Law Commons^™

Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Forbidden Territory Or Well-Defined Boundaries? M.B.Z. V. Clinton And The Overzealous Application Of The Political Question Doctrine, Andrew Hand

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Crying Wolfish: The Upcoming Challenge To Blanket Strip-Search Policies In Florence V. Board Of Chosen Freeholders, Aaron Johnson

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Golan V. Holder: Congressional Power Under The Copyright Clause And The First Amendment, Claire Fong

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

It’S My Church And I Can Retaliate If I Want To: Hosanna-Tabor And The Future Of The Ministerial Exception, Brad Turner

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Bullcoming V. New Mexico: Revisiting Analyst Testimony After Melendez-Diaz, Alex Herskowitz

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The Significance Of It All: Corporate Disclosure Obligations In Matrixx Initiatives, Inc. V. Siracusano, Siobhan Innes-Gawn

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

A Deal Is A Deal In The West, Or Is It? Montana V. Wyoming And The Yellowstone River Compact, Shiran Zohar

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

A Father’S Presence: Flores-Villar V. United States And Equal Protection, Jeffrey Hochstetler

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Lacking Swiss Precision: The First-Sale Doctrine In Costco V. Omega, Justin Yedor

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The More Things Change, The More They Stay The Same: Schwarzenegger V. Entertainment Merchants Association, Beatrice M. Hahn

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Bruesewitz V. Wyeth: The “Unavoidable” Vaccine Problem, Sara Wexler

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Staub V. Proctor Hospital: Cleaning Up The Cat’S Paw, Hannah Banks

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Harrington V. Richter: Aedpa Deference And The Right To Effective Counsel, Kara Duffle

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Snyder V. Phelps: First Amendment Boundaries On Speech-Based Tort Claims, Michael Villeggiante

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

The Year In Review 2010: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, The United States Supreme Court, United States District Court For The District Of Alaska, And The United States Court Of Appeals For The Ninth Circuit

Alaska Law Review Year in Review

No abstract provided.

Regulating Systemic Risk: Towards An Analytical Framework, Steven L. Schwarcz, Iman Anabtawi

Faculty Scholarship

The global financial crisis demonstrated the inability and unwillingness of financial market participants to safeguard the stability of the financial system. It also highlighted the enormous direct and indirect costs of addressing systemic crises after they have occurred, as opposed to attempting to prevent them from arising. Governments and international organizations are responding with measures intended to make the financial system more resilient to economic shocks, many of which will be implemented by regulatory bodies over time. These measures suffer, however, from the lack of a theoretical account of how systemic risk propagates within the financial system and why regulatory …

The Case For Legal Regulation Of Physicians’ Off-Label Prescribing, Doriane Lambelet Coleman, Philip M. Rosoff

Faculty Scholarship

No abstract provided.

What State Constitutional Law Can Tell Us About The Federal Constitution, Joseph Blocher

Faculty Scholarship

Courts and scholars have long sought to illuminate the relationship between state and federal constitutional law. Yet their attention, like the relationship itself, has largely been one-sided: State courts have consistently adopted federal constitutional law as their own, and scholars have attempted to illuminate why this is, and why it should or should not be so. By contrast, federal courts tend not to look to state constitutional law, even for persuasive authority. Nor have scholars argued at any length that federal courts can or should look to state constitutional law for guidance in answering the many constitutional questions common to …

The Military-Industrial Complex, Charles J. Dunlap Jr.

Faculty Scholarship

In his 1961 farewell address, President Eisenhower cautioned against a future in which a powerful military-industrial complex manipulated policy to the detriment of American interests. Dunlap argues that, fifty years later, Eisenhower’s fears have not been realized; in fact, the military-industrial enterprise is in decline. Certainly, the U.S. military owes its continued preeminence to both the quality of its combatants and the superiority of its weaponry. Yet as the manpower-centric strategies in Afghanistan and Iraq replaced technology-centric operations; as complicated defense acquisitions laws deterred companies from obtaining contracts; and as the economic downturn and rising national deficit have strained budgets, …

Proposition 26: The Cost To All Women, Emma S. Ketteringham, Allison Korn, Lynn M. Paltrow

Faculty Scholarship

No abstract provided.

