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Articles 1621 - 1650 of 11222
Full-Text Articles in Law
The Holmesian Bad Man’S First Critic, Douglas G. Baird
The Holmesian Bad Man’S First Critic, Douglas G. Baird
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
The Unbounded Home, Property Values Beyond Property Lines, Lee Anne Fennell
The Unbounded Home, Property Values Beyond Property Lines, Lee Anne Fennell
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Against Feasibility Analysis, Eric A. Posner, Jonathan Masur
Against Feasibility Analysis, Eric A. Posner, Jonathan Masur
Coase-Sandor Institute for Law & Economics Research Paper Series
Feasibility analysis, a method of evaluating government regulations, has emerged as the major alternative to cost-benefit analysis. Although regulatory agencies have used feasibility analysis (in some contexts called "technology-based" analysis) longer than cost-benefit analysis, feasibility analysis has received far less attention in the scholarly literature. In recent years, however, critics of cost-benefit analysis have offered feasibility analysis as a superior alternative. We advance the debate by uncovering the analytic structure of feasibility analysis and its normative premises, and then criticizing them. Our account builds on two examples of feasibility analysis, one conducted by OSHA and the other by EPA. We …
Courtrooms As Battlefields In The Evolution War: Examining Judicial Behavior And The Outcomes Of Cases Involving Public Education And Religion, Trevor W. Ramsey
Courtrooms As Battlefields In The Evolution War: Examining Judicial Behavior And The Outcomes Of Cases Involving Public Education And Religion, Trevor W. Ramsey
All-Inclusive List of Electronic Theses and Dissertations
Over the past century, various challenges to the teaching of the theory of evolution have made their way to the courts, with the two most recent dealing with the concept of "intelligent design." The goal of this study is to attempt to find indicators that could help predict how judges will decide these types of cases in the future. Due to the low number of such cases, this study looked at the issue from the broader perspective of conflicts between religion and public schools. Focusing on federal district and appellate courts, sixty-eight cases were selected, with 145 rulings from 121 …
Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein
Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein
Faculty Publications
No abstract provided.
Subpar Subpoena Clauses: Why States Need To Legislatively Amend Their Zoning Subpoena Laws, Cory K. Kestner
Subpar Subpoena Clauses: Why States Need To Legislatively Amend Their Zoning Subpoena Laws, Cory K. Kestner
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
"...And Justice For All": An Analysis Of The Fairness In Nursing Home Arbitration Act Of 2008 And Its Potential Effects On The Long-Term Care Industry, Anthony P. Torntore
"...And Justice For All": An Analysis Of The Fairness In Nursing Home Arbitration Act Of 2008 And Its Potential Effects On The Long-Term Care Industry, Anthony P. Torntore
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
A New Strategy For Pursuing Racial And Ethnic Equality In Public Schools, Kristi L. Bowman
A New Strategy For Pursuing Racial And Ethnic Equality In Public Schools, Kristi L. Bowman
Duke Forum for Law & Social Change
No abstract provided.
The Undertraining Of Lawyers And Its Effect On The Advancement Of Women And Minorities In The Legal Profession, Irene Segal Ayers
The Undertraining Of Lawyers And Its Effect On The Advancement Of Women And Minorities In The Legal Profession, Irene Segal Ayers
Duke Forum for Law & Social Change
No abstract provided.
Enforcing Public Educational Rights Via A Private Right Of Action, Sonja Ralston Elder
Enforcing Public Educational Rights Via A Private Right Of Action, Sonja Ralston Elder
Duke Forum for Law & Social Change
No abstract provided.
Remembering Brown: A Tribute To John Hope Franklin, Jack Greenberg, Louis H. Pollak, Neil Siegel
Remembering Brown: A Tribute To John Hope Franklin, Jack Greenberg, Louis H. Pollak, Neil Siegel
Duke Forum for Law & Social Change
On March 27, 2008, the Duke Forum for Law & Social Change and the Office of the Dean co-sponsored a Symposium entitled, “Remembering Brown.” The panelists discussed both their experiences working to desegregate public schools and their perspectives on whether the aspiration of Brown v. Board of Education has been fulfilled.
Duke Forum For Law & Social Change Symposium: Keynote Address, Rufus Williams
Duke Forum For Law & Social Change Symposium: Keynote Address, Rufus Williams
Duke Forum for Law & Social Change
No abstract provided.
