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Full-Text Articles in Law
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Tragedy Of The Regulatory Commons: Lightsquared And The Missing Spectrum Rights, Thomas W. Hazlett, Brent Skorup
Duke Law & Technology Review
The endemic underuse of radio spectrum constitutes a tragedy of the regulatory commons. Like other common interest tragedies, the outcome results from a legal or market structure that prevents economic actors from executing socially efficient bargains. In wireless markets, innovative applications often provoke claims by incumbent radio users that the new traffic will interfere with existing services. Sometimes these concerns are mitigated via market transactions, a la “Coasian bargaining.” Other times, however, solutions cannot be found even when social gains dominate the cost of spillovers. In the recent “LightSquared debacle,” such spectrum allocation failure played out. GPS interests that access …
Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher
Will Sony’S Fourth Playstation Lead To A Second Sony V. Universal?, Seth Ascher
Duke Law & Technology Review
Sony has included a “share” button on the next version of their popular PlayStation video game system. This feature is meant to allow players to record and share videos of their gameplay. This service shares similarities with the controversial “record” button that Sony included with its Betamax players over thirty years ago. The Betamax player was the subject of the landmark case Sony v. Universal, a foundational case for the modern application of copyright law to new technology. This Issue Brief examines how this “share” feature would fare under the framework laid out by Sony v. Universal and other evolutions …
Foreword, Philip J. Cook, Kimberly D. Krawiec
Foreword, Philip J. Cook, Kimberly D. Krawiec
Law and Contemporary Problems
No abstract provided.
A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec
A Primer On Kidney Transplantation: Anatomy Of The Shortage, Philip J. Cook, Kimberly D. Krawiec
Law and Contemporary Problems
No abstract provided.
Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel
Designing A Compensated–Kidney Donation System, T. Randolph Beard, Jim Leitzel
Law and Contemporary Problems
No abstract provided.
Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk
Organ Quality As A Complicating Factor In Proposed Systems Of Inducements For Organ Donation, Michael L. Volk
Law and Contemporary Problems
No abstract provided.
Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees
Reverse Transplant Tourism, Kimberly D. Krawiec, Michael A. Rees
Law and Contemporary Problems
No abstract provided.
Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler
Reciprocal Altruism—The Impact Of Resurrecting An Old Moral Imperative On The National Organ Donation Rate In Israel, Jacob Lavee, Avraham Stoler
Law and Contemporary Problems
No abstract provided.
Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron
Six Decades Of Organ Donation And The Challenges That Shifting The United States To A Market System Would Create Around The World, Alexander M. Capron
Law and Contemporary Problems
No abstract provided.
Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen
Organs Without Borders? Allocating Transplant Organs, Foreigners, And The Importance Of The Nation-State (?), I. Glenn Cohen
Law and Contemporary Problems
No abstract provided.
State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones
State Organ-Donation Incentives Under The National Organ Transplant Act, Sally Satel, Joshua C. Morrison, Rick K. Jones
Law and Contemporary Problems
No abstract provided.
The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell
The Influence Of Campaign Contributions On The Legislative Process, Lynda W. Powell
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz
Hobby Lobby And The Pathology Of Citizens United, Ellen D. Katz
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib
Running The D.C. Circuit Gauntlet On Cost-Benefit Analysis After Citizens United: Empirical Evidence From Sarbanes-Oxley And The Jobs Act, Ciara Torres-Spelliscy, Kathy Fogel, Rwan El-Khatib
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja
Campaign Finance And Partisan Polarization In The United States Congress, Raymond J. La Raja
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs
Alaska’S Initiative Process: The Benefits Of Advance Oversight And A Recommendation For Change, Logan T. Mohs
Alaska Law Review
Alaska's initiative process is unique—Alaska is the only state with a robust initiative culture and advance oversight over the content of initiatives by the Lieutenant Governor. This state of affairs is appropriate because it recognizes both the savings to the state and the benefit to citizens that advance oversight can achieve. It also places the power of advance oversight in the hands of the individual most qualified in Alaska to wield it. However, despite being generally commendable, the Alaskan initiative oversight process is not perfect. Because the Lieutenant Governor has this unique power, it is inappropriate for them to be …
What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements
What About Boem? The Need To Reform The Regulations Governing Offshore Oil And Gas Planning And Leasing, Michael Levine, Andrew Hartsig, Maggie Clements
Alaska Law Review
The nature of offshore oil and gas activities is changing as companies are forced into difficult and remote areas, including the U.S. Arctic Ocean. As evidenced by the 2010 Deepwater Horizon tragedy and Shell's error-plagued efforts to drill exploration wells in the Chukchi and Beaufort seas in 2012, the rules governing whether and under what conditions to allow offshore drilling in frontier areas have not kept pace with environmental and technical changes. These rules were implemented in 1979 and have remained substantively the same since. Recent changes to at the Department of the Interior to disband the Minerals Management Service, …
Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth
Philanthropically Funded Heroism Awards For Kidney Donors?, Muriel Niederle, Alvin E. Roth
Law and Contemporary Problems
No abstract provided.
