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Articles 1 - 18 of 18

Full-Text Articles in Law

The Alaska Marriage Amendment: The People’S Choice On The Last Frontier, Kevin G. Clarkson, David Orgon Coolidge, William C. Duncan Dec 1999

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.


Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra Oct 1999

Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra

Duke Journal of Comparative & International Law

No abstract provided.


Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell Oct 1999

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 Oct 1999

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 Oct 1999

Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor

Duke Environmental Law & Policy Forum

No abstract provided.


The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk Oct 1999

The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk

Duke Environmental Law & Policy Forum

No abstract provided.


New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos Oct 1999

New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos

Duke Journal of Comparative & International Law

No abstract provided.


Reason And Will: A Comment, George C. Christie Oct 1999

Reason And Will: A Comment, George C. Christie

Duke Journal of Comparative & International Law

No abstract provided.


Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard Oct 1999

Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard

Duke Journal of Comparative & International Law

No abstract provided.


Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole Oct 1999

Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole

Duke Environmental Law & Policy Forum

No abstract provided.


“A Derelict In The Stream Of The Law”: Overruling Baseball’S Antitrust Exemption, Morgen A. Sullivan Apr 1999

“A Derelict In The Stream Of The Law”: Overruling Baseball’S Antitrust Exemption, Morgen A. Sullivan

Duke Law Journal

No abstract provided.


Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout Apr 1999

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout

Duke Law Journal

No abstract provided.


Sovereignty And Suspicion, Erik G. Luna Feb 1999

Sovereignty And Suspicion, Erik G. Luna

Duke Law Journal

Most academics agree that search and seizure jurisprudence is a "mess." Professor Luna proposes a new approach to the Fourth Amendment founded on a sovereignty-based theory of the Constitution. Under this individual rights model, a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This presumption, he argues, could only be rebutted in three discrete circumstances: (1) consent by the individual to search his home or body; (2) individualized suspicion of wrongdoing; or (3) real, direct, and substantial threats to the sovereignty of other persons. Apart from these exceptions, governmental intrusions into the …


The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch Jan 1999

The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch

Law and Contemporary Problems

Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.


The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood Jan 1999

The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz Jan 1999

The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz

Law and Contemporary Problems

Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.


Can The Independent Counsel Statute Be Saved?, Katy J. Harriger Jan 1999

Can The Independent Counsel Statute Be Saved?, Katy J. Harriger

Law and Contemporary Problems

The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.


Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder Jan 1999

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.