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Full-Text Articles in Law
Norm Conflict In International Law: Whither Human Rights?, Marko Milanovic
Norm Conflict In International Law: Whither Human Rights?, Marko Milanovic
Duke Journal of Comparative & International Law
No abstract provided.
The Fiduciary Duty In Mutual Fund Excessive Fee Cases: Ripe For Reexamination, Emily D. Johnson
The Fiduciary Duty In Mutual Fund Excessive Fee Cases: Ripe For Reexamination, Emily D. Johnson
Duke Law Journal
Congress imposed a fiduciary duty regarding compensation on investment advisors by adding Section 36(b) to the Investment Company Act of 1940. Legislators intended this fiduciary duty to protect mutual fund investors from excessive management fees. It has failed. Mutual fund investors continue to pay significantly higher fees than institutional investors for the same money management services. In Jones v. Harris Associates, decided in 2008, the Seventh Circuit broke with the widely followed, thirty-year-old precedent of Gartenberg v. Merrill Lynch Asset Management. Chief Judge Easterbrook authored the majority opinion and Judge Posner wrote vigorously in dissent. This disagreement between two titans …
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James
The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James
Law and Contemporary Problems
No abstract provided.
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Law and Contemporary Problems
Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.
Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles
Depoliticizing Administrative Law, Cass R. Sunstein, Thomas J. Miles
Duke Law Journal
A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for "arbitrariness" on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel Richman
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel Richman
Duke Law Journal
This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …
Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke
Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke
Law and Contemporary Problems
Mnookin and Verbeke describe the nonviolent but very serious conflict in Belgium between the Flemish (Dutch) of the North and the Walloons (French) of the South. The Flemish economy is more prosperous than the Walloon economy, and the Flemish constitute a majority of the Belgian population. Nevertheless, the Walloons enjoy a financial subsidy from the Flemish and share equally in the political power of the nation due to antimajoritarian restrictions built into the government structure. Even though significant and persistent, this conflict remains nonviolent due to several factors, including largely separate geography, language and social structure; a low-stakes conflict; relatively …
A Response To Professor Ramseyer, Predicting Court Outcomes Through Political Preferences, Michael Boudin
A Response To Professor Ramseyer, Predicting Court Outcomes Through Political Preferences, Michael Boudin
Duke Law Journal
No abstract provided.
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court And The Chaos Of 1993, J. Mark Ramseyer
Duke Law Journal
Empiricists routinely explain politically sensitive decisions of the U.S. federal courts through the party of the executive or legislature appointing the judge. That they can do so reflects the fundamental independence of the courts. After all, appointment politics will predict judicial outcomes only when judges are independent of sitting politicians. Because Japanese Supreme Court justices enjoy an independence similar to that of U.S. federal judges, I use judicial outcomes to ask whether Japanese premiers from different parties have appointed justices with different political preferences. Although the Liberal Democratic Party (LDP) governed Japan for most of the postwar period, it temporarily …
The Competence Of Nations And International Tax Law, Eric T. Laity
The Competence Of Nations And International Tax Law, Eric T. Laity
Duke Journal of Comparative & International Law
No abstract provided.