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Articles 1 - 30 of 243
Full-Text Articles in Law
Attack Of The Clones: Legislative Approaches To Human Cloning In The United States, Adrienne N. Cash
Attack Of The Clones: Legislative Approaches To Human Cloning In The United States, Adrienne N. Cash
Duke Law & Technology Review
The legal concerns involving the application of cloning technology to humans should be of utmost concern, as the area is extremely complex. Cloning could potentially have great benefits or disastrous effects. Lawmakers have been careful to make certain that the legislation passed is comprehensive and useful for regulation of the ever-changing field of cloning. From debates on whether reproductive or therapeutic cloning should be permitted or banned, to concerns as to who has jurisdiction over cloning, the battle to develop cloning legislation has been difficult. However, this iBrief argues that the currently-proposed federal legislation is constitutional.
Pretrial Publicity, Presumed Prejudice, And Change Of Venue In Alaska: Public Opinion Surveys As A Tool To Measure The Impact Of Prejudicial Pretrial Publicity, Rich Curtner, Melissa Kassier
Pretrial Publicity, Presumed Prejudice, And Change Of Venue In Alaska: Public Opinion Surveys As A Tool To Measure The Impact Of Prejudicial Pretrial Publicity, Rich Curtner, Melissa Kassier
Alaska Law Review
No abstract provided.
The Alaska Health Care Decisions Act, Analyzed, Kenneth C. Kirk
The Alaska Health Care Decisions Act, Analyzed, Kenneth C. Kirk
Alaska Law Review
No abstract provided.
The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers Jr., J. B. Crosetto Iii, C. A. Holley, T. C. Kade, J. H. Kaufman, C. M. Kostelec, K. A. Michael, R. J. Sandberg, J. L. Schorr
The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers Jr., J. B. Crosetto Iii, C. A. Holley, T. C. Kade, J. H. Kaufman, C. M. Kostelec, K. A. Michael, R. J. Sandberg, J. L. Schorr
Alaska Law Review
No abstract provided.
Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger
Understanding The Unoriginal: Indeterminant Originalism And Independent Interpretation Of The Alaska Constitution, Michael Schwaiger
Alaska Law Review
No abstract provided.
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Title Vii Disparate Impact Suits Against State Governments After Hibbs And Lane, Claude Platton
Duke Law Journal
No abstract provided.
State Punishment And Private Prisons, Sharon Dolovich
State Punishment And Private Prisons, Sharon Dolovich
Duke Law Journal
To date, the debate over private prisons has focused largely on the relative efficiency of private prisons as compared to their publicly-run counterparts, and has assumed that, if private contractors can run the prisons for less money than the state without a drop in quality, then states should be willing to privatize. This "comparative efficiency" approach, however, has two significant problems. First, it is concerned exclusively with efficiency, despite the fact that the privatization of prisons arguably implicates more urgent values. Second, it accepts the current state of public prisons as an unproblematic baseline, thus failing to consider the possibility …
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman
Duke Law Journal
No abstract provided.
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Duke Law Journal
Employment, brokerage, and other contracts routinely include "predispute" arbitration clauses-provisions requiring the parties to submit any and all future disputes to arbitrators rather than courts. In recent years, courts have come to enforce these clauses in the vast run of cases, requiring parties to arbitrate even when the underlying dispute implicates employment discrimination, antitrust, or other "public law" rights. In response to this trend, interest has grown in the extent of courts' authority to overturn arbitral awards that do not give effect to such rights. At first blush, the Federal Arbitration Act (FAA) does not appear to authorize any such …
Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman
Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman
Faculty Scholarship
No abstract provided.
Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel
Targeting Osama Bin Laden: Examining The Legality Of Assassination As A Tool Of U.S. Foreign Policy, Howard A. Wachtel
Duke Law Journal
No abstract provided.
