Law Commons^™

International Conflict Of Laws And The New Conflict Of Laws Restatement, Donald Earl Childress Iii

Duke Journal of Comparative & International Law

No abstract provided.

Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum

Duke Journal of Comparative & International Law

No abstract provided.

Children Crossing Borders: Internationalizing The Restatement Of The Conflict Of Laws, Louise Ellen Teitz

Duke Journal of Comparative & International Law

No abstract provided.

Internationalizing The New Conflict Of Laws Restatement, Ralf Michaels, Christopher A. Whytock

Duke Journal of Comparative & International Law

No abstract provided.

Damned Lies & Criminal Sentencing Using Evidence-Based Tools, John Lightbourne

Duke Law & Technology Review

The boom of big data and predictive analytics has revolutionized business. eHarmony matches customers based on shared likes and expectations for romance, and Target uses similar methods to strategically push its products on shoppers. Courts and Departments of Corrections have also sought to employ similar tools. However, the use of data analytics in sentencing raises a host of constitutional concerns. In State v. Loomis, the Wisconsin Supreme Court was faced with whether the use of an actuarial risk assessment tool based on a proprietary formula violates a defendant’s right to due process where the defendant could not review how the …

Gendering The Second Amendment, Jennifer Carlson, Kristin A. Goss

Law and Contemporary Problems

No abstract provided.

Keynote: The Second Generation Of Second Amendment Law & Policy, Chris Murphy

Law and Contemporary Problems

No abstract provided.

The Licensing Function Of Patent Intermediaries, John E. Dubiansky

Duke Law & Technology Review

The contemporary patent marketplace is a complex ecosystem comprised of innovators and manufacturers who are often connected by a varied group of intermediaries. While there are a variety of intermediary business models—such as patent assertion entities and defensive aggregators—each facilitates a variant of a similar licensing transaction, connecting a set of patents held by a patent owner with a product or service offered by a prospective licensee. One explanation for the prevalence of intermediaries is that they engage in practices tantamount to arbitrage, acquiring patents and then licensing them at a profit because they enjoy greater success in patent litigation …

Implementation And Effectiveness Of Connecticut’S Risk-Based Gun Removal Law: Does It Prevent Suicides?, Jeffrey W. Swanson, Michael A. Norko, Hsiu-Ju Lin, Kelly Alanis-Hirsch, Linda K. Frisman, Madelon V. Baranoski, Michele M. Easter, Allison G. Robertson, Marvin S. Swartz, Richard J. Bonnie

Law and Contemporary Problems

No abstract provided.

Justifying Perceptions In First And Second Amendment Doctrine, Eric M. Ruben

Law and Contemporary Problems

No abstract provided.

Self-Defense, Defense Of Others, And The State, Darrell A. H. Miller

Law and Contemporary Problems

No abstract provided.

Administering Suspect Classes, Bertrall L. Ross Ii

Duke Law Journal

It has been over forty years since the Supreme Court declared a class suspect under the Equal Protection Clause. In that time, the Court has denied suspect-class status—and the special judicial protections associated with it—to the elderly, the disabled, and the poor, and it has avoided suspect-class determinations when addressing laws that discriminate against members of the LGBTQ community. Administrative agencies, however, have stepped in to provide marginalized groups with some protections through their interpretation of civil rights laws. The Court has shown hostility to those agency interpretations, often in opaque decisions that seem to rest on principles of judicial …

Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin A. Collins

Duke Law Journal

This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …

Journal Staff

Duke Law Journal

No abstract provided.

Preface: The Second Generation Of Second Amendment Law & Policy, Eric M. Ruben, Darrell A. H. Miller

Law and Contemporary Problems

No abstract provided.

The Right To Keep And Carry Arms In Anglo-American Law: Preserving Liberty And Keeping The Peace, Saul Cornell

Law and Contemporary Problems

No abstract provided.

Gun Law History In The United States And Second Amendment Rights, Robert J. Spitzer

Law and Contemporary Problems

No abstract provided.

3d-Printed Firearms, Do-It-Yourself Guns, & The Second Amendment, James B. Jacobs, Alex Haberman

Law and Contemporary Problems

No abstract provided.

