Law Commons^™

Reflections On The First Forty Years, William K. Reilly

Duke Environmental Law & Policy Forum

No abstract provided.

The Epa At 40: An Historical Perspective, Richard N. L. Andrews

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Health Science For Regulatory Decisionmaking, Linda S. Birnbaum, Paul Jung, Sheila A. Newton

Duke Environmental Law & Policy Forum

No abstract provided.

Epa At 40: Reflections On The Office Of Research And Development, Bernard D. Goldstein Md

Duke Environmental Law & Policy Forum

No abstract provided.

Limited Oversight: The Role Of The Federal Courts Vis-À-Vis The Environmental Protection Agency In Air Pollution Control Under The Clean Air Act, David T. Buente Jr., William E. Gerard, Joel F. Visser

Duke Environmental Law & Policy Forum

No abstract provided.

How Reins Would Improve Environmental Protection, David Schoenbrod

Duke Environmental Law & Policy Forum

No abstract provided.

Innovation In The Auto Industry: The Role Of The U.S. Environmental Protection Agency, Sanya Carley, Natalie Messer Betts, John D. Graham

Duke Environmental Law & Policy Forum

No abstract provided.

Macro-Risks: The Challenge For Rational Risk Regulation, Michael P. Vandenbergh, Jonathan A. Gilligan

Duke Environmental Law & Policy Forum

No abstract provided.

The Viability Of Interstate Collaboration In The Absence Of Federal Climate Change Legislation, H. Joseph Drapalski Iii

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner

Duke Journal of Gender Law & Policy

No abstract provided.

The Women’S Convention, Reproductive Rights, And The Reproduction Of Gender, Barbara Stark

Duke Journal of Gender Law & Policy

No abstract provided.

The ‘State’ Of Surrogacy Laws: Determinations Of Legal Parenthood For Gay Fathers, Anne R. Dana

Duke Journal of Gender Law & Policy

No abstract provided.

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

Duke Journal of Gender Law & Policy

No abstract provided.

The New Uniform Probate Code’S Surprising Gender Inequities, Kristine S. Knaplund

Duke Journal of Gender Law & Policy

No abstract provided.

Cracks In The Cost Structure Of Agency Adoption, Andrea B. Carroll

Journal Articles

No abstract provided.

Community Growth And Land Use, Susan Kelly

Publications

No abstract provided.

Legal Positivism As An Idea About Morality, Martin J. Stone

Articles

I ask what a proper critical target for 'legal positivism' might be. I argue that utilitarian moral theory, and more generally fully directive moral theories, are unacknowledged motivations for legal positivism. Contemporary debate about 'the nature of law' is, historically speaking, much more of a footnote to utilitarianism than has been recognized.

'Til Death Do Us File Joint Income Tax Returns (Unless We're Gay), Daniel Milstein

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and constitutional challenges posed by the Defense of Marriage Act (DOMA) in relation to same-sex marriage, arguing that DOMA unconstitutionally infringes on state authority and denies equal protection to same-sex couples. It highlights how DOMA's definition of marriage as between a man and a woman conflicts with evolving state laws recognizing same-sex unions and the federal government's traditional deference to state marriage determinations. The analysis centers on key court rulings, including Massachusetts v. U.S. Department of Health and Human Services and Merrill v. Commissioner, which address DOMA's validity and its implications for federal tax …

Bilski V. Kappos: Everything Old Is New Again, Joe Miller

Scholarly Works

My goal in this brief Essay is to introduce the symposium papers by describing the basics of the Bilski case. I also offer a brief thought about where interested observers might turn next in the U.S. Court of Appeals for the Federal Circuit's § 101 jurisprudence for insights about how that court may implement Bilski's unmistakable revival of Benson and Fook. Specifically, now that the 15-year Alappat/State Street misadventure, with its patent-maximizing "useful, concrete, and tangible result" standard, has come to an end, it is time to revisit the reasoning and results in a rich trove of cases from the …

Regulating Money Creation After The Crisis, Morgan Ricks

Vanderbilt Law School Faculty Publications

Like bank deposits, money market instruments function in important ways as "money." Yet our financial regulatory regime does not take this proposition seriously. The (non-government) issuers of money market instruments-almost all of which are financial firms, not commercial or industrial ones-perform an invaluable economic function. Like depository banks, they channel economic agents' transaction reserves into the capital markets. These firms thereby reduce borrowing costs and expand credit availability. However, this activity- "maturity transformation "-presents a problem. When these issuers default on their money market obligations, they generate adverse monetary consequences. This circumstance amounts to a market failure, creating a "prima …

