Law Commons^™

Food For Thought: Intellectual Property Protection For Recipes And Food Designs, Kurt M. Saunders, Valerie Flugge

Duke Law & Technology Review

As any chef will tell you, cooking and food preparation is a creative, sometimes innovative, endeavor. Much thought and time is invested in selecting ingredients, developing the process for preparing the dish, and designing an interesting or appealing look and feel for a food item. If this is true, then it should come as no surprise that recipes, food designs, and other culinary creations can be protected by various forms of intellectual property, namely: trade secrets, design and utility patents, trade dress, but usually not copyright. This article considers how intellectual property law has been applied to protect recipes and …

Volume 105, Number 3 (Fall/Winter 2021-22)

Judicature

No abstract provided.

Implementing Ecosystem-Based Management, Brian Gray, Jennifer Harder, Karrigan Bork

Duke Environmental Law & Policy Forum

Most freshwater ecosystems in the United States are in a state of collapse. Existing management efforts take a piecemeal approach, addressing individual stressors, managing the systems for individual benefits, and protecting individual species. These disjointed efforts are doomed to fail. Both the legal literature and the scientific literature are rich with articles extolling the advantages of ecosystem-based management; that is, simultaneous management of water, land, and organisms to achieve a desired ecosystem condition benefiting both native biodiversity and human well-being. This approach has succeeded in other aquatic systems, particularly marine ecosystems, but the ecosystem-based management approach has struggled for adoption …

Nondisclosure Agreements And The Unlikely Convergence Of Sexual Harassment And Fracking Toxic Tort Claims, Sean Lonnquist

Duke Environmental Law & Policy Forum

No abstract provided.

Note: Modernizing Conservationism: Renewable Energy's Species-Preserving Effect And The Endangered Species Act, Chase Hamilton

Duke Environmental Law & Policy Forum

Environmental policymakers face a dilemma, for the construction and operation of renewable energy facilities mitigates ecologically destructive climate change in the long term but often adversely affects species in the short term. This paper provides empirical, legal, and normative resources for analyzing what I call "species clash." In most cases, renewable energy is much more helpful than harmful when it comes to preventing species extinctions, but the Endangered Species Act paradoxically poses a barrier to such species-preserving projects. Framing the benefits of renewable energy in terms of species conservation may not only help secure speedy and cost-efficient compliance with the …

The (Human) Rights Of Nature: A Comparative Study Of Emerging Legal Rights For Rivers And Lakes In The United States Of America And Mexico, Elizabeth Macpherson

Duke Environmental Law & Policy Forum

An international consensus of scientific experts is now demanding "immediate action" in response to the environmental, climate, and biodiversity crises. But are our legal and regulatory frameworks equipped to respond to the rapid pace of environmental degradation, biodiversity loss and climate change? What incidence is there, transnationally, of laws that seek to protect the Earth from the humans that inhabit it? In the past few decades, there is a growing social, legal, and political movement towards more ecocentric regulation of the planet, where new laws and institutions seek to protect natural resources for their own intrinsic value. In this paper, …

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Volume 105, Number 2 (Summer 2021)

Judicature

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Francis Mcgovern: The Consummate Facilitator, Teacher, And Scholar, Elizabeth Cabraser, Robert Klonoff

Law and Contemporary Problems

No abstract provided.

Francis Mcgovern: A Personal Remembrance, Vaughn R. Walker

Law and Contemporary Problems

No abstract provided.

Many Minds, Many Mdl Judges, Brian T. Fitzpatrick

Law and Contemporary Problems

No abstract provided.

A Legend In His Own Time, And A Fixer For Mass Tort Litigation, Richard Marcus

Law and Contemporary Problems

No abstract provided.

Foreword, David M. Bernick, David F. Levi, Christopher A. Seeger

Law and Contemporary Problems

No abstract provided.

Francis Mcgovern: Special Master Par Excellence, Dan Polster

Law and Contemporary Problems

No abstract provided.

A Hub-And-Spoke Model Of Multidistrict Litigation, D. Theodore Rave, Francis E. Mcgovern

Law and Contemporary Problems

No abstract provided.

In Defense Of Private Claims Resolution Facilities, Lynn A. Baker, Charles Silver

Law and Contemporary Problems

No abstract provided.

Class Certification In The U.S. Courts Of Appeals: A Longitudinal Study, Stephen B. Burbank, Sean Farhang

Law and Contemporary Problems

No abstract provided.