Coddling Spies: Why The Law Doesn’T Adequately Address Computer Spyware, Alan F. Blakley, Daniel B. Garrie, Matthew J. Armstrong
Coddling Spies: Why The Law Doesn’T Adequately Address Computer Spyware, Alan F. Blakley, Daniel B. Garrie, Matthew J. Armstrong
Duke Law & Technology Review
Consumers and businesses have attempted to use the common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic Communications and Transactional Records Act, and the Wiretap Act to address the expanding problem of spyware. Spyware, which consists of software applications inserted into another's computer to report a user's activity to an outsider, is as innocuous as tracking purchases or as sinister as stealing trade secrets or an individual's identity. Existing law does not address spyware adequately because authorization language, buried in "click-through" boilerplate, renders much of current law useless. …
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Appeal Waivers And The Future Of Sentencing Policy, Nancy J. King, Michael E. O'Neill
Duke Law Journal
This paper is the first empirical analysis of appeal waiversclauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from 971 randomly selected cases sentenced under the United States Sentencing Guidelines, the study's findings include (1) in nearly two-thirds of the cases settled by plea agreement, the defendants waived their rights to review; (2) the frequency of waiver varies substantially among the circuits, and among districts within circuits; (3) the government appears to provide some sentencing concessions more frequently to defendants who sign waivers than to …
Proportionality As A Principle Of Limited Government, Alice Ristroph
Proportionality As A Principle Of Limited Government, Alice Ristroph
Duke Law Journal
This Article examines proportionality as a constitutional limitation on the power to punish. In the criminal context, proportionality is often mischaracterized as a specifically penological theory-an ideal linked to specific accounts of the purpose of punishment. In fact, a constitutional proportionality requirement is better understood as an external limitation on the state's penal power that is independent of the goals of punishment. Proportionality limitations on the penal power arise not from the purposes of punishment, but from the fact that punishing is not the only purpose that the state must pursue. Other considerations, especially the protection of individual interests in …
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Duke Law Journal
No abstract provided.
Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates
Congressional Authority To Require State Adoption Of Independent Redistricting Commissions, Ryan P. Bates
Duke Law Journal
No abstract provided.
What Happens To A Dream Deferred?: Cleansing The Taint Of San Antonio Independent School District V. Rodriguez, Ian Millhiser
What Happens To A Dream Deferred?: Cleansing The Taint Of San Antonio Independent School District V. Rodriguez, Ian Millhiser
Duke Law Journal
No abstract provided.
Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin
Buggy Whips And Broadcast Flags: The Need For A New Politics Of Expression, Garrett Levin
Duke Law & Technology Review
In response to growing fears from the entertainment industry over online file-sharing of valuable content, the Federal Communications Commission ("FCC") enacted sweeping regulations over the production of electronic devices in the name of protecting digital television broadcasts. Although the FCC's "broadcast flag" regulation was struck down on jurisdictional grounds, Hollywood has not given up the push for strict control. If Hollywood successfully acquires broadcast flag protection there could be far-reaching implications for innovation and development of new digital technologies. While content providers have important reasons to protect copyrighted material, there is too much at stake to merely acquiesce to their …
When The Public Does Not Have A Right To Know: How The California Public Records Act Is Deterring Bioscience Research And Development, Nader Mousavi, Matthew J. Kleiman
When The Public Does Not Have A Right To Know: How The California Public Records Act Is Deterring Bioscience Research And Development, Nader Mousavi, Matthew J. Kleiman
Duke Law & Technology Review
Many bioscience firms collaborate with public research universities to conduct innovative research through sponsored research agreements. Companies sponsoring this research usually require strict confidentiality from their academic partners in order to protect sensitive information that, if revealed, could put them at a competitive disadvantage and threaten their ability to obtain future patents. Yet, ambiguous disclosure requirements in the California Public Records Act preclude California's public research universities from guaranteeing that proprietary information provided in connection with sponsored research agreements will remain confidential. Entering into such agreements with public universities in California is therefore a risky proposition for the sponsors. This …
Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope
Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope
Duke Law & Technology Review
In June 2005, the U.S. Supreme Court issued the decision in Metro-Goldwyn-Mayer Studios v. Grokster Ltd., a case that asked whether peer-to-peer networks may be held liable for facilitating the illegal distribution of music over the internet. The music industry petitioned the Supreme Court to settle the disagreement between the circuit courts over the standard of liability for aiding in copyright infringement. The case was based on a clash between the protection of technological innovation and the protection of artistic works. This iBrief examines the circuit split and the Grokster opinion and discusses the questions of liability left unresolved by …
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
The Rule Of (Administrative) Law In International Law, David Dyzenhaus
Law and Contemporary Problems
No abstract provided.
Global Private Governance: Lessons From A National Model Of Setting Standards In Accounting, Walter Mattli, Tim Buthe
Global Private Governance: Lessons From A National Model Of Setting Standards In Accounting, Walter Mattli, Tim Buthe
Law and Contemporary Problems
No abstract provided.
A Global Administrative Law Bibliography
A Global Administrative Law Bibliography
Law and Contemporary Problems
No abstract provided.
Transnational Mutual Recognition Regimes: Governance Without Global Government, Kalypso Nicolaidis, Gregory Shaffer
Transnational Mutual Recognition Regimes: Governance Without Global Government, Kalypso Nicolaidis, Gregory Shaffer
Law and Contemporary Problems
No abstract provided.
The Public Trust Doctrine, Parens Patriae, And The Attorney General As The Guardian Of The State’S Natural Resources, Allan Kanner
The Public Trust Doctrine, Parens Patriae, And The Attorney General As The Guardian Of The State’S Natural Resources, Allan Kanner
Duke Environmental Law & Policy Forum
No abstract provided.