Lawful Gun Carriers (Police And Armed Citizens): License, Escalation, And Race, Nicholas J. Johnson

Law and Contemporary Problems

No abstract provided.

Postscript: Some Observations About Guns And Sovereignty, Sanford Levinson

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Seeking Rights, Not Rent: How Litigation Finance Can Help Break Music Copyright's Precedent Gridlock, Glenn E. Chappell

Duke Law & Technology Review

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or summary judgment in order to vindicate their legal rights, even when they have strong cases. Thus, parties settle almost every case, which in turn prevents resolution of longstanding precedential questions in critical areas of copyright law. The legal uncertainty resulting …

On Dollars And Deference: Agencies, Spending, And Economic Rights, Mila Sohoni

Duke Law Journal

Agencies can change society not just by prescribing conduct, but also by spending money. The Obama administration gave us two powerful examples of this phenomenon. To secure widespread access to affordable health insurance and affordable higher education, the administration took actions that were not required by statutory text. These entitlements are built upon a scaffolding of aggressive agency statutory interpretations, not upon clear legislative commands.

This Article uses these two examples as case studies for evaluating the institutional competence of the executive branch to underwrite large-scale positive economic entitlements on the basis of ambiguous statutory authority. Such agency-initiated schemes may …

Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson

Duke Law Journal

At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new “inclusive regulation” can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.

An Administrative Right To Be Free From Sexual Violence? Title Ix Enforcement In Historical And Institutional Perspective, Karen M. Tani

Duke Law Journal

One of the most controversial administrative actions in recent years is the U.S. Department of Education’s campaign against sexual assault on college campuses. Using its authority under Title IX of the Education Amendments of 1972 (mandating nondiscrimination on the basis of sex in all educational programs and activities receiving federal funds), the Department’s Office for Civil Rights (OCR) has launched an enforcement effort that critics denounce as aggressive, manipulative, and corrosive of individual liberties. Missing from the commentary is a historically informed understanding of why this administrative campaign unfolded as it did. This Article offers crucial context by reminding readers …

Increasing Copyright Protection For Social Media Users By Expanding Social Media Platforms' Rights, Ryan Wichtowski

Duke Law & Technology Review

Social media platforms allow users to share their creative works with the world. Users take great advantage of this functionality, as Facebook, Instagram, Flickr, Snapchat, and WhatsApp users alone uploaded 1.8 billion photos per day in 2014. Under the terms of service and terms of use agreements of most U.S. based social media platforms, users retain ownership of this content, since they only grant social media platforms nonexclusive licenses to their content. While nonexclusive licenses protect users vis-à-vis the social media platforms, these licenses preclude social media platforms from bringing copyright infringement claims on behalf of their users against infringers …

Law Firm Cybersecurity: The State Of Preventative And Remedial Regulation Governing Data Breaches In The Legal Profession, Madelyn Tarr

Duke Law & Technology Review

With the looming threat of the next hacking scandal, data protection efforts in law firms are becoming increasingly crucial in maintaining client confidentiality. This paper addresses ethical and legal issues arising with data storage and privacy in law firms. The American Bar Association’s Model Rules present an ethical standard for cybersecurity measures, which many states have adopted and interpreted. Other than state legislation mandating timely disclosure after a data breach, few legal standards govern law firm data breaches. As technology advances rapidly, the law must address preventative and remedial measures more effectively to protect clients from data breaches caused by …

The Anchorage, Alaska Municipal Pretrial Diversion Program: An Initial Assessment, Cory R. Lepage, Jeff D. May

Alaska Law Review

Pretrial diversion programs have the potential to prevent future criminal behavior through intervention and community based services. This may be particularly true for specific populations of offenders such as those with mental illness, substance abuse disorder, and those with co-occuring disorders. Pretrial diversion programs take low-level offenders out of the jail population, both reducing system overpopulation and costs of incarceration. The programs also provide speedy case processing for minor crimes resulting in savings to the court system and personnel. Pretrial diversion can help an offender avoid a criminal conviction and potentially avoid future criminal violations. Results indicate that most Anchorage …

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Resurrecting Retrogression: Will Section 2 Of The Voting Rights Act Revive Preclearance Nationwide?, Noel H. Johnson

Duke Journal of Constitutional Law & Public Policy

No abstract provided.