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Articles 1 - 30 of 181
Full-Text Articles in Law
Mom & Pop V. Dot-Com: A Disparity In Taxation Based On How You Shop?, Jaime Klima
Mom & Pop V. Dot-Com: A Disparity In Taxation Based On How You Shop?, Jaime Klima
Duke Law & Technology Review
With the extension of the Internet Tax Freedom Act, concern has resurfaced over whether and when shoppers will be forced to pay state sales taxes on purchases made over the Internet. In fact, consumers should be paying sales tax on all Internet purchases, though few actually do. This iBrief explores the current law on taxation of e-commerce purchases and argues that small modifications by state tax administrators will align the tax treatment of mom & pop stores and e-retailers.
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Duke Law & Technology Review
The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.
Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati
Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati
Duke Law & Technology Review
This iBrief discusses some of the social, ethical and legal considerations surrounding the use of unimplanted, in vitro embryos in stem cell research. It proposes that a new ethical standard be elucidated for these embryos. The iBrief gives an overview of two proposals for such a standard at opposite ends of the spectrum: treating the in vitro embryo as a legal person versus treating it as mere property. It argues against both approaches. The former can have undesirable social implications including undue interference with female reproductive autonomy, while the latter would objectify potential human life and reproductive potential. The iBrief …
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Duke Law & Technology Review
[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.
Bess V. Ulmer—The Supreme Court Stumbles And The Subsistence Amendment Falls, Senator Dave Donley, Douglas Baily, Mara Mallory, Ted Popely, Matthew Roskoski
Bess V. Ulmer—The Supreme Court Stumbles And The Subsistence Amendment Falls, Senator Dave Donley, Douglas Baily, Mara Mallory, Ted Popely, Matthew Roskoski
Alaska Law Review
No abstract provided.
Inadvertent Disclosure, The Attorney-Client Privilege, And Legal Ethics: An Examination And Suggestion For Alaska, Joshua K. Simko
Inadvertent Disclosure, The Attorney-Client Privilege, And Legal Ethics: An Examination And Suggestion For Alaska, Joshua K. Simko
Alaska Law Review
No abstract provided.
The Arctic National Wildlife Refuge, Correlative Rights, And Sourdough: Not Just For Bread Anymore, Robert W. Corbisier
The Arctic National Wildlife Refuge, Correlative Rights, And Sourdough: Not Just For Bread Anymore, Robert W. Corbisier
Alaska Law Review
No abstract provided.
The Juvenile Death Penalty And International Law, Curtis A. Bradley
The Juvenile Death Penalty And International Law, Curtis A. Bradley
Duke Law Journal
The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile …
Rational Custom, Edward T. Swaine
Rational Custom, Edward T. Swaine
Duke Law Journal
Customary international law is understood to require that state practices be followed from a sense of legal obligation, though international lawyers have long puzzled over how those obligations come into being. Recent work applying rational choice theory suggests, unsettlingly, that the entire inquiry is misconceived: practices commonly attributed to obligations are merely behavioral regularities that arise from intersecting state interests, and the role of legal obligations is minimal at best. This Article attempts to explain how the rational choice critique and traditional doctrine may be reconciled. Rational choice theory, it is argued, responds to a genuine problem in the existing …
Is The Revised Uniform Arbitration Act A Good Fit For Alaska?, Carl H. Johnson, Pete D. A. Petersen
Is The Revised Uniform Arbitration Act A Good Fit For Alaska?, Carl H. Johnson, Pete D. A. Petersen
Alaska Law Review
No abstract provided.
The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.
The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.
Alaska Law Review
No abstract provided.
A Public Trust Argument For Public Access To Private Conservation Land, Sarah C. Smith
A Public Trust Argument For Public Access To Private Conservation Land, Sarah C. Smith
Duke Law Journal
No abstract provided.
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Duke Law Journal
No abstract provided.
Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker
Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker
Duke Law & Technology Review
As best we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.
Music Piracy And The Audio Home Recording Act, Tia Hall
Music Piracy And The Audio Home Recording Act, Tia Hall
Duke Law & Technology Review
In spite of the guidance provided by the Audio Home Recording Act (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA.
Online Brokers And The Sec: Still Working Out The Glitches, Philip J. Bezanson
Online Brokers And The Sec: Still Working Out The Glitches, Philip J. Bezanson
Duke Law & Technology Review
Common sense dictates that some customers of an on-line brokerage service are bound to have some of the same difficulties in conducting business but that does not mean all customers or even many customers had the same problems. In addition, as to customers who may have had problems executing buy and/or sell orders, there are many variables regarding the circumstances and conditions for each customer's transaction. Variables such as, but not limited to, account status, time of order, i.e., time of day and day of the week, and the customer's computer modem capabilities and internet service provider. Plaintiffs fail to …
On The Outside Seeking In: Must Intervenors Demonstrate Standing To Join A Lawsuit?, Juliet Johnson Karastelev
On The Outside Seeking In: Must Intervenors Demonstrate Standing To Join A Lawsuit?, Juliet Johnson Karastelev
Duke Law Journal
No abstract provided.
Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher
Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher
Duke Law Journal
No abstract provided.
Executive Privilege Revived?: Secrecy And Conflict During The Bush Presidency, Mark J. Rozell
Executive Privilege Revived?: Secrecy And Conflict During The Bush Presidency, Mark J. Rozell
Duke Law Journal
No abstract provided.
Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore
Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore
Duke Law Journal
No abstract provided.
The Future Of Wireless Spam, Evan Cramer
The Future Of Wireless Spam, Evan Cramer
Duke Law & Technology Review
Though US cellular networks currently lack the capacity for widespread distribution of unsolicited wireless advertising (wireless spam), these advertisements are already well known in Japan and Europe, where they have proven to be a significant burden on cellular users. This iBrief examines the recently ratified legislation in Japan and Asia that have attempted to stop the glut of wireless advertisements, as a foreshadowing of the problems and questions that will soon have to be addressed in the United States.
Vigilantes V. Pirates: The Rumble Over Peer-To-Peer Technology Hits The House Floor, Christopher Fazekas
Vigilantes V. Pirates: The Rumble Over Peer-To-Peer Technology Hits The House Floor, Christopher Fazekas
Duke Law & Technology Review
Content providers are using the digital rights management technology contained in this product to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated... if you elect to download a license from the Internet which enables your use of Secure Content, Microsoft may, in conjunction with such license, also download onto your computer such security updates that a secure content owner has requested that Microsoft distribute.
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
Law and Contemporary Problems
Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.
Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst
Is The Health Care Revolution Finished? — A Foreword, Clark C. Havighurst
Law and Contemporary Problems
No abstract provided.
The Land Use Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke
The Land Use Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke
Duke Environmental Law & Policy Forum
No abstract provided.
Does Buckhannon Apply? An Analysis Of Judicial Application And Extension Of The Supreme Court Decision Eighteen Months After And Beyond, J. Douglas Klein
Does Buckhannon Apply? An Analysis Of Judicial Application And Extension Of The Supreme Court Decision Eighteen Months After And Beyond, J. Douglas Klein
Duke Environmental Law & Policy Forum
No abstract provided.