Law Commons^™

The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy

Law and Contemporary Problems

No abstract provided.

How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler

Law and Contemporary Problems

No abstract provided.

The Duke Lacrosse Case And The Blogosphere, K. C. Johnson

Law and Contemporary Problems

No abstract provided.

Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Is It Safe To Drink The Water?, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.

Moonshine To Motorfuel: Tax Incentives For Fuel Ethanol, Roberta F. Mann, Mona L. Hymel

Duke Environmental Law & Policy Forum

No abstract provided.

United States V. Atlantic Research Corp.: Who Should Pay To Clean Up Inactive Hazardous Waste Sites?, Aaron Gershonowitz

Duke Environmental Law & Policy Forum

No abstract provided.

The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt

Duke Environmental Law & Policy Forum

No abstract provided.

“Political Questions”: An Invasive Species Infecting The Courts, Philip Weinberg

Duke Environmental Law & Policy Forum

No abstract provided.

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

International Coffee Regulation: A Comparison Of The International Coffee Organization And The Fair Trade Coffee Regimes, Scott B. Weese

Cardozo Public Law, Policy & Ethics Journal

The note examines the challenges in coffee farming due to oversupply and evaluates two regulatory attempts: the International Coffee Organization (ICO) and the Fairtrade Labelling Organization (FLO). While the ICO focuses on sustainability and the FLO on creating demand, both fail to address the root issue of overproduction. The note argues that these efforts are insufficient because they do not reduce supply, suggesting that market correction through producer exit is necessary.

Why America Still Needs Affirmative Action, Jonathan K. Stubbs

Law Faculty Publications

Affirmative action has gotten a bad rap.Many people think of affirmative action as race-based policies that favor unqualified persons because of the color of their skin. Resentments and misunderstandings flow from such perceptions in part because race remains America’s most inflammatory unfinished business.

To ignite a spirited, thoughtful discussion as well as practical action regarding affirmative action, this article briefly discusses what constitutes affirmative action; evaluates why affirmative action programs that consider race, gender, and class remain necessary; and offers some thoughts regarding when affirmative action should end.

The Effects Test: Extraterritoriality's Fifth Business, Austen Parrish

Vanderbilt Law Review

The world has recently seen a tremendous expansion in countries using extraterritorial laws'-laws that regulate the activities of foreigners outside a country's borders. In the United States, domestic laws now commonly regulate extraterritorial conduct and transnational litigation has blossomed. No longer limited to the antitrust and commercial contexts, courts apply all sorts of public and private laws to activity occurring abroad. Academics have encouraged the trend, finding the notion that law should be tied to territory to be an archaic remnant of a preglobalized world. In an age of globalization, the argument goes, law should find national and political borders …

Why The Filed Rate Doctrine Should Not Imply Blanket Judicial Deference To Regulatory Agencies, Jim Rossi

Vanderbilt Law School Faculty Publications

The filed rate doctrine is a venerable doctrine of public utility regulation. Federal courts applying the doctrine frequently defer to the regulatory agency and refuse to consider the merits of alleged violations of antitrust, tort or contract claims where resolution would require a departure from a filed rate. For over a century, the filed rate doctrine has served many important purposes. However, with increased attention to market-based approaches to electric power, natural gas and telecommunications regulation, there is reason to question both the doctrine's continued applicability and usefulness. This short essay argues that, as regulators implement competitive markets in utility …

The Economic Value Of Water Quality, W. Kip Viscusi, Joel Huber, Jason Bell

Vanderbilt Law School Faculty Publications

Stated preference values for water quality ratings based on the US Environmental Protection Agency National Water Quality Inventory ratings provide an operational basis for benefit assessment. Iterative choice survey results for a very large, nationally representative, Web-based panel imply an average valuation of $32 for each percent increase in lakes and rivers in the region for which water quality is rated “Good.” Valuations are skewed, with the mean value more than double the median. Sources of heterogeneity in benefit values include differences in responses to average water quality information and the base level of water quality. Conjoint estimates are somewhat …

