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Articles 1 - 30 of 36
Full-Text Articles in Law
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Rules Versus Standards: An Economic Analysis, Louis Kaplow
Duke Law Journal
This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …
Intention, Interpretation, And Stories, Jane B. Baron
Intention, Interpretation, And Stories, Jane B. Baron
Duke Law Journal
No abstract provided.
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon
Duke Law Journal
No abstract provided.
Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa
Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa
Cornell Law Review
No abstract provided.
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Defining Illegal Insider Trading—Lessons From The European Community Directive On Insider Trading, Thomas Lee Hazen
Law and Contemporary Problems
The EC made a bold move towards defining precisely what conduct constitutes improper trading on nonpublic information with its Insider Trading Directive. The differences between the EC and US laws on insider trading are examined.
Ec Maritime Transport Policy And Regulation, Rosa Greaves
Ec Maritime Transport Policy And Regulation, Rosa Greaves
Duke Journal of Comparative & International Law
No abstract provided.
Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig
Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig
Duke Law Journal
No abstract provided.
Legitimacy Model For The Interpretation Of Plurality Decisions, Ken Kimura
Legitimacy Model For The Interpretation Of Plurality Decisions, Ken Kimura
Cornell Law Review
No abstract provided.
Claims By Non-State Groups In International Law, Benedict Kingsbury
Claims By Non-State Groups In International Law, Benedict Kingsbury
Cornell International Law Journal
No abstract provided.
Groups, Histories, And The International Law, Lea Brilmayer
Groups, Histories, And The International Law, Lea Brilmayer
Cornell International Law Journal
No abstract provided.
Family Law And Individual Responsibility , William Kristol
Family Law And Individual Responsibility , William Kristol
Cornell Law Review
No abstract provided.
Death Of Contract And The Rise Of Tort , Robert H. Bork
Death Of Contract And The Rise Of Tort , Robert H. Bork
Cornell Law Review
No abstract provided.
A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss
A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss
Alaska Law Review
No abstract provided.
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin
Duke Law Journal
No abstract provided.
Re-Inventing Rulemaking, E. Donald Elliott
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity
Duke Law Journal
No abstract provided.
The Rulemaking Continuum, Peter L. Strauss
Honey The Judge Says We’Re History: Abrogating The Marital Privileges Via Modern Doctrines Of Marital Worthiness , Steven N. Gofman
Honey The Judge Says We’Re History: Abrogating The Marital Privileges Via Modern Doctrines Of Marital Worthiness , Steven N. Gofman
Cornell Law Review
No abstract provided.
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Duke Law Journal
No abstract provided.
From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger
From The Soviet Committee Of Constitutional Supervision To The Russian Constitutional Court, Herbert Hausmaninger
Cornell International Law Journal
No abstract provided.
Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier
Environmental Considerations Of The Emerging United States-Mexico Free Trade Agreement, Michael Scott Feeley, Elizabeth Knier
Duke Journal of Comparative & International Law
No abstract provided.
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan
Duke Law Journal
No abstract provided.
Increased Judicial Scrutiny For The Administrative Crime , Mark D. Alexander
Increased Judicial Scrutiny For The Administrative Crime , Mark D. Alexander
Cornell Law Review
No abstract provided.
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Law Faculty Publications
This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle …
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Law and Contemporary Problems
Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Law and Contemporary Problems
Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.
Finance Lease Hell Or High Water Clause And Third Party Beneficiary Theory In Article 2a Of The Uniform Commercial Code , Peter Breslauer
Finance Lease Hell Or High Water Clause And Third Party Beneficiary Theory In Article 2a Of The Uniform Commercial Code , Peter Breslauer
Cornell Law Review
No abstract provided.
Persecution Based On Political Opinion: Interpretation Of The Refugee Act Of 1980, Gregory S. Porter
Persecution Based On Political Opinion: Interpretation Of The Refugee Act Of 1980, Gregory S. Porter
Cornell International Law Journal
No abstract provided.
Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter
Wetlands Classification: A Tool For Protection Or Abandonment?, Jan Goldman-Carter
Duke Environmental Law & Policy Forum
No abstract provided.
What’S Good For The Goose Is Good For The Gander: A Plea For Congress To Amend The National Environmental Policy Act To Apply To The Extraterritorial Actions Of The Federal Government, Michelle B. Nowlin
Duke Environmental Law & Policy Forum
No abstract provided.