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Articles 1 - 16 of 16

Full-Text Articles in Law

Response, Eduward M. Penalver Dec 2010

Response, Eduward M. Penalver

Cornell Journal of Law and Public Policy

No abstract provided.


Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington Dec 2010

Politics And Civil Procedure Rulemaking: Reflections On Experience, Paul D. Carrington

Duke Law Journal

This Article is a reflection on personal experience as well as an account of what has happened to the Federal Rules of Civil Procedure in the most recent quarter century It observes that the Supreme Court of the United States has assigned to itself a role in making procedural law inconsistent with the Rules Enabling Act of 1934 or any more-recent utterance of Congress This procedural law made by the Court is responsive to the desire of business interests to weaken the ability of citizens to enforce laws enacted to protect them from business misconduct The Article concludes with the …


The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi Oct 2010

The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi

Law and Contemporary Problems

No abstract provided.


Responsible Sovereign Lending And Borrowing, Lee C. Buchheit, G. Mitu Gulati Oct 2010

Responsible Sovereign Lending And Borrowing, Lee C. Buchheit, G. Mitu Gulati

Law and Contemporary Problems

No abstract provided.


Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk Oct 2010

Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk

Law and Contemporary Problems

No abstract provided.


How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies Jul 2010

How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies

Law and Contemporary Problems

Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.


Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl Jul 2010

Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl

Duke Environmental Law & Policy Forum

No abstract provided.


The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger Jul 2010

The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger

Duke Environmental Law & Policy Forum

No abstract provided.


The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono Jul 2010

The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono

Duke Environmental Law & Policy Forum

No abstract provided.


Antitrust Censorship Of Economic Protest, Hillary Greene Mar 2010

Antitrust Censorship Of Economic Protest, Hillary Greene

Duke Law Journal

Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the "fairness" of prices, society can, and frequently does, properly concern itself with these issues. When dissatisfaction results, it may manifest itself in an expressive boycott: a form of social campaign wherein purchasers express their dissatisfaction by collectively refusing to buy. Antitrust should neither participate in nor censor such normative discourse. In this Article, I explain how antitrust law impedes this speech, argue why it should not, and …


Foreword, Lawrence A. Zelenak Jan 2010

Foreword, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike Jan 2010

The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike

Law and Contemporary Problems

Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging …


A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner Jan 2010

A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner

Duke Environmental Law & Policy Forum

No abstract provided.


Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey Jan 2010

Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser Jan 2010

Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser

Duke Environmental Law & Policy Forum

No abstract provided.


Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott Jan 2010

Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott

Law and Contemporary Problems

Alstott offers an evaluation of the significance of the credit and, in a historical spirit, hark back to an earlier, critical perspective on the earned income tax credit (EITC)--a perspective rarely heard in recent years. She argues that these concerns remain apt, despite the expansion of the EITC and oft-repeated praise for its importance as an antipoverty program. Moreover, she highlights three features of U.S. law that constrain the effectiveness of the EITC in improving the wellbeing of low-income workers and their children: labor and employment laws that structure markets that produce low wages and harsh working conditions, laws that …