Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull Oct 2010

Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull

Duke Environmental Law & Policy Forum

No abstract provided.


Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jul 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Law and Contemporary Problems

Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.


Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky May 2010

Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect, And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky

Duke Journal of Gender Law & Policy

No abstract provided.


The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens Apr 2010

The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens

Duke Law Journal

This Article frames the history of the Anglo-American bankruptcy tradition as a search for solutions to the basic problem that has from the first underlain the bankruptcy process: how to obtain the assistance of a debtor in his financial dismantling. The pivotal moment in this story came in the years 1705 and 1706, when the English Parliament drafted a bill making the bankrupt's refusal to cooperate with the commissioners running his bankruptcy a capital crime. Almost as an afterthought, they also introduced discharge of debt. Incentivizing cooperation with discharge would have a fruitful future. Coercing the debtor to be honest, …


Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore Mar 2010

Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore

Duke Law Journal

No abstract provided.


Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner Mar 2010

Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner

Duke Law Journal

No abstract provided.


Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser Jan 2010

Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser

Law and Contemporary Problems

Kornhauser recounts the legislation which enacted in 1934 required all income taxpayers to submit "pink slips" with their tax returns. The information required by the pink slip would then be made available for public inspection. The disclosure regime was repealed less than one year later, largely through the remarkably effective efforts of one person--Raymond Pitcairn, a wealthy lawyer. She describes a multifaceted public-relations campaign, orchestrated by Pitcairn, that would be sophisticated even by today's standards. Two aspects of Pitcairn's campaign were especially impressive. The first was his ability to enlist the zeitgeist in his efforts; the trial of Bruno Hauptmann …