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Articles 1 - 30 of 122
Full-Text Articles in Law
A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander
A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander
Alaska Law Review
No abstract provided.
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen
Duke Law Journal
No abstract provided.
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara
Duke Law Journal
No abstract provided.
A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher
A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher
Alaska Law Review
No abstract provided.
More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter
More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter
Alaska Law Review
No abstract provided.
Anchorage: Gaming Capital Of The Pacific Rim, A. Gregory Gibbs
Anchorage: Gaming Capital Of The Pacific Rim, A. Gregory Gibbs
Alaska Law Review
No abstract provided.
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
Duke Law Journal
Regulation S provides U. S. issuers with an exemption from the registration requirements of the Securities Act of 1933 to the extent that securities are offered and sold solely outside the United States. Through resales back into the United States, however, U. S. investors may become exposed to unregistered securities initially distributed abroad through Regulation S. This Article identifies two distinct risks from an offshore securities offering. First, issuers may conduct an offering under Regulation S as a means to sell securities indirectly into the United States through resales in situations where the U. S. secondary market overvalues the issuer's …
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin
Duke Law Journal
This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of status. I argue that the states' experiment with deregulated education and the Supreme Court's understanding of the limitations imposed by the federal Equal Protection Clause on status-conscious state action are substantially in conflict, though not inevitably so. Reconciling state policy and federal constitutional law requires, first, that state legislatures draft laws that are consistent with the Court's skepticism of explicitly status-conscious state action, and its ambivalence toward state action that addresses …
The Power Of Congress Over The Rules Of Precedent, John Harrison
The Power Of Congress Over The Rules Of Precedent, John Harrison
Duke Law Journal
No abstract provided.
Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler
Intangible Property Under The Federal Mail Fraud Statute And The Takings Clause: A Case Study, Michael J. Hostetler
Duke Law Journal
No abstract provided.
The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball
The Reemergence Of Enlightenment Ideas In The 1994 French Bioethics Debates, Nan T. Ball
Duke Law Journal
No abstract provided.
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson
Duke Law Journal
Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …
The Amended Gun-Free School Zones Act: Doubt As To Its Constitutionality Remains, Seth J. Safra
The Amended Gun-Free School Zones Act: Doubt As To Its Constitutionality Remains, Seth J. Safra
Duke Law Journal
No abstract provided.
Equitable Self-Ownership For Animals, David Favre
Equitable Self-Ownership For Animals, David Favre
Duke Law Journal
This Article proposes a new use of existing property law concepts to change the juristic personhood status of animals. Presently, animals are classified as personal property, which gives them no status or standing in the legal system for the protection or promotion of their interests. Professor Favre suggest that it is possible and appropriate to divide living property into its legal and equitable components, and then to transfer the equitable title of an animal from the legal title holder to the animal herself. This would create a new, limited form of self-ownership in an animal, an equitably self-owned animal. Such …
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Icann And The Problem Of Legitimacy, Jonathan Weinberg
Duke Law Journal
Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …
Foreword, Richard W. Bauman
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Law and Contemporary Problems
What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.
Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman
Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman
Law and Contemporary Problems
Schneiderman discusses whether constitutional rules in the state capitalist mode that redistribute property ownership more widely can survive the pressures generated by the neo-liberal model of constitutionalism. Schneiderman considers privatization programs that concern the divestiture of state assets, or denationalization through the sale of shares or assets to employees and employee associations.
Chinese Privatization: Between Plan And Market, Lan Cao
Chinese Privatization: Between Plan And Market, Lan Cao
Law and Contemporary Problems
Since 1978, when China adopted its open-door policy and allowed its economy to be exposed to the international market, it has produced an economy with one of the most rapid growth rates in the world. Cao examines the general framework and other related issues associated with the privatization debate of the Chinese economy.
Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz
Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz
Duke Environmental Law & Policy Forum
No abstract provided.
The New Face Of The Clean Water Act: A Critical Review Of The Epa’S New Tmdl Rules, James Boyd
The New Face Of The Clean Water Act: A Critical Review Of The Epa’S New Tmdl Rules, James Boyd
Duke Environmental Law & Policy Forum
No abstract provided.
Barriers And Incentives To The Adoption Of Iso 14001 By Firms In The United States, Magali A. Delmas
Barriers And Incentives To The Adoption Of Iso 14001 By Firms In The United States, Magali A. Delmas
Duke Environmental Law & Policy Forum
No abstract provided.
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina
Duke Environmental Law & Policy Forum
No abstract provided.
Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler
Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler
Law and Contemporary Problems
It is debated whether it is possible to liberalize markets successfully by means of introducing unrestrained competition only, or whether it is necessary to have regulators to supervise the opening of markets in adversarial administrative proceedings. Switzerland's problems and solutions in regards to the liberalization of its telecommunications industry are described.