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Full-Text Articles in Law
Regulation With Placebo Effects, Anup Malani
Regulation With Placebo Effects, Anup Malani
Duke Law Journal
A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …
The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt
The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt
Duke Environmental Law & Policy Forum
No abstract provided.
The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail
The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail
Law and Contemporary Problems
It has been claimed that cross-border business transactions are governed by a transnational body of norms specific to international trade, generally known as lex mercatoria, the law merchant. This legal phenomenon is in fact often described as the new lex mercatoria, as distinguished from the ancient law merchant, which purportedly flourished in medieval and early modern Europe. Here, Hatzimihail discusses about lex mercatoria, which has been variously described by its advocates as a set of general principles and customary rules spontaneously referred to or elaborated in the framework of international trade.
Cultural Conflicts, Annelise Riles
Cultural Conflicts, Annelise Riles
Law and Contemporary Problems
Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part …
The Interlegality Of Transnational Private Law, Robert Wai
The Interlegality Of Transnational Private Law, Robert Wai
Law and Contemporary Problems
No abstract provided.
Citizenship, Public And Private, Karen Knop
Citizenship, Public And Private, Karen Knop
Law and Contemporary Problems
Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …
Administrative Law As The New Federalism, Gillian E. Metzger
Administrative Law As The New Federalism, Gillian E. Metzger
Duke Law Journal
Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is increasingly focused on this relationship and is using administrative law to address federalism concerns even as it refuses to curb Congress's regulatory authority on constitutional grounds. This Article explores how administrative law may be becoming the new federalism and assesses how well-adapted administrative law is to performing this role. It argues that administrative law has important federalism-reinforcing features and represents a critical approach …
The Public-Private Distinction In The Conflict Of Laws, William S. Dodge
The Public-Private Distinction In The Conflict Of Laws, William S. Dodge
Duke Journal of Comparative & International Law
No abstract provided.
International Commercial Arbitration And International Courts, Mark L. Movsesian
International Commercial Arbitration And International Courts, Mark L. Movsesian
Duke Journal of Comparative & International Law
No abstract provided.
Naturalism In International Adjudication, J. Patrick Kelly
Naturalism In International Adjudication, J. Patrick Kelly
Duke Journal of Comparative & International Law
No abstract provided.
Institutions In The Marketplace Of Ideas, Joseph Blocher
Institutions In The Marketplace Of Ideas, Joseph Blocher
Duke Law Journal
If any area of constitutional law has been defined by a metaphor, the First Amendment is the area, and the "marketplace of ideas" is the metaphor. Ever since Justice Holmes invoked the concept in his Abrams dissent, academic and popular understandings of the First Amendment have embraced the notion that free speech, like the free market, creates a competitive environment in which the best ideas ultimately prevail. But as with the free market for goods and services, there are discontents who point to the market failures that make the marketplace metaphor aspirational at best, and inequitable at worst. Defenders of …
The Internationalization Of Public Interest Law, Scott L. Cummings
The Internationalization Of Public Interest Law, Scott L. Cummings
Duke Law Journal
This Article describes and explains the influence of global change on American public interest law over the past quarter-century. It suggests that contemporary public interest lawyers, unlike their civil rights-era predecessors, operate in a professional environment integrated into the global political economy in ways that have profound implications for whom they represent, where they advocate, and what sources of law they invoke. The Article provides a preliminary map of this professional environment by tracing the impact of three defining transnational processes on the development of the modem public interest law system: the increasing magnitude and changing composition of immigration, the …
Which States Have The Best (And Worst) High Courts?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Which States Have The Best (And Worst) High Courts?, Mitu Gulati, Stephen J. Choi, Eric A. Posner
Faculty Scholarship
This paper ranks the high courts of the fifty states, based on their performance during the years 1998-2000, along three dimensions: opinion quality (or influence as measured by out-of-state citations), independence (or non-partisanship), and productivity (opinions written). We also discuss ways of aggregating these measures. California and Delaware had the most influential courts; Georgia and Mississippi had the most productive courts; and Rhode Island and New York had the most independent courts. If equal weight is given to each measure, then the top five states were: California, Arkansas, North Dakota, Montana, and Ohio. We compare our approach and results with …