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Full-Text Articles in Law

Mom & Pop V. Dot-Com: A Disparity In Taxation Based On How You Shop?, Jaime Klima Dec 2002

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 Dec 2002

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 Dec 2002

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 Dec 2002

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 Dec 2002

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 Dec 2002

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 Dec 2002

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 Dec 2002

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 Dec 2002

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 …


Note From The Editor Dec 2002

Note From The Editor

Alaska Law Review

No abstract provided.


Is The Revised Uniform Arbitration Act A Good Fit For Alaska?, Carl H. Johnson, Pete D. A. Petersen Dec 2002

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. Dec 2002

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.


Journal Staff Dec 2002

Journal Staff

Alaska Law Review

No abstract provided.


Journal Staff Dec 2002

Journal Staff

Duke Law Journal

No abstract provided.


A Public Trust Argument For Public Access To Private Conservation Land, Sarah C. Smith Dec 2002

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 Dec 2002

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 Nov 2002

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 Nov 2002

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 Nov 2002

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 Nov 2002

On The Outside Seeking In: Must Intervenors Demonstrate Standing To Join A Lawsuit?, Juliet Johnson Karastelev

Duke Law Journal

No abstract provided.


Journal Staff Nov 2002

Journal Staff

Duke Law Journal

No abstract provided.


Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher Nov 2002

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 Nov 2002

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 Nov 2002

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 Oct 2002

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 Oct 2002

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 Oct 2002

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 Oct 2002

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 Oct 2002

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 Oct 2002

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.