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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
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
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
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.
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
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
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
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
Duke Journal of Comparative & International Law
No abstract provided.
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
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
“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
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
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
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
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
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
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
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.