Heightened Enablement In The Unpredictable Arts, Sean B. Seymore

Vanderbilt Law School Faculty Publications

A bedrock principle of patent law is that an applicant must sufficiently disclose the invention in exchange for the right to exclude. The essential facet of the disclosure requirement is enablement, which compels a patent applicant to enable a person having ordinary skill in the art (PHOSITA) how to make and use the full scope of the claimed invention without undue experimentation. Enablement problems may arise when the applicant claims an invention broadly with a dearth of supporting data or examples. This is problematic in unpredictable fields like chemistry because a PHOSITA often needs a specific and detailed teaching in …

Errors, Omissions, And The Tennessee Plan, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. The Tennessee Constitution requires all judges to be elected by the qualified voters of the state, yet, under the Plan, all appellate judges are initially selected by gubernatorial appointment and then retained in uncontested referenda. I argued that both the appointment and retention features of the Plan are unconstitutional, and I recommended that the legislature refuse to reauthorize the Plan when it expires in June …

Reforming Securities Litigation Reform: Restructuring The Relationship Between Public And Private Enforcement Of Rule 10b-5, Amanda A. Rose

Vanderbilt Law School Faculty Publications

Commentators have long debated how to reform the controversial Rule 10b-5 class action without pausing to ask whether the game is worth the candle. Is private enforcement of Rule lOb-5 worth preserving, or might we be better off with exclusive public enforcement? This fundamental but neglected question demands attention today more than ever. An academic consensus has emerged that the typical Rule 1Ob-5 class action cannot be defended on compensatory grounds. That leaves the oft-cited, but undertheorized, rationale that private enforcement is a "necessary supplement" to the securities fraud deterrence efforts of the SEC. When this justification is critically examined, …

Executive Branch Lawyers In A Time Of Terror: The 2008 F.W. Wickwire Memorial Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness of actions taken in the name of national security. To even talk about this subject assumes that there is some distinction between a government that does all within its power to protect its citizens, and one that does all within its lawful power. If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role of lawyers is to get out …

Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch

William & Mary Law Review

The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner's petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, we assess this provision's impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a "dialogue" (as described by Robert M. Cover and T. Alexander Aleinikoff in a …

Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy

William & Mary Law Review

No abstract provided.

Neighborhoods Healed Through Restorative Justice, Janine P. Geske, India Mccanse

Faculty Publications

No abstract provided.

Spare The Rod, Save The Child: Reviewing Corporal Punishment Through The Lens Of Domestic Violence, Sarah Brady Brundage

W&M Law Student Publications

No abstract provided.

Involuntary Endogenous Rfid Compliance Monitoring As A Condition Of Federal Supervised Release - Chips Ahoy?, Isaac B. Rosenberg

W&M Law Student Publications

Among the many cutting edge technologies law enforcement agencies increasingly covet is radio frequency identification ("RFID"). Researchers predict RFID will become the most pervasive computer technology in history. Among the more extraordinary and controversial government uses of RFID-and the focus of this Paper-include implantation of subdermal RFID transmitters. Privacy concerns abound. Not surprisingly, critics and privacy advocates are wary of subdermal RFID implants, fearful that only afine line separates relatively innocuous, voluntary implantation from arbitrary government-mandated implantation. But for involuntary implantation of RFID chips to take root, government implantation programs would have to start on the small scale, targeting the …

Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson

Michigan Law Review

It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits orjustifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter …

No. 6 - 30th Anniversary Issue, Henry Kissinger, James Baker, Warren Christopher, Madeleine Albright, Colin Powell, Lee Hamilton, Daniel R. Fung, Diana Wallis

Occasional Papers Series

With this issue of the Occasional Papers, we celebrate the 30th anniversary of the founding of the Dean Rusk Center, which bears the name of the late School of Law faculty member who served as secretary of state under Presidents John F. Kennedy and Lyndon B. Johnson from 1961 until 1969.

Our purpose in hosting the conference and lectures published in this volume was to provide a forum for developing the comprehensive new focus necessary to met the American foreign policy demands of the 21st century. In so doing, it is our intent that the advice and counsel of the …

Grade Distribution - Fall Semester 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Point Allocation History For Fall Semester 2008, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Student Organization Officers 2008-2009, Office Of Registrar

Materials from All Student Organizations

No abstract provided.