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Articles 1 - 30 of 127
Full-Text Articles in Law
The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou
The Good, The Bad, And The Ugly: Drug Testing By Employers In Alaska, Mechelle Zarou
Alaska Law Review
No abstract provided.
The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan
The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan
Alaska Law Review
No abstract provided.
Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Duke Law Journal
Professor Atkinson hopes William Faulkner's Intruder in the Dust will replace Harper Lee's To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protege try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Pinch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself The first urges us to serve others …
Self-Settled Spendthrift Trusts And The Alaska Trust Act: Has Alaska Moved Offshore?, Jeremy M. Veit
Self-Settled Spendthrift Trusts And The Alaska Trust Act: Has Alaska Moved Offshore?, Jeremy M. Veit
Alaska Law Review
No abstract provided.
A Model For Alaska: Deregulation In The Far North, Inara K. Scott
A Model For Alaska: Deregulation In The Far North, Inara K. Scott
Alaska Law Review
No abstract provided.
The Vertical Separation Of Powers, Victoria Nourse
The Vertical Separation Of Powers, Victoria Nourse
Duke Law Journal
Standard understandings of the separation of powers begin with the concept of function. Professor Nourse argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the Article returns to proposals considered at the Constitutional Convention and considers difficult contemporary cases such as Morrison v. Olson, Clinton v. Jones, and the Supreme Court's more recent federalism decisions. In each instance, function appears to steer us wrong because it fails to understand separation of powers questions as ones of structural incentive and political …
How Permanent Became Temporary In Del Monte Dunes, Michael C. Levine
How Permanent Became Temporary In Del Monte Dunes, Michael C. Levine
Duke Law Journal
Regulatory takings are like car accidents. They fascinate us. We cannot help slowing down to look. What a disaster, we say to ourselves. We are so glad it did not happen to us. But we wonder if we could be next, We think about who is at fault, who should pay for the damages, and how it all could have been avoided in the first place And we question how the rules of the road could be improved so that such collisions in the future could be averted.
The International Criminal Court: Assessing The Jurisdictional Loopholes In The Rome Statute, Melissa K. Marler
The International Criminal Court: Assessing The Jurisdictional Loopholes In The Rome Statute, Melissa K. Marler
Duke Law Journal
No abstract provided.
Choice Or Commonality: Welfare And Schooling After The End Of Welfare As We Knew It, Martha Minow
Choice Or Commonality: Welfare And Schooling After The End Of Welfare As We Knew It, Martha Minow
Duke Law Journal
Reflecting market rhetoric but also potentially advancing spiritual and religious values, school voucher plans dominate current debates on education reform. These voucher plans would enable parents to use public dollars to select private schools, including parochial ones, for their children. Moreover, the recent federal welfare reform includes the "charitable choice" provision, which enables states to issue vouchers to individuals who can redeem them for services and aid from private, including religious, entities. In this Article, Professor Minow predicts that constitutional challenges to these plans under the religion clauses are likely to result in judicial approval of school vouchers and judicial …
Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli
Whose Who? The Case For A Kantian Right Of Publicity, Alice Haemmerli
Duke Law Journal
Rapidly developing technological opportunities for unauthorized uses of identity-from "virtual kidnapping" to digitalcasting-coincide with growing demand for a preemptive federal right of publicity that can replace the existing welter of inconsistent state laws. Progress is impeded, however, by intractable doctrinal confusion and academic hostility to the right as allegedly inimical to society's cultural need to manipulate celebrity images. Because the right of publicity is traditionally based on Lockean labor theory and analogized to intellectual property in created works, it is vulnerable to such attacks; to date, no serious attempt has been made to elaborate an alternative philosophical justification that can …
The Reasonable Government Official Test: A Proposal For The Treatment Of Factual Information Under The Federal Deliberative Process Privilege, Kirk D. Jensen
The Reasonable Government Official Test: A Proposal For The Treatment Of Factual Information Under The Federal Deliberative Process Privilege, Kirk D. Jensen
Duke Law Journal
No abstract provided.
The Scope Of Volunteer Activity And Public Service, Eleanor Brown
The Scope Of Volunteer Activity And Public Service, Eleanor Brown
Law and Contemporary Problems
Brown offers an overview of the scope of volunteering in the US, beginning with a definition of volunteers. She then considers the purposes to which volunteer labor is put, and examines some determinates of volunteering, paying particular attention to factors shaping the volunteer activities of the young and the old.
Community Service Programs In High Schools, Sally A. Raskoff, Richard A. Sundeen
Community Service Programs In High Schools, Sally A. Raskoff, Richard A. Sundeen
Law and Contemporary Problems
Raskoff and Sundeen examine youth socialization and civic participation through community service among high school students, with special focus on California. The look at high school community service programs --their practices, their collaborative relations with community organizations for which the students volunteer, and the perspectives of students regarding their participation in these school-sponsored programs.
Comment: Volunteering And Community Service, Steven Rathgeb Smith
Comment: Volunteering And Community Service, Steven Rathgeb Smith
Law and Contemporary Problems
No abstract provided.
Comment: On Defining And Measuring Volunteering In The United States And Abroad, Emmett D. Carson
Comment: On Defining And Measuring Volunteering In The United States And Abroad, Emmett D. Carson
Law and Contemporary Problems
No abstract provided.
Why “Amateurs”?, Charles T. Clotfelter
Why “Amateurs”?, Charles T. Clotfelter
Law and Contemporary Problems
No abstract provided.
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
Law and Contemporary Problems
Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.
Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra
Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra
Duke Journal of Comparative & International Law
No abstract provided.
Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North
Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North
Duke Environmental Law & Policy Forum
No abstract provided.
Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose
Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose
Duke Environmental Law & Policy Forum
No abstract provided.
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Grasping For The Heavens: 3-D Property Rights And The Global Commons, Bruce Yandle
Duke Environmental Law & Policy Forum
No abstract provided.
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Duke Environmental Law & Policy Forum
No abstract provided.
International Cooperation And The International Commons, Scott Barrett
International Cooperation And The International Commons, Scott Barrett
Duke Environmental Law & Policy Forum
No abstract provided.
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Duke Environmental Law & Policy Forum
No abstract provided.