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

Law Commons

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

Articles 1 - 30 of 270

Full-Text Articles in Law

Advocacy In The Media: The Blagojevich Defense And A Reformulation Of Rule 3.6, Leigh A. Krahenbuhl Oct 2011

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 Jun 2010

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 Dec 2009

“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 Apr 2006

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 Nov 2005

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 Apr 2005

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 Dec 2004

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 Oct 2004

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 Mar 2004

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 Dec 2003

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 Dec 2003

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 Jun 2003

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 Apr 2003

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 Mar 2003

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 Mar 2003

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 Dec 2002

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. Dec 2002

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 Oct 2002

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 Apr 2002

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 Jan 2002

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 Nov 2001

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 Oct 2001

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 Oct 2001

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 Jul 2001

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Law and Contemporary Problems

No abstract provided.


Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery “Reform”, Jeffrey W. Stempel Jul 2001

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 Jul 2001

Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger

Law and Contemporary Problems

No abstract provided.


Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch Jul 2001

Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch

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 Jun 2001

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 Apr 2001

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 Apr 2001

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.