Macro-Risks: The Challenge For Rational Risk Regulation, Michael P. Vandenbergh, Jonathan A. Gilligan

Vanderbilt Law School Faculty Publications

Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt economic systems so much that a different approach is required. We argue that catastrophic climate change is a prime example of a macro-risk. Research by climate scientists suggests disturbingly high likelihoods of temperature increases and sea level rises that could cause the kinds of systemic failures that almost occurred with the financial system. We suggest that macro-risks should be the principal concern of rational risk assessment and management, but they …

The New Old Legal Realsim, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Vanderbilt Law School Faculty Publications

Judges produce opinions for numerous purposes. A judicial opinion decides a case and informs the parties whether they won or lost. But in a common law system, the most important purpose of the opinion, particularly the appellate opinion, is to educate prospective litigants, lawyers, and lower court judges about the law: what it is and how it applies to a specific set of facts. Without this purpose, courts could more quickly and efficiently issue one-sentence rulings rather than set forth reasons. By issuing opinions, courts give actors a means of evaluating whether their actions are within the bounds of law. …

The Persistent Cultural Script Of Judicial Dispassion, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In contemporary Western jurisprudence it is never appropriate for emotion - anger, love, hatred, sadness, disgust, fear, joy - to affect judicial decision-making. A good judge should feel no emotion; if she does, she puts it aside. To call a judge emotional is a stinging insult, signifying a failure of discipline, impartiality, and reason. Insistence on judicial dispassion is a cultural script of unusual longevity and potency. But not only is the script wrong as a matter of human nature - emotion does not, in fact, invariably tend toward sloppiness, bias, and irrationality - but it is not quite so …

Sequencing The Issues For Judicial Decisionmaking: Limitations From Jurisdictional Primacy And Intrasuit Preclusion, Kevin M. Clermont

Cornell Law Faculty Publications

This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and parties. Generally speaking, although the parties can control which issues they put before a judge, the judge gets to choose the decisional sequence in light of those various interests.

The law sees fit to put few limits on the judge's power to sequence. The few limits are, in fact, quite narrow in application, and even narrower if properly understood. The Steel Co.-Ruhrgas rule generally requires a federal court to decide …

Derivatives And The Legal Origin Of The 2008 Credit Crisis, Lynn A. Stout

Cornell Law Faculty Publications

Experts still debate what caused the credit crisis of 2008. This Article argues that dubious honor belongs, first and foremost, to a little-known statute called the Commodities Futures Modernization Act of 2000 (CFMA). Put simply, the credit crisis was not primarily due to changes in the markets; it was due to changes in the law. In particular, the crisis was the direct and foreseeable (and in fact foreseen by the author and others) consequence of the CFMA’s sudden and wholesale removal of centuries-old legal constraints on speculative trading in over-the-counter (OTC) derivatives.

Derivative contracts are probabilistic bets on future events. …

Sex, Cells, And Sorna: Applying Sex Offender Registration Laws To Sexting Cases, Stephanie Gaylord Forbes

William & Mary Law Review

No abstract provided.

Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler

Faculty Publications

Although Congress did not put climate change legislation on President Obama’s desk, the Obama Administration still moved ahead with various regulatory measures to control GHG [greenhouse gas] emissions. Using authority under the Clean Air Act and other existing environmental statutes, the Environmental Protection Agency (EPA) and other agencies have been expanding existing regulatory programs to cover GHG emissions and address climate change concerns. Several measures are already in place and others are in the regulatory pipeline, although citizen suit litigation could produce still more.

The extension of federal regulatory authority to control GHG emissions under existing statutory frameworks is a …

Let Digital Technology Lay The Moral Right Of Integrity To Rest, Albert Fang

Connecticut Journal of International Law

Many countries protect the moral rights of artists out of a romantic notion that these rights arise out of a deep and inherent tie between artists and their work.' Chief among these rights is the right of integrity, through which artists may prevent changes and mutilation of their art, even if those works and their copyrights have been sold.' The United States has been reluctant to jump on the international moral rights bandwagon, which has earned the United States much criticism from scholars and commentators.' But the right of integrity is an outdated concept for several reasons, and when considered …