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Articles 1 - 30 of 37
Full-Text Articles in Law
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Duke Law Journal
No abstract provided.
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Duke Law Journal
No abstract provided.
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
Duke Law Journal
Regulation S provides U. S. issuers with an exemption from the registration requirements of the Securities Act of 1933 to the extent that securities are offered and sold solely outside the United States. Through resales back into the United States, however, U. S. investors may become exposed to unregistered securities initially distributed abroad through Regulation S. This Article identifies two distinct risks from an offshore securities offering. First, issuers may conduct an offering under Regulation S as a means to sell securities indirectly into the United States through resales in situations where the U. S. secondary market overvalues the issuer's …
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Duke Law Journal
This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of status. I argue that the states' experiment with deregulated education and the Supreme Court's understanding of the limitations imposed by the federal Equal Protection Clause on status-conscious state action are substantially in conflict, though not inevitably so. Reconciling state policy and federal constitutional law requires, first, that state legislatures draft laws that are consistent with the Court's skepticism of explicitly status-conscious state action, and its ambivalence toward state action that addresses …
Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler
Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler
Duke Law Journal
No abstract provided.
The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball
The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball
Duke Law Journal
No abstract provided.
The Power Of Congress Over The Rules Of Precedent, John Harrison
The Power Of Congress Over The Rules Of Precedent, John Harrison
Duke Law Journal
No abstract provided.
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Duke Law Journal
Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …
Equitable Self-Ownership For Animals, David Favre
Equitable Self-Ownership For Animals, David Favre
Duke Law Journal
This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. Such …
The Amended Gun-Free School Zones Act: Doubt As To Its Constitutionality Remains, Seth J. Safra
The Amended Gun-Free School Zones Act: Doubt As To Its Constitutionality Remains, Seth J. Safra
Duke Law Journal
No abstract provided.
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Duke Law Journal
Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …
Foreword To The First Volume (Reprinted), Robinson O. Everett
Foreword To The First Volume (Reprinted), Robinson O. Everett
Duke Law Journal
No abstract provided.
Interpreting “Place Of Public Accommodation” Under Title Iii Of The Ada: A Technical Determination With Potentially Broad Civil Rights Implications, Matthew A. Stowe
Interpreting “Place Of Public Accommodation” Under Title Iii Of The Ada: A Technical Determination With Potentially Broad Civil Rights Implications, Matthew A. Stowe
Duke Law Journal
No abstract provided.
Reconsidering The Sham Affidavit Doctrine, Collin J. Cox
Reconsidering The Sham Affidavit Doctrine, Collin J. Cox
Duke Law Journal
No abstract provided.
A Nondelegation Doctrine For The Digital Age?, James Boyle
A Nondelegation Doctrine For The Digital Age?, James Boyle
Duke Law Journal
No abstract provided.
Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende
Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende
Duke Law Journal
No abstract provided.
Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin
Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin
Duke Law Journal
The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace. This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U. S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and …
Foreword To The Fiftieth Volume, Robinson O. Everett
Foreword To The Fiftieth Volume, Robinson O. Everett
Duke Law Journal
No abstract provided.
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders
Duke Law Journal
In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)
Constitutional Crossroads: Reconciling The Twenty-First Amendment And The Commerce Clause To Evaluate State Regulation Of Interstate Commerce In Alcoholic Beverages, Duncan Baird Douglass
Constitutional Crossroads: Reconciling The Twenty-First Amendment And The Commerce Clause To Evaluate State Regulation Of Interstate Commerce In Alcoholic Beverages, Duncan Baird Douglass
Duke Law Journal
No abstract provided.
A Theory Of Legal Strategy, Lynn M. Lopucki, Walter O. Weyrauch
A Theory Of Legal Strategy, Lynn M. Lopucki, Walter O. Weyrauch
Duke Law Journal
By the conventional view, case outcomes are largely the product of courts' application of law to facts. Even when courts do not generate outcomes in this manner, prevailing legal theory casts them as the arbiters of those outcomes. In a competing "strategic" view, lawyers and parties construct legal outcomes in what amounts to a contest of skill. Though the latter view better explains the process, no theory has yet been propounded as to how lawyers can replace judges as arbiters. This article propounds such a theory. It classifies legal strategies into three types: those that require willing acceptance by judges, …
On Listening To The Kulturkampf, Or, How America Overruled Bowers V. Hardwick, Even Though Romer V. Evans Didn’T, Jay Michaelson
On Listening To The Kulturkampf, Or, How America Overruled Bowers V. Hardwick, Even Though Romer V. Evans Didn’T, Jay Michaelson
Duke Law Journal
No abstract provided.
Shades Of Brown: The Law Of Skin Color, Trina Jones
Shades Of Brown: The Law Of Skin Color, Trina Jones
Duke Law Journal
Because antidiscrimination efforts have focused primarily on race, courts have largely ignored discrimination within racial classifications on the basis of skin color. In this Article, Professor Jones brings light to this area by examining the historical and contemporary significance of skin color in the United States. She argues that discrimination based on skin color, or colorism, is a present reality and predicts that this form of discrimination will assume increasing significance in the future as current understandings of race and racial classifications disintegrate. She maintains that the legal system must develop a firm understanding of colorism in order for the …
Assessing The Practicality And Constitutionality Of Alaska’S Split-Recovery Punitive Damages Statute, Scott Dodson
Assessing The Practicality And Constitutionality Of Alaska’S Split-Recovery Punitive Damages Statute, Scott Dodson
Duke Law Journal
No abstract provided.
Establishing An Equal Playing Field For Criminal Defendants In The Aftermath Of United States V. Singleton, Korin K. Ewing
Establishing An Equal Playing Field For Criminal Defendants In The Aftermath Of United States V. Singleton, Korin K. Ewing
Duke Law Journal
No abstract provided.