Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 30 of 34
Full-Text Articles in Law
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.
Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester
Should We Kill The Dinosaurs Or Will They Die Of Natural Causes, Peter Brown, Lauren Mccollester
Cornell Journal of Law and Public Policy
No abstract provided.
Classical Republicanism And The Fifth Amendment’S “Public Use” Requirement, Nathan Alexander Sales
Classical Republicanism And The Fifth Amendment’S “Public Use” Requirement, Nathan Alexander Sales
Duke Law Journal
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.
Canons Of Construction, Stare Decisis And Dependent Indian Communities: A Test Of Judicial Integrity, David M. Blurton
Canons Of Construction, Stare Decisis And Dependent Indian Communities: A Test Of Judicial Integrity, David M. Blurton
Alaska Law Review
No abstract provided.
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Decline Of The “Little Parliament”: Juries And Jury Reform In England And Wales, Sally Lloyd-Bostock, Cheryl Thomas
Law and Contemporary Problems
Lloyd-Bostock and Thomas take a historical look at the English jury and place the jury and jury reform in the context of the English legal and political system.
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
Law and Contemporary Problems
Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff
Law and Contemporary Problems
Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.
The Civil Jury In America, Stephan Landsman
The Civil Jury In America, Stephan Landsman
Law and Contemporary Problems
Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.
Remoteness Doctrine: A Rational Limit On Tort Law, Victor E. Schwartz
Remoteness Doctrine: A Rational Limit On Tort Law, Victor E. Schwartz
Cornell Journal of Law and Public Policy
No abstract provided.
Third Wave Of Federal Tort Reform: Protecting The Public Or Pushing The Constitutional Envelope, Perry H. Apelbaum, Samara T. Ryder
Third Wave Of Federal Tort Reform: Protecting The Public Or Pushing The Constitutional Envelope, Perry H. Apelbaum, Samara T. Ryder
Cornell Journal of Law and Public Policy
No abstract provided.
Reflections On The Rule Of Law And Clear Reflection Of Income: What Constrains Discretion, Edward A. Morse
Reflections On The Rule Of Law And Clear Reflection Of Income: What Constrains Discretion, Edward A. Morse
Cornell Journal of Law and Public Policy
No abstract provided.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
An Introduction To The Impact Of Information Technology On National Security, Porter Goss
An Introduction To The Impact Of Information Technology On National Security, Porter Goss
Duke Journal of Comparative & International Law
No abstract provided.
Some Observations Along The Road To “National Information Power”, William Gravell
Some Observations Along The Road To “National Information Power”, William Gravell
Duke Journal of Comparative & International Law
No abstract provided.
Encryption’S Importance To Economic And Infrastructure Security, F. Lynn Mcnulty
Encryption’S Importance To Economic And Infrastructure Security, F. Lynn Mcnulty
Duke Journal of Comparative & International Law
No abstract provided.
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young
Law and Contemporary Problems
In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
Law and Contemporary Problems
Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.
Reviving The Criminal Jury In Japan, Lester W. Kiss
Reviving The Criminal Jury In Japan, Lester W. Kiss
Law and Contemporary Problems
Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey
The Emperor Has No Clothes: The Conundrum Of Sustainable Development, Michael Mccloskey
Duke Environmental Law & Policy Forum
No abstract provided.
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Duke Law Journal
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a raceconscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism values, …
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Europe’S New Jury Systems: The Cases Of Spain And Russia, Stephen C. Thaman
Law and Contemporary Problems
Thaman compares the provisions of the 1993 Russian Jury Law with the 1995 Spanish Jury Law, focusing on the effect of their implementation and reintroduction of the classic jury system on current problems.
Cooperation In International Bankruptcy: A Post-Universalist Approach , Lynn M. Lopucki
Cooperation In International Bankruptcy: A Post-Universalist Approach , Lynn M. Lopucki
Cornell Law Review
No abstract provided.
Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins
Semiotics, Analogical Legal Reasoning, And The Cf. Citation: Getting Our Signals Uncrossed, Ira P. Robbins
Duke Law Journal
The Bluebook's introductory citation signals are essential to effective legal discourse. The choice of signal can influence not only the interpretation of cited cases, but also the path of the law. In this Article, Professor Ira Robbins examines one commonly used signal: the cf. After exploring its semiotic function, he details the multitude of ways in which this signal has been used and misused. He argues that lawyers' and judges' careless use of the cf. leads to confusing and often incoherent developments in the law, and concludes by proposing a precise working definition for this irksome, but potentially powerful, citation …
Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics Freedom And Legal Suppression Of Spanish , Drucilla Cornell, William W. Bratton
Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics Freedom And Legal Suppression Of Spanish , Drucilla Cornell, William W. Bratton
Cornell Law Review
No abstract provided.
The Defense Of Necessity Considered From The Legal And Moral Points Of View, George C. Christie
The Defense Of Necessity Considered From The Legal And Moral Points Of View, George C. Christie
Duke Law Journal
Questions concerning the scope of the defense of necessity frequently arise in a variety of legal and philosophical discussions. Professor Christie grapples with the questions raised by this defense: When can property be taken or destroyed to save human life? Must compensation always be paid? Can one destroy the property of others to save one's own property? Can one kill an innocent person to save the lives of a greater number of people? Professor Christie submits that much of the discussion of these difficult questions is too abstract and based on too cursory a review of the few legal authorities …
The Case For Punitive Damages In Contracts, William S. Dodge
The Case For Punitive Damages In Contracts, William S. Dodge
Duke Law Journal
The majority of American jurisdictions do not allow punitive damages for breach of contract unless the breach constitutes an independent tort. Increasingly, courts and commentators have relied on the theory of "efficient breach" to explain the rule against punitive damages in contracts. In this Article, Professor Dodge argues that economic efficiency supports a different rule-one allowing punitive damages for any willful breach of contract. Willful breaches fall into two categories: those that are "opportunistic" and those that are "efficient." An "opportunistic" breach does not increase the size of the economic pie; the breaching party gains simply by capturing a larger …