Somebody's Watching Me: Fcpa Monitorships And How They Can Work Better, F. Joseph Warin, Michael S. Diamant, Veronica S. Root

Faculty Scholarship

This article explores the rise of the corporate compliance monitor as a condition for settling violations of the U.S. Foreign Corrupt Practices Act (“FCPA”) — a setting in which federal prosecutors routinely impose monitors. If U.S. enforcement authorities maintain their current approach, the reality is that companies facing liability for violating the FCPA are likely to have a monitor imposed on them as part of a settlement agreement. From the U.S. government’s perspective, monitorships make sense for companies that violate anti-bribery laws, making it important for offending corporations to learn how to deal with monitors. Pulling from the authors’ extensive …

Reverse Incorporation Of State Constitutional Law, Joseph Blocher

Faculty Scholarship

State supreme courts and the United States Supreme Court are the independent and final arbiters of their respective constitutions, and may therefore take different approaches to analogous state and federal constitutional issues. Such issues arise often, because the documents were modeled on each other and share many of the same guarantees. In answering them, state courts have, as a matter of practice, generally adopted federal constitutional doctrine as their own. Federal courts, by contrast, have largely ignored state constitutional law when interpreting the federal constitution. In McDonald v. Chicago, to take only the most recent example, the Court declined to …

The Curious Case Of Greening In Carbon Markets, James Salzman, William Boyd

Faculty Scholarship

Over the last several years, so-called carbon markets have
emerged around the world to facilitate trading in greenhouse gas
credits. This Article takes a close look at an unexpected and
unprecedented development in some of these markets—premium
“green” currencies have emerged and, in some cases, displaced
standard compliance currencies. Past experiences with other
environmental compliance markets, such as the sulfur dioxide and
wetlands mitigation markets, suggest the exact opposite should be
occurring. Indeed, buyers in such markets should only be interested in
buying compliance, not in the underlying environmental integrity of the
compliance unit. In some of the compliance carbon …

Firm Survival And Industry Evolution In Vertically Related Populations, John M. De Figueiredo, Brian S. Silverman

Faculty Scholarship

This paper examines how the density and governance of vertically related populations affect the life chances of organizations. We integrate the literatures on organizational ecology and vertical integration to develop a theory of how 1) specialized upstream industries affect downstream survival rates 2) the prevalence of different governance forms among upstream and downstream organizations moderates this relationship, and 3) different forms of governance exert differential competitive pressures on focal organizations. We find evidence supporting our hypotheses in an empirical examination of the downstream laser printer industry and upstream laser engine industry.

Government Property And Government Speech, Joseph Blocher

Faculty Scholarship

The relationship between property and speech is close but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have – physical things, bundles of rights, or something else entirely?

In the context of government property and government speech, the ill-defined relationship …

Exploring The Wfo Option For Global Banking Regulation, Lawrence G. Baxter

Faculty Scholarship

The Global Financial Crisis and the global operations by participants in the financial services industry has led observers and even senior public representatives to call for global regulatory solutions that go beyond the current, transnational regulatory network (TRN) framework provided by the G20, the Financial Stability Board and the Basel Committee on Banking Supervision. The concept of a global banking regulator has often been advocated, but this is not remotely politically viable. Recently the imaginative concept of a World Financial Organization (WFO), that would follow the model of the World Trade Organization (WTO), has been proposed. Although attractive in that …

Legal Integration In The Andes: Law-Making By The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter

Faculty Scholarship

The Andean Tribunal of Justice (ATJ) is a copy of the European Court of Justice (ECJ), and the third most active international court. This article reviews our findings based on an original coding of all ATJ preliminary rulings from 1984 to 2007, and over forty interviews in the region. We then compare Andean and European jurisprudence in three key areas: whether the tribunals treat the founding integration treaties as constitutions for their respective communities, whether the ATJ and ECJ have implied powers for community institutions that are not expressly enumerated in the founding treaties, and how the tribunals conceive of …

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, Christopher L. Griffin Jr., John J. Donohue Iii, Michael Ashley Stein, Sascha Becker

Faculty Scholarship

This article explores the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests the …

Print Or Perish? Authors’ Attitudes Toward Electronic-Only Publication Of Law Journals, Richard A. Danner, Kiril Kolev, Marguerite Most

Faculty Scholarship

An increasing number of U.S. law journals post at least current issues in freely accessible PDF and (in some cases) HTML formats on their web sites. Yet, perhaps without exception, the journals that make their articles freely available on their websites also continue to publish print issues in the face of declining subscription numbers, and law libraries' growing disinterest in collecting and preserving journals in print. As universities reduce staff, freeze open positions, eliminate salary increases, and cut library budgets, why have law schools continued to subsidize print publication of journals that are accessible in electronic formats? Among the reasons …