Mdl Drano: Rule 23-Based Solutions To Mass Tort Buildup, Myriam Gilles, Gary Friedman

Law and Contemporary Problems

No abstract provided.

Improving Our Understanding Of Mass Claims Evolution, Management, And Resolution: A Research Agenda In Honor Of Francis Mcgovern, Deborah R. Hensler

Law and Contemporary Problems

No abstract provided.

Rule 23 And The Triumph Of Experience, Samuel Issacharoff

Law and Contemporary Problems

No abstract provided.

Internal And External Governance In Complex Litigation, Troy A. Mckenzie

Law and Contemporary Problems

No abstract provided.

Mature Aggregation And Angst: Reframing Complex Litigation By Echoing Francis Mcgovern's Early Insights Into Remedial Innovation, Judith Resnik

Law and Contemporary Problems

No abstract provided.

Federalism In The Algorithmic Age, Chad Squitieri

Duke Law & Technology Review

No abstract provided.

Re: Proportionality And Its Applicability In The Realm Of Cyber-Attacks, Nabil Mikhail

Duke Journal of Comparative & International Law

No abstract provided.

The Emperor's Old Bonds, Mike Chen, Charlie Fendrych, Andres Paciuc

Duke Journal of Comparative & International Law

Recent news articles have suggested that Trump's trade war may finally provide relief to American holders of defaulted, pre-1950s Chinese bonds. Here, we examine the hurdles set before these bondholders, namely establishing jurisdiction over the People’s Republic of China as a sovereign and the long-lapsed statute of limitations. We also evaluate the Chinese government’s possible recourse.

Our investigation yielded key takeaways. First, to establish jurisdiction in the U.S., the bond must be denominated in U.S. Dollars or state a place of performance within the country. Second, to overcome the long-expired statute of limitations and win an equitable remedy, it must …

Foreign Political Interference In The Governance Of Listed Companies: A Market And Behavioral Analysis, Christopher Chen, Lauren Yu-Hsin Lin

Duke Journal of Comparative & International Law

This Article examines how regulators and a company's stakeholders can and should respond to external political interference from a foreign government. This Article argues that the interactions created by different stakeholders influence the market's response to such interference. This Article uses the "Party building" political movement in China to illustrate how Chinese businesses listed in Hong Kong reacted to interference from the Chinese Communist Party (CCP). The Party building is the CCP’s attempt to strengthen its control of listed companies by: having CCP organization’s in a company (organizational interference), controlling management decisions (management interference), and controlling human resources (human resources …

Comparing Impeachment Regimes, John Ohnesorge

Duke Journal of Comparative & International Law

Impeachment, whether of presidents, judges, or other government officials, is increasingly common in political systems around the world, most importantly in presidential systems, where it can be used to remove heads of state who otherwise serve fixed terms. Despite this existence of a common and important legal tool in many jurisdictions, comparative scholarship on impeachment is rare, especially by legal scholars. This article responds to that scarcity by offering a methodological approach upon which future comparative impeachment scholarship can draw. The approach addresses many of the legal and political issues that impeachment raises, and incorporates insights from both law and …

Investor-State Arbitrators' Duties To Non-Parties, Perry S. Bechky

Duke Journal of Comparative & International Law

The notion that arbitrators owe duties to the parties in investor-state disputes is familiar. This article explores less-trodden terrain. It argues that, notwithstanding the party-centric norms of arbitration, investment arbitrators also owe duties to non-parties. It begins by establishing a beachhead – a clear example of a duty to a non-party, as a proof of concept – before moving into rougher territory. The article catalogs and surveys various duties owed to non-parties, discussing the nature of these duties and how they are enforced. Finally, the article shows that recognizing duties to non-parties both informs a proper understanding of the investment …

The Human Rights Obligations Of The Holy See Under The Convention On The Rights Of The Child, William Thomas Worster

Duke Journal of Comparative & International Law

This article analyzes how human rights obligations apply to the Holy See, focusing on the Convention on the Rights of the Child (CRC) as the case study. The Holy See is the sovereign of a state and yet it is also a unique nonstate actor in international law. Unlike other non-state actors, it has international legal personality, controls territory, and is party to several human rights treaties. At the same time, the Holy See is also a religious institution whose governance of a church is not subject to international law. This unusual arrangement challenges the application of human rights treaties …