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Articles 1 - 30 of 224
Full-Text Articles in Law
Tribute To Judge Rabinowitz, Steve Williams
A Matter Of Expectations: Interpreting The Statutory Preemption Of Local Assistance To Federal Firearms Regulators, Thomas E. Castleton
A Matter Of Expectations: Interpreting The Statutory Preemption Of Local Assistance To Federal Firearms Regulators, Thomas E. Castleton
Alaska Law Review
No abstract provided.
Ravin Revisited: Do Alaskans Still Have A Constitutional Right To Possess Marijuana In The Privacy Of Their Homes?, Andrew S. Winters
Ravin Revisited: Do Alaskans Still Have A Constitutional Right To Possess Marijuana In The Privacy Of Their Homes?, Andrew S. Winters
Alaska Law Review
No abstract provided.
Blowing Hot And Cold On The Frozen Tundra: A Review Of Alaska’S Quasi-Estoppel Doctrine, Michael D. Moberly, Laura L. Farley
Blowing Hot And Cold On The Frozen Tundra: A Review Of Alaska’S Quasi-Estoppel Doctrine, Michael D. Moberly, Laura L. Farley
Alaska Law Review
No abstract provided.
Shifting Away From Rehabilitation: State V. Ladd’S Equal Protection Challenge To Alaska’S Automatic Waiver Law, Kimberly S. May
Shifting Away From Rehabilitation: State V. Ladd’S Equal Protection Challenge To Alaska’S Automatic Waiver Law, Kimberly S. May
Alaska Law Review
No abstract provided.
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
Duke Law Journal
Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …
Holmes And The Romantic Mind, Anne C. Dailey
Holmes And The Romantic Mind, Anne C. Dailey
Duke Law Journal
Oliver Wendell Holmes, Jr. is perhaps best known for his "tough-minded" jurisprudence based on objective standards of reasonableness. Scholars have traditionally understood Holmes's jurisprudential outlook as fundamentally behavioristic. Professor Dailey challenges that understanding, revealing the importance of Romantic psychology in Holmes's major writings. His outlook, she argues, was shaped by his belief in unconscious motivations, imagination, irrationality and instinctual drives. Rather than simply characterize Holmes as a "Romantic," Professor Dailey draws out the conflict in his thought, illuminating his struggle to develop an empirical approach to law that could also account for the depth and complexity of human nature.
The Justices Of Strategy, Frank B. Cross
Restrictions On Prisoners’ Religious Freedom As Unconstitutional Conditions Of Confinement: An Eighth Amendment Argument, Jeffrey Welty
Restrictions On Prisoners’ Religious Freedom As Unconstitutional Conditions Of Confinement: An Eighth Amendment Argument, Jeffrey Welty
Duke Law Journal
No abstract provided.
Tribute To Judge Rabinowitz, Andrew J. Kleinfeld
Tribute To Judge Rabinowitz, Andrew J. Kleinfeld
Alaska Law Review
No abstract provided.
Tribute To Judge Rabinowitz, Warren W. Matthews
Tribute To Judge Rabinowitz, Warren W. Matthews
Alaska Law Review
No abstract provided.
Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal
Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal
Alaska Law Review
No abstract provided.
Nonexclusive Patent Licensees Unite: Use Bankruptcy Committees To Sue For Patent Infringement, J. Michael Strickland
Nonexclusive Patent Licensees Unite: Use Bankruptcy Committees To Sue For Patent Infringement, J. Michael Strickland
Duke Law Journal
No abstract provided.
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Canon, Anti-Canon, And Judicial Dissent, Richard Primus
Duke Law Journal
No abstract provided.
Cracking The Code Of United States V. Virginia, David K. Bowsher
Cracking The Code Of United States V. Virginia, David K. Bowsher
Duke Law Journal
Mutability [of language] is so inescapable that it even holds true for artificial languages: Whoever creates a language controls it only so long as it is not in circulation; from the moment when it fulfils [sic] its mission and becomes the property of everyone, control is lost.(1).
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Duke Law Journal
Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
Can A California Litigant Prevail In An Action For Legal Malpractice Based On An Attorney’S Oral Argument Before The United States Supreme Court?, Krista M. Enns
Duke Law Journal
No abstract provided.
Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker
Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker
Law and Contemporary Problems
Steiker and Steiker discuss the ABA's resolutions regarding the execution of juveniles and persons with mental retardation. The strongest legal case for the ABA's position requires a more nuanced argument than the ABA has advanced.
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Law and Contemporary Problems
Gross discusses the incidence of erroneous convictions for capital murder, which are systematic consequences of the natuere of homicide prosection in general and capital prosecution in particular.
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller
Duke Journal of Comparative & International Law
No abstract provided.
The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink
The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink
Duke Journal of Comparative & International Law
No abstract provided.
China’S Intellectual Property Rights Protection Towards The 21st Century, Duan Ruichun
China’S Intellectual Property Rights Protection Towards The 21st Century, Duan Ruichun
Duke Journal of Comparative & International Law
No abstract provided.
The Conditions Of The Judicial And Administrative Protection Of Copyright In China, Wu Shulin
The Conditions Of The Judicial And Administrative Protection Of Copyright In China, Wu Shulin
Duke Journal of Comparative & International Law
No abstract provided.
Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan
Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan
Duke Journal of Comparative & International Law
No abstract provided.