distinguishing Causal And Normative Questions In Empirical Studies Of Judging, Patrick S. Shin
Distinguishing Causal And Normative Questions In Empirical Studies Of Judging, Patrick S. Shin
Duke Law Journal Online
No abstract provided.