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Full-Text Articles in Law
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl
Duke Law Journal
The current ethical rule governing lawyers' interactions with the media applies equally to defense attorneys and prosecutors despite their different roles and responsibilities in the justice system. With a focus on the Blagojevich trial as an example of modern lawyers' interactions with the press, this Note argues for a separate rule governing defense lawyers' extrajudicial speech. Such a rule would recognize an interest in protecting the legitimacy of the justice system and would provide clear standards to guide defense lawyers' advocacy outside of the courtroom. This Note provides an overview of the development of the trial-publicity rules, a glimpse of …
The First Complaint: An Approach To The Admission Of Child-Hearsay Statements Under The Alaska Rules Of Evidence, John J. Gochnour
The First Complaint: An Approach To The Admission Of Child-Hearsay Statements Under The Alaska Rules Of Evidence, John J. Gochnour
Alaska Law Review
No abstract provided.
“Letters I’Ve Written, Never Meaning To Send …”: Conditional Relevance, Evidence Rule 104(B), And Mark Edwards’ Curious Murder Trial, James Fayette, Stephanie Busalacchi
“Letters I’Ve Written, Never Meaning To Send …”: Conditional Relevance, Evidence Rule 104(B), And Mark Edwards’ Curious Murder Trial, James Fayette, Stephanie Busalacchi
Alaska Law Review
No abstract provided.
Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid
Advisory Opinions On Human Rights: Moving Beyond A Pyrrhic Victory, Julie Calidonio Schmid
Duke Journal of Comparative & International Law
No abstract provided.
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Duke Law Journal
No abstract provided.
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi
The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi
Alaska Law Review
No abstract provided.
The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft
The Path To Preclusion: Federal Injunctive Relief Against Nationwide Classes In State Court, Kara M. Moorcroft
Duke Law Journal
No abstract provided.
Making Wal-Mart Pretty: Trademarks And Aesthetic Restrictions On Big-Box Retailers, Akila Sankar Mcconnell
Making Wal-Mart Pretty: Trademarks And Aesthetic Restrictions On Big-Box Retailers, Akila Sankar Mcconnell
Duke Law Journal
No abstract provided.
In Re Exxon Valdez: Application Of Due Process Constraints On Punitive Damages Awards, Joseph J. Chambers
In Re Exxon Valdez: Application Of Due Process Constraints On Punitive Damages Awards, Joseph J. Chambers
Alaska Law Review
No abstract provided.
Assisted Suicide, Liberal Individualism, And Visceral Jurisprudence: A Reply To Professor Chemerinsky, Eric A. Johnson
Assisted Suicide, Liberal Individualism, And Visceral Jurisprudence: A Reply To Professor Chemerinsky, Eric A. Johnson
Alaska Law Review
No abstract provided.
Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky
Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky
Alaska Law Review
No abstract provided.
Scientists, Judges, And Spotted Owls: Policymakers In The Pacific Northwest, Brendon Swedlow
Scientists, Judges, And Spotted Owls: Policymakers In The Pacific Northwest, Brendon Swedlow
Duke Environmental Law & Policy Forum
No abstract provided.
Justice Lewis F. Powell, Jr., And The Counterrevolution In The Federal Securities Laws, A. C. Pritchard
Justice Lewis F. Powell, Jr., And The Counterrevolution In The Federal Securities Laws, A. C. Pritchard
Duke Law Journal
The confirmation of Lewis F. Powell, Jr., to the Supreme Court coincided with a dramatic shift in the Court's approach to securities law. This Article documents Powell's influence in changing the Court's direction in securities law. Powell's influence was the product of his extensive experience with the securities laws as a corporate lawyer, which gave him much greater familiarity with that body of law than his fellow Justices had. That experience also made him skeptical of civil liability, particularly class and derivative actions. Powell's skepticism led him to interpret the securities law in a consistently narrow fashion to reduce liability …
Is Self-Abortion A Fundamental Right?, Suzanne M. Alford
Is Self-Abortion A Fundamental Right?, Suzanne M. Alford
Duke Law Journal
No abstract provided.
Bess V. Ulmer—The Supreme Court Stumbles And The Subsistence Amendment Falls, Senator Dave Donley, Douglas Baily, Mara Mallory, Ted Popely, Matthew Roskoski
Bess V. Ulmer—The Supreme Court Stumbles And The Subsistence Amendment Falls, Senator Dave Donley, Douglas Baily, Mara Mallory, Ted Popely, Matthew Roskoski
Alaska Law Review
No abstract provided.
The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.
The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.
Alaska Law Review
No abstract provided.
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer
Law and Contemporary Problems
Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.
Miranda’S Final Frontier—The International Arena: A Critical Analysis Of United States V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Duke Law Journal
In recent years, the FBI and other federal law enforcement agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and Internet fraud schemes to terrorism. Where this law enforcement activity includes custodial interrogation of non-American citizens abroad, must American law enforcement officials provide Miranda warnings to such suspects? In 2001 in United States v. Bin Laden, a federal district court held that the Fifth Amendment's privilege against self-incrimination applies to non-American citizens interrogated abroad, thus requiring Miranda warnings in this context. This Article criticizes the Bin Laden court's strict application of Miranda and suggests that Miranda should …
The Application Of Portugal V. Council: The Banana Cases, Marc Weisberger
The Application Of Portugal V. Council: The Banana Cases, Marc Weisberger
Duke Journal of Comparative & International Law
No abstract provided.
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
How The Spending Clause Can Solve The Dilemma Of State Sovereign Immunity From Intellectual Property Suits, Jennifer Cotner
Duke Law Journal
No abstract provided.
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Law and Contemporary Problems
The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.
Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging
Assessing Causation In Breast Implant Litigation: The Role Of Science Panels, Laural L. Hooper, Joe S. Cecil, Thomas E. Willging
Law and Contemporary Problems
In two recent cases, federal judges appointed panels of scientific experts to help assess conflicting scientific testimony regarding causation of systemic injuries by silicone gel breast implants. This article will describe the circumstances that gave rise to the appointments, the procedures followed in making the appointments and reporting to the courts, and the reactions of the participants in the proceedings.
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Law and Contemporary Problems
No abstract provided.
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch
Law and Contemporary Problems
No abstract provided.
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel
Law and Contemporary Problems
No abstract provided.
Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger
Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger
Law and Contemporary Problems
No abstract provided.
A Comity Of Errors: Why John V. Baker Is Only A Tentative First Step In The Right Direction, Carl H. Johnson
A Comity Of Errors: Why John V. Baker Is Only A Tentative First Step In The Right Direction, Carl H. Johnson
Alaska Law Review
No abstract provided.
Standing And The Statutory Universe, William W. Buzbee
Standing And The Statutory Universe, William W. Buzbee
Duke Environmental Law & Policy Forum
No abstract provided.
Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria
Critiquing Laidlaw: Congressional Power To Confer Standing And The Irrelevance Of Mootness Doctrine To Civil Penalties, John D. Echeverria
Duke Environmental Law & Policy Forum
No abstract provided.