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Articles 721 - 750 of 14431
Full-Text Articles in Law
Race In The United States: A View From Outer Space, Stephen W. Smith, Géraldine Faes-Smith
Race In The United States: A View From Outer Space, Stephen W. Smith, Géraldine Faes-Smith
Law and Contemporary Problems
No abstract provided.
Foreword: Two Americas, Doriane Lambelet Coleman
Foreword: Two Americas, Doriane Lambelet Coleman
Law and Contemporary Problems
No abstract provided.
Xenophobic Conspiracy Theories And The Long Roots Of January Sixth, H. Timothy Lovelace Jr.
Xenophobic Conspiracy Theories And The Long Roots Of January Sixth, H. Timothy Lovelace Jr.
Law and Contemporary Problems
No abstract provided.
Unified Criminal Justice Reform, Brandon L. Garrett
Unified Criminal Justice Reform, Brandon L. Garrett
Law and Contemporary Problems
No abstract provided.
Imagining The United States: Reflections From Constitutional Law, H. Jefferson Powell
Imagining The United States: Reflections From Constitutional Law, H. Jefferson Powell
Law and Contemporary Problems
No abstract provided.
Estoppel By Nonviolence, Darrell A.H. Miller
Estoppel By Nonviolence, Darrell A.H. Miller
Law and Contemporary Problems
No abstract provided.
The Two "Two Americas" Of Trump And Romney, Lawrence Zelenak
The Two "Two Americas" Of Trump And Romney, Lawrence Zelenak
Law and Contemporary Problems
No abstract provided.
Living In The Shadow Of American Racism, James E. Coleman Jr.
Living In The Shadow Of American Racism, James E. Coleman Jr.
Law and Contemporary Problems
No abstract provided.
Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt
Artificial Justice: The Quandary Of Ai In The Courtroom, Paul W. Grimm, Maura R. Grossman, Sabine Gless, Mireille Hildebrandt
Judicature International
No abstract provided.
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang
Duke Law & Technology Review
Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …
Space And Existential Risk: The Need For Global Coordination And Caution In Space Development, Chase Hamilton
Space And Existential Risk: The Need For Global Coordination And Caution In Space Development, Chase Hamilton
Duke Law & Technology Review
This Article examines urgent risks resulting from outer space activities under the current space law regime. Emerging literature alarmingly predicts that the risk of a catastrophe that ends the human species this century is approximately 10–25%. Continued space development may increase, rather than decrease, overall existential risk due in part to crucial and identifiable market failures. Addressing these shortcomings should take priority over the competing commercial, scientific, and geopolitical interests that currently dominate in space policy. Sensible changes, including shifting space into a closed-access commons as envisioned by the 1979 Moon Treaty, may help in achieving existential security.
Hon. Joel Toomey, Gerald B. Tjoflat
Hon. Joel Toomey, Gerald B. Tjoflat
Special Collections
A discussion with Judge Tjoflat regarding supervising the operation of the Southern District of Florida and districts generally; and building the current courthouse.
Rev. Canon Beth Tjoflat, Gerald B. Tjoflat
Rev. Canon Beth Tjoflat, Gerald B. Tjoflat
Special Collections
A discussion with Judge Tjoflat regarding his involvement with the Episcopal Church, especially in the Diocese of Florida
Dean Michael P. Scharf, Gerald B. Tjoflat
Dean Michael P. Scharf, Gerald B. Tjoflat
Special Collections
A discussion with Judge Tjoflat regarding his relationships with older judges, other prominent influencers, and his time as chief judge of the U.S. Court of Appeals for the Eleventh Circuit
Designing Constitutions For A Lasting Democracy, Donald L. Horowitz, Elisabeth Perham
Designing Constitutions For A Lasting Democracy, Donald L. Horowitz, Elisabeth Perham
Judicature International
No abstract provided.
A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan
A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan
Judicature International
No abstract provided.
Catchall Policing And The Fourth Amendment, Nirej Sekhon
Catchall Policing And The Fourth Amendment, Nirej Sekhon
Duke Law Journal Online
American police do a bit of everything. They direct traffic, resolve private disputes, help the sick and injured, and do animal control. Far less frequently than one might think, they make arrests. Americans reflexively call the police for troubles, big and small. The “catchall tradition” is shorthand for this melding of non-adversarial, public assistance with adversarial, crime-control functions. The catchall tradition means that civilians are exposed to the police’s coercive power as a condition of receiving police help. This Article contends that the catchall tradition is antithetical to constitutional police regulation. The Supreme Court has distinguished adversarial from non-adversarial state …
We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang
We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang
Duke Law Journal Online
No abstract provided.
Dueling Dictionaries And Clashing Corpora, Kevin Tobia
Dueling Dictionaries And Clashing Corpora, Kevin Tobia
Duke Law Journal Online
No abstract provided.
