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Series

2009

Duke Law

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Articles 1 - 30 of 171

Full-Text Articles in Law

Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman Dec 2009

Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander Dec 2009

A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman Dec 2009

The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar Nov 2009

Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine Nov 2009

Death Behind Bars: Examining Juvenile Life Without Parole In Sullivan V. Florida And Graham V. Florida, Lauren Fine

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake Nov 2009

Prioritizing Professional Responsibility And The Legal Profession: A Preview Of The United States Supreme Court’S 2009–2010 Term, Renee Newman Knake

Duke Journal of Constitutional Law & Public Policy Sidebar

This term, the Supreme Court is scheduled to hear ten cases on the role of attorneys and the practice of law. In doing so, the Court is departing from its normal practice of hearing two, or at most three, cases on professional responsibility. Prof. Renee Knake of Michigan State University College of Law reviews the professional responsibility cases on the Court's docket and examines how they could influence the practice of law.


Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen Jun 2009

Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen

Duke Law Student Papers Series

Art deaccessions prompt lawsuits against museums, and some commentators advocate using the stricter trust standard of care, instead of the prevailing corporate standard (business judgment rule), to evaluate the conduct of non‑profit museum boards. This Article explores the consequences of adopting the trust standard by applying it to previously unavailable deaccession policies of prominent art museums. It finds that so long as museum boards adhere to these policies, their decisions would satisfy the trust standard. This outcome illustrates an important limitation of fiduciary law: the trust standard evaluates procedural care but cannot assess deaccessions on their merits. Yet this limitation, …


The Year In Review 2008: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, And The United States Court Of Appeals For The Ninth Circuit Jun 2009

The Year In Review 2008: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.


The Demise Of The Voting Rights Act?: A Preview Of Northwest Austin Municipal District Number One V. Holder, Christopher F. Moriarty May 2009

The Demise Of The Voting Rights Act?: A Preview Of Northwest Austin Municipal District Number One V. Holder, Christopher F. Moriarty

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


The Search For Meaning In Republic Of Iraq V. Beaty, Jennifer Price May 2009

The Search For Meaning In Republic Of Iraq V. Beaty, Jennifer Price

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Preview Of Forest Grove School District V. T.A., E. Chaney Hall Apr 2009

Preview Of Forest Grove School District V. T.A., E. Chaney Hall

Duke Journal of Constitutional Law & Public Policy Sidebar

Should disabled children who do not get the individualized help they need at public schools be able to force their public schools to pay for them to attend private schools? The Supreme Court will grapple with that question during oral arguments on April 28 in Forest Grove School District v. T.A. In her preview of the case, E. Chaney Hall boils the case down to statutory interpretation of the Individuals with Disabilities Education Act. Hall points out that though 1997 amendments to the act narrowed students' ability to force public schools to pay private-school tuition, those amendments did not completely …


Ricci V. Destefano: “Fanning The Flames” Of Reverse Discrimination In Civil Service Selection, Lauren Klein Apr 2009

Ricci V. Destefano: “Fanning The Flames” Of Reverse Discrimination In Civil Service Selection, Lauren Klein

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Safford Unified School District No. 1 V. Redding: Balancing Students’ Rights Against The Governments Interest In Protecting The Educational Process, Chris Suedekum Apr 2009

Safford Unified School District No. 1 V. Redding: Balancing Students’ Rights Against The Governments Interest In Protecting The Educational Process, Chris Suedekum

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Guests At The Table?: Independent Directors In Family-Influenced Public Companies, Deborah A. Demott Apr 2009

Guests At The Table?: Independent Directors In Family-Influenced Public Companies, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Ashcroft V. Iqbal: The Question Of A Heightened Standard Of Pleading In Qualified Immunity Cases, Michelle Spiegel Apr 2009

Ashcroft V. Iqbal: The Question Of A Heightened Standard Of Pleading In Qualified Immunity Cases, Michelle Spiegel

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


United States V. Chambers: Noncustodial Escapes Do Not Always Constitute A Violent Crime For Purposes Of The Armed Career Criminal Act, Jin Woo Oh Apr 2009

United States V. Chambers: Noncustodial Escapes Do Not Always Constitute A Violent Crime For Purposes Of The Armed Career Criminal Act, Jin Woo Oh

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Gross V. Fbl Financial Services, Inc.: Determining The Evidentiary Requirements For Bringing A Non-Title Vii Mixed-Motive Case, Matthew Brod Apr 2009

Gross V. Fbl Financial Services, Inc.: Determining The Evidentiary Requirements For Bringing A Non-Title Vii Mixed-Motive Case, Matthew Brod

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Hillary: The Movie, Corporate Free Speech Or Campaign Finance Corruption?, Aaron Harmon Mar 2009

Hillary: The Movie, Corporate Free Speech Or Campaign Finance Corruption?, Aaron Harmon

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Caperton V. Massey: The Due Process Implications Of Contributions To Judicial Campaigns, Wade Kolb Iii Mar 2009

Caperton V. Massey: The Due Process Implications Of Contributions To Judicial Campaigns, Wade Kolb Iii

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Snyder V. Louisiana: Demand For Judicial Scrutiny Of The Use Of Peremptory Challenges, Jennifer Ross Mar 2009

Snyder V. Louisiana: Demand For Judicial Scrutiny Of The Use Of Peremptory Challenges, Jennifer Ross

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Regime Shifting In The International Intellectual Property System, Laurence R. Helfer Mar 2009

Regime Shifting In The International Intellectual Property System, Laurence R. Helfer

Faculty Scholarship

The international intellectual property system provides an important illustration of how regime complexity shapes domestic and international strategies of states and non-state actors. This article describes and graphically illustrates the multifaceted nature of the international intellectual property system. It then analyzes the consequences of regime complexity for international and domestic politics, emphasizing the strategy of regime shifting and its consequences for chessboard politics and the domestic implementation of international rules.


Montejo V. Louisiana: Affirmative Requests And The Sixth Amendment Right To Counsel, Jacob E. Warren Feb 2009

Montejo V. Louisiana: Affirmative Requests And The Sixth Amendment Right To Counsel, Jacob E. Warren

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Secondary Liability, Scheme Liability, And The Reliance Factor: The Supreme Court’S Ruling In Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc., Meredith French Feb 2009

Secondary Liability, Scheme Liability, And The Reliance Factor: The Supreme Court’S Ruling In Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc., Meredith French

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Abdul-Kabir V. Quarterman/Brewer V. Quarterman: A Court Divided Over What Constitutes “Clearly Established Federal Law”, Jarod R. Stewart Feb 2009

Abdul-Kabir V. Quarterman/Brewer V. Quarterman: A Court Divided Over What Constitutes “Clearly Established Federal Law”, Jarod R. Stewart

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae Feb 2009

Boumediene V. Bush: Another Chapter In The Court’S Jurisprudence On Civil Liberties At Guantanamo Bay, Amanda Mcrae

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka Feb 2009

Wyeth V. Levine: Examining The Doctrine Of Implied Preemption In State-Law Tort Claims, Allison Kostecka

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Harbison V. Bell, Sarah Rutledge Jan 2009

Harbison V. Bell, Sarah Rutledge

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


The Problems Of Self-Execution: Medellin V. Texas, Taryn Marks Jan 2009

The Problems Of Self-Execution: Medellin V. Texas, Taryn Marks

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Louisiana V. Kennedy, Caroline Stevenson Jan 2009

Louisiana V. Kennedy, Caroline Stevenson

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield Jan 2009

Melendez-Diaz V. Massachusetts: Laboratory Testing And The Confrontation Clause, David Mansfield

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.