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Duke Journal of Gender Law & Policy
[...] the risk of incest and consanguinity11 are prevalent with anonymous donation12 since there is no monitoring of the number of live births per donor. [...] the number of children born from sperm donation has doubled in recent years.30 Although sperm may be donated by a relative or close friend of the couple or individual, often the sperm is donated anonymously through a sperm bank or clinic.
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Maninan
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Maninan
Duke Journal of Gender Law & Policy
No abstract provided.
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
Legislating For The Provision Of Comprehensive Substance Abuse Treatment Programs For Pregnant And Mothering Women, Janet W. Steverson, Traci Rieckman Phd
Legislating For The Provision Of Comprehensive Substance Abuse Treatment Programs For Pregnant And Mothering Women, Janet W. Steverson, Traci Rieckman Phd
Duke Journal of Gender Law & Policy
Additionally, in writing this article it became clear that, although the data collection in this area has improved over the past twenty years, more specific data is needed in order to have a clearer picture of the exact nature of the unmet need so that the states can better address it. [...] although the authors were able to obtain enough information to provide some suggestions to the states for providing treatment programs for pregnant and mothering women, work in the area is severely limited by the lack of accessible data.
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman
Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman
Duke Journal of Gender Law & Policy
[...] I took the bus to my uncle's house. [...] that wasn't the truth, or at least not all of it. Because in the end, there were a million reasons why it hadn't happened to me.
Legal Education Reform In China Through U.S.-Inspired Transplants, Matthew S. Erie
Legal Education Reform In China Through U.S.-Inspired Transplants, Matthew S. Erie
Journal of Legal Education
No abstract provided.
Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Robert R. Kuehn, Peter A. Joy
Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Robert R. Kuehn, Peter A. Joy
Journal of Legal Education
No abstract provided.
The Role Of One Religiously Affiliated Law School, Michael Herz
The Role Of One Religiously Affiliated Law School, Michael Herz
Journal of Legal Education
No abstract provided.
Thoughts On The U.C.C. (With Apologies To Dr. Suess), Meredith Lauren Zinnecker, Tim Zinnecker
Thoughts On The U.C.C. (With Apologies To Dr. Suess), Meredith Lauren Zinnecker, Tim Zinnecker
Journal of Legal Education
No abstract provided.
The Role Of One Religiously Affiliated Law School, Michael Herz
The Role Of One Religiously Affiliated Law School, Michael Herz
Articles
No abstract provided.
Common Challenges Facing Shareholder Suits In Europe And The United States, Randall Thomas, James D. Cox
Common Challenges Facing Shareholder Suits In Europe And The United States, Randall Thomas, James D. Cox
Vanderbilt Law School Faculty Publications
Episodic and even sometimes systematic misbehavior by businessmen and corporate entities is ubiquitous. While Enron and WorldCom were the battle cries for corporate reform in the U.S. so it was with Ahold and Parmalat across Europe. No country is free of concern that company officers will misbehave thereby injuring investors, consumers and destroying shareholder value. Thus, this symposium issue collects the recent experiences across Europe in strengthening shareholder suits. Most recent legislative efforts in Europe, and hence the comments in the symposium, are focused on the derivative suit. Just as the American experience with class actions, reviewed separately in this …
Costly Myths: An Analysis Of Idling Beliefs And Behavior In Personal Motor Vehicles, Michael P. Vandenbergh, Amanda R. Carrico, Paul Padgett, Jonathan Gilligan, Kenneth A. Wallston
Costly Myths: An Analysis Of Idling Beliefs And Behavior In Personal Motor Vehicles, Michael P. Vandenbergh, Amanda R. Carrico, Paul Padgett, Jonathan Gilligan, Kenneth A. Wallston
Vanderbilt Law School Faculty Publications
Despite the large contribution of individuals and households to climate change, little has been done in the US to reduce the CO2 emissions attributable to this sector. Motor vehicle idling among individual private citizens is one behavior that may be amenable to large-scale policy interventions. Currently, little data are available to quantify the potential reductions in emissions that could be realized by successful policy interventions. In addition, little is known about the motivations and beliefs that underlie idling. In the fall of 2007, 1300 drivers in the US were surveyed to assess typical idling practices, beliefs and motivations. Results indicate …
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
International Law Studies
No abstract provided.
Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt
Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt
International Law Studies
No abstract provided.