Recently added articles from Duke Law Journal:
Constraining public employee speech: government's control of its workers' speech to protect its own expression.
Oct 01, 2009; ... ABSTRACT This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights' of more than twenty million government workers. In ...
Rescuing the hero: the ramifications of expanding the duty to rescue on society and the law.
Oct 01, 2009; ... ABSTRACT The ongoing debate about the legal duty to rescue another person in peril is fraught with a familiar tension. On one side stands" the traditional and distinctly American determination that freedom from such a duty is essential, that the technical rules of tort law and ...
When insiders become outsiders: parental objections to public school sex education programs.
Oct 01, 2009; ... ABSTRACT This Note argues that parents' fundamental right to direct their children's moral and educational upbringing includes the right to exempt their children from objectionable sex education programs in public schools. Schools usurp parents' fundamental rights when they ...
The fiduciary duty in mutual fund excessive fee cases: ripe for reexamination.
Oct 01, 2009; ... ABSTRACT Congress imposed a fiduciary duty regarding compensation on investment advisors by adding Section 36(b) to the Investment Company Act of 1940. Legislators intended this fiduciary duty to protect mutual fund investors from excessive management fees. It has failed. Mutual ...
Pitfalls of empirical studies that attempt to understand the factors affecting appellate decisionmaking. (Thirty-Ninth Annual Administrative Law Symposium)
May 01, 2009; ... <Pre> TABLE OF CONTENTS Preface Introduction I. Limitations in Empirical Legal Studies A. Introduction B. The Attitudinal Model and Its Role in Empirical Legal Analysis 1. Historical Context--Simplistic Assumptions about the Nature ...