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Full-Text Articles in Law

The Scope Of Volunteer Activity And Public Service, Eleanor Brown Oct 1999

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 Oct 1999

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 Oct 1999

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 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.


Canons Of Construction, Stare Decisis And Dependent Indian Communities: A Test Of Judicial Integrity, David M. Blurton Jun 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

“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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Apr 1999

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 Mar 1999

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 Mar 1999

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 Mar 1999

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 Mar 1999

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 Feb 1999

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 …