Rattlesnakes, Debt, And Arpa § 1005: The Existential Crisis Of American Black Farmers, Maia Foster, P. J. Austin
Rattlesnakes, Debt, And Arpa § 1005: The Existential Crisis Of American Black Farmers, Maia Foster, P. J. Austin
Duke Law Journal Online
No abstract provided.
How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen
How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen
Judicature International
No abstract provided.
Strangers In Their Own Land: A Survey Of The Status Of The Alaska Native People From The Russian Occupation Through The Turn Of The Twentieth Century, Jon W. Katchen, Nicholas Ostrovsky
Strangers In Their Own Land: A Survey Of The Status Of The Alaska Native People From The Russian Occupation Through The Turn Of The Twentieth Century, Jon W. Katchen, Nicholas Ostrovsky
Alaska Law Review
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving "Indian Tribe" entitlement to CARES Act relief funds. To better understand the reason uncertainty remains after more than 150 years since the purchase of Alaska from Russia, and more than sixty years after Alaska's statehood, we must look to the unique history of Alaska Natives. Starting in the mid-1700s, this Article surveys the laws …
Ancsa Corporation Proxy Wars, Aaron M. Schutt
Ancsa Corporation Proxy Wars, Aaron M. Schutt
Alaska Law Review
When Congress passed the Alaska Native Claims Settlement Act in 1971 (ANCSA), it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. The Act made governance of those corporations largely subject to Alaska state law, including the laws and regulations applicable to corporate elections. This Article reviews the legal history of the corporate proxy wars and related election issues that the ANCSA corporations and candidates for their boards of directors have waged over the past nearly fifty years in proxy complaints filed with the Alaska Division of Securities, and in state and …
Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham
Alaska's Lengthy Sentences Are Not The Answer To Sex Offenses, Margot Graham
Alaska Law Review
Individuals convicted of sex offenses in Alaska are serving extremely long sentences in prison. The Alaska legislature restricted the ability of those convicted of sex offenses to have their cases referred to three-judge panels for sentencing outside the presumptive sentencing range set by the legislature. The Alaska Supreme Court then held that different forms of sexual penetration are distinct and separate offenses, meaning that the associated charges cannot be merged and the sentences must run consecutively. Thus, Alaska has embraced lengthy sentences for sex offenses. Unfortunately, this punitive practice is doing little to protect Alaskan communities or rehabilitate the people …
It Takes A Village: Repurposing Takings Doctrine To Address Melting Permafrost In Alaska Native Towns, Sasha Kahn
It Takes A Village: Repurposing Takings Doctrine To Address Melting Permafrost In Alaska Native Towns, Sasha Kahn
Alaska Law Review
Dozens of Alaska Native villages face an existential crisis as Alaska's permafrost melts, causing soil erosion and instability. Adapting to these rapidly changing conditions is unworkable, so most villages will have to physically move to locations atop bedrock. The estimated costs for these moves are enormous, and not even the combination of available federal and state administrative resources can adequately cover them. One possible avenue for funding is a state inverse condemnation regulatory takings claim, which posits that state action has caused the property destruction in the villages. Alaska has a unique relationship to its oil extraction industry, which has …
The Plaintiff's Plight: Altering Alaska's Rule 82 To Better Compensate Plaintiffs, Matthew Naiman
The Plaintiff's Plight: Altering Alaska's Rule 82 To Better Compensate Plaintiffs, Matthew Naiman
Alaska Law Review
Alaska is unique among the fifty states in its use of a version of the English rule of attorneys' fees in civil cases. Alaska Rule of Civil Procedure 82, in combination with several other rules, effectuates a fee shift such that the losing party pays a portion of the winning party's attorneys' fees. Rule 82 has two fee schedules: one for monetary judgments and one for non-monetary judgments. The monetary judgment fee awards are based in part on the amount of the judgment, while the non-monetary judgment fee awards are based on the victorious party's actual, reasonable attorneys' fees. This …
Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale
Renewed Debate Over Alaska's Establishment Clause: Hunt V. Kenai Peninsula Borough And The Church Of The Flying Spaghetti Monster, Mary Beth Barksdale
Alaska Law Review
In 2019, a pastor of the Church of the Flying Spaghetti Monster, a "Pastafarian," raised concerns about the entanglement of Alaskan local government and religion. His commentary highlighted the need to take a fresh look at Alaska's establishment clause jurisprudence. While Hunt v. Kenai Peninsula Borough addressed legislative prayer, further questions remain open about the limits of public spending on religious institutions, the need to honor Alaska’s religious diversity, and the role of religion in everyday Alaskan government. While the Alaska jurisprudence has not changed much since the 1980s, the Pastafarians have demonstrated that establishment clause debates are alive and …