Regulating The Arctic Gold Rush: Recommended Regulatory Reforms To Protect Alaska’S Arctic Environment From Offshore Oil Drilling Pollution , Jacob D. Unger
Regulating The Arctic Gold Rush: Recommended Regulatory Reforms To Protect Alaska’S Arctic Environment From Offshore Oil Drilling Pollution , Jacob D. Unger
Alaska Law Review
Since 2008, major oil and gas operators have invested billions attempting to drill Arctic Alaska's Outer Continental Shelf. However, offshore drilling in the extreme Arctic is fraught with infrastructural, technological and environmental challenges that could result in enormous damages if an accident ever occurred. While offshore drilling operations would significantly benefit both the state of Alaska and the United States, it is imperative that the United States' offshore regulatory regime adequately protects the Arctic Alaskan environment and innocent third parties. This Note examines the shortcomings of the United States' current offshore drilling regulatory regime and proposes a four-part scheme that …
Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel
Fate Control And Human Rights: The Policies And Practices Of Local Governance In America’S Arctic, Mara Kimmel
Alaska Law Review
The loss of territoriality over lands conveyed under the Alaska Native Claims Settlement Act had adverse impacts for Alaskan tribal governance. Despite policy frameworks that emphasize the value of local governance at an international, regional, and statewide level, Alaskan tribes face unique obstacles to exercising their authority, with consequences for both human development and human rights. This Article examines how territoriality was lost and analyzes the four major effects of this loss on tribal governance. It then describes two distinct but complimentary strategies to rebuilding tribal governance authority that rely on both territorial and non-territorial authority.
Altruism Exchanges And The Kidney Shortage, Stephen J. Choi, Mitu Gulati, Eric A. Posner
Altruism Exchanges And The Kidney Shortage, Stephen J. Choi, Mitu Gulati, Eric A. Posner
Law and Contemporary Problems
No abstract provided.
Regulating The Organ Market: Normative Foundations For Market Regulation, I. Glenn Cohen
Regulating The Organ Market: Normative Foundations For Market Regulation, I. Glenn Cohen
Law and Contemporary Problems
No abstract provided.
Note From The Editor, Philip A. Tarpley
Alaska And The Arctic, Fran Ulmer
Alaska’S Native History, William L. Iggiagruk Hensley
Alaska’S Native History, William L. Iggiagruk Hensley
Alaska Law Review
No abstract provided.
Foreword, Thomas B. Metzloff
Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph
Traditional Cultural Districts: An Opportunity For Alaska Tribes To Protect Subsistence Rights And Traditional Lands, Elizaveta Barrett Ristroph
Alaska Law Review
Alaska tribes have limited control over their traditional lands and waters. Tribes may increase their influence through a Traditional Cultural District designation under Section 106 of the National Historic Preservation Act. This designation does not stop development, but requires federal agencies to consult with tribes regarding potential development that may impact the district. The consultation right applies regardless of whether a tribe owns or has formally designated the district. In Alaska, where no Traditional Cultural Districts exist as of 2014, there is potential for designating large areas of land or water that correspond to the range of traditionally important species.