Duke Law Journal back issues from December 2008:
Spending clause litigation in the Roberts Court.
Dec 01, 2008; ... ABSTRACT Throughout the Rehnquist Court's so-called federalism revolution, as the Court cut back on federal power under Article I and the Civil War Amendments, many commentators asserted that the spending power was next to go on the chopping block. But in the last years of the ...
Regulation with placebo effects.
Dec 01, 2008; ... ABSTRACT A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for ...
Constitutional secrecy: aligning national security letter nondisclosure provisions with First Amendment rights.
Dec 01, 2008; ... ABSTRACT First created in the 1980s, national security letters and their nondisclosure provisions evaded judicial review until 2004. These secretive investigative tools allow federal agencies such as the FBI to compel disclosure of information about hundreds of thousands of ...
Milberg's monopoly: restoring honesty and competition to the plaintiffs' bar.
Dec 01, 2008; ... ABSTRACT When the renowned plaintiffs' firm Milberg Weiss was indicted in 2006 for paying kickbacks to clients, most commentators saw the scandal as the product of five dishonest lawyers. This Note argues that the causes