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Articles 1861 - 1890 of 14433
Full-Text Articles in Law
Investigating Judicial Responses To Rules, Emily Sherwin
Investigating Judicial Responses To Rules, Emily Sherwin
Duke Law Journal Online
No abstract provided.
Devising Rule Of Law Baselines: The Next Step In Quantitative Studies Of Judging, Brian Z. Tamanaha
Devising Rule Of Law Baselines: The Next Step In Quantitative Studies Of Judging, Brian Z. Tamanaha
Duke Law Journal Online
No abstract provided.
Online Terrorist Speech, Direct Government Regulation, And The Communications Decency Act, Steven Beale
Online Terrorist Speech, Direct Government Regulation, And The Communications Decency Act, Steven Beale
Duke Law & Technology Review
The Communications Decency Act (CDA) provides Internet platforms complete liability protection from user-generated content. This Article discusses the costs of this current legal framework and several potential solutions. It proposes three modifications to the CDA that would use a carrot and stick to incentivize companies to take a more active role in addressing some of the most blatant downsides of user-generated content on the Internet. Despite the modest nature of these proposed changes, they would have a significant impact.
Protecting Does And Outing Mobsters: Recalibrating Anonymity Standards In Revenge Porn Proceedings, Elizabeth Brown
Protecting Does And Outing Mobsters: Recalibrating Anonymity Standards In Revenge Porn Proceedings, Elizabeth Brown
Duke Journal of Gender Law & Policy
No abstract provided.
Ain’T I…?: The Dehumanizing Effect Of The Regulation Of Slave Womanhood And Family Life, Dacia Green
Ain’T I…?: The Dehumanizing Effect Of The Regulation Of Slave Womanhood And Family Life, Dacia Green
Duke Journal of Gender Law & Policy
No abstract provided.
Shooting For Equality: An Analysis Of The Market Force Defense As Applied To The U.S. Women’S Soccer Team’S Equal Pay Claim, Ali Jessani
Duke Journal of Gender Law & Policy
No abstract provided.
Examining The Trump Administration’S Transgender Service Ban Through An International Human Rights Law Framework, Matthew J. Lang
Examining The Trump Administration’S Transgender Service Ban Through An International Human Rights Law Framework, Matthew J. Lang
Duke Journal of Gender Law & Policy
No abstract provided.
Pregnancy In Confinement, Anti-Shackling Laws And The “Extraordinary Circumstances” Loophole, Chris Dinardo
Pregnancy In Confinement, Anti-Shackling Laws And The “Extraordinary Circumstances” Loophole, Chris Dinardo
Duke Journal of Gender Law & Policy
No abstract provided.
The Expansion Of International Franchise In The Late Nineteenth Century, Andrew Fitzmaurice
The Expansion Of International Franchise In The Late Nineteenth Century, Andrew Fitzmaurice
Duke Journal of Comparative & International Law
No abstract provided.
Sovereignty And Diamonds In Southern Africa, 1908-1920, Steven Press
Sovereignty And Diamonds In Southern Africa, 1908-1920, Steven Press
Duke Journal of Comparative & International Law
No abstract provided.
Making Nations Into Legal Persons Between Imperial And International Law: Scenes From A Central European History Of Group Rights, Natasha Wheatley
Making Nations Into Legal Persons Between Imperial And International Law: Scenes From A Central European History Of Group Rights, Natasha Wheatley
Duke Journal of Comparative & International Law
No abstract provided.
Letter From The Editor
Duke Journal of Comparative & International Law
No abstract provided.
Introduction To The Proceedings Of The Seminar On Corporations And International Law, Rachel Brewster, Philip J. Stern
Introduction To The Proceedings Of The Seminar On Corporations And International Law, Rachel Brewster, Philip J. Stern
Duke Journal of Comparative & International Law
No abstract provided.
The Internationalization Of Tobacco Tactics, Sergio Puig
The Internationalization Of Tobacco Tactics, Sergio Puig
Duke Journal of Comparative & International Law
Recently, public health advocates struck a blow against tobacco companies by barring them from bringing challenges under some international trade deals. In this Article, I explain why other governments should adopt similar tobacco “carve-outs.” Specifically, I argue that it is mainly the industry’s aggressive litigation tactics—not the hazardous nature of this consumer product—that justifies treating it in an exceptional manner for the purposes of international litigation. To illustrate my point, first, I explain the nature of the carve-out in relation to a topology of legal forms used to exclude policy areas, economic sectors, and particular industries from obligations stipulated in …
Law, Territory, And Sovereignty: Some Issues Raised By The Corporate Control Of Land, Joshua Barkan
Law, Territory, And Sovereignty: Some Issues Raised By The Corporate Control Of Land, Joshua Barkan
Duke Journal of Comparative & International Law
No abstract provided.
The Legal Logic Of Wars Of Conquest: Truces And Betrayal In The Early Modern World, Lauren Benton
The Legal Logic Of Wars Of Conquest: Truces And Betrayal In The Early Modern World, Lauren Benton
Duke Journal of Comparative & International Law
No abstract provided.
Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George
Duke Journal of Comparative & International Law
This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. Specifically, this article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector …
The 2017 Tax Act And Settlement Trusts, Bruce N. Edwards
The 2017 Tax Act And Settlement Trusts, Bruce N. Edwards
Alaska Law Review
By any measure, the enactment of the Alaska Native provisions of the 2017 Tax Act was an extraordinary achievement by the Alaska congressional delegation. Although the ANCSA Amendments Act of 1987 first permitted Alaska Native Corporations to establish “settlement trusts” to benefit their shareholders, relatively few settlement trusts have been established to date due to various obstacles posed by the Internal Revenue Code. The 2017 Tax Act removed a significant hurdle by permitting Alaska Native Corporations to claim a tax deduction for transfers to a settlement trust, thereby allowing such transfers to occur on a pre-tax basis rather than on …
“Sources Of Alaska Legal History: An Annotated Bibliography” By W. Clinton “Buck” Sterling, Samuel G. Gottstein
“Sources Of Alaska Legal History: An Annotated Bibliography” By W. Clinton “Buck” Sterling, Samuel G. Gottstein
Alaska Law Review
No abstract provided.
Fresh Eyes: Young V. State’S New Eyewitness Identification Test And Prospects For Alaska And Beyond, Savannah Hansen Best
Fresh Eyes: Young V. State’S New Eyewitness Identification Test And Prospects For Alaska And Beyond, Savannah Hansen Best
Alaska Law Review
This Note evaluates recent developments in Alaska’s eyewitness identification admissibility doctrine under the 2016 case Young v. Alaska. For the past four decades, federal and most state courts have relied on the Supreme Court’s 1977 ruling in Manson v. Brathwaite, which identified five admissibility factors—known as the “Biggers factors”—for establishing the reliability of eyewitness identifications made under the influence of unnecessarily suggestive police procedures (“systemic variables”). In recent decades, however, social and psychological science has demonstrated the flaws in the five Biggers factors as reliability indicators and the impact of non-suggestive circumstantial (or “estimator”) variables on eyewitness …
Breaking Barriers To Renewable Energy Production In The North American Arctic, Henrik Strand
Breaking Barriers To Renewable Energy Production In The North American Arctic, Henrik Strand
Alaska Law Review
As climate change continues to affect our lives, the communities at the northern extremes of our world have witnessed the changes most profoundly. In the Arctic, where climate change is melting permafrost and causing major shoreline erosion, remote communities in Alaska and northern Canada are particularly vulnerable. Furthermore, these communities have limited access to electrical grids and bear oppressive energy costs relying on diesel generators. While some communities have started to incorporate renewable energy into their hamlets and villages, progress has generally been limited with the notable exception of Canada’s Northwest Territories and some coastal communities in western Alaska. During …
Fintech And Secured Transactions Systems Of The Future, Charles W. Mooney Jr.
Fintech And Secured Transactions Systems Of The Future, Charles W. Mooney Jr.
Law and Contemporary Problems
No abstract provided.
Credit Creation: Reconciling Legal And Regulatory Incentives, Giuliano G. Castellano, Marek Dubovec
Credit Creation: Reconciling Legal And Regulatory Incentives, Giuliano G. Castellano, Marek Dubovec
Law and Contemporary Problems
No abstract provided.
Secured Transactions And Ip Licenses: Comparative Observations And Reform Suggestions, Andrea Tosato
Secured Transactions And Ip Licenses: Comparative Observations And Reform Suggestions, Andrea Tosato
Law and Contemporary Problems
No abstract provided.
Digital Technology-Based Solutions For Enhanced Effectiveness Of Secured Transactions Law: The Road To Perfection?, Teresa Rodríguez De Las Heras Ballell
Digital Technology-Based Solutions For Enhanced Effectiveness Of Secured Transactions Law: The Road To Perfection?, Teresa Rodríguez De Las Heras Ballell
Law and Contemporary Problems
No abstract provided.