Duke Law Journal back issues from October 2007:
Deciding death.
Oct 01, 2007; ... ABSTRACT When the Supreme Court is deciding death, how much does law matter? Scholars long have lamented the majoritarian nature of the Court's Eighth Amendment "evolving standards of decency" doctrine, but their criticism misses the mark. Majoritarian doctrine does not drive ...
Harmonization without consensus: critical reflections on drafting a substantive patent law treaty.
Oct 01, 2007; ... ABSTRACT In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the ...
Reining in the minister of justice: prosecutorial oversight and the superseder power.
Oct 01, 2007; ... ABSTRACT Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power This power and insulation from review invite abuse and public mistrust, shaking confidence in the ...
Protecting the least of these: a new approach to child pornography pandering provisions.
Oct 01, 2007; ... ABSTRACT The pandering of child pornography--selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution--facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering ...
Black and white and read all over: press protection after Branzburg.
Oct 01, 2007; ... In 1972, the Supreme Court handed the press an apparent resounding defeat in Branzburg v. Hayes, declaring that the Constitution provided reporters no privilege from testifying about their confidential sources. This Note uses previously unpublished materials from the Justices' personal ...
A measure of harmony: the orchestration of rule 32(h) with the "discordant symphony" of Booker.
Oct 01, 2007; ... Abstract Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the courts, Congress, and the general public. This Note examines one such challenge, considering the difficulties surrounding Federal Rule of Criminal Procedure 32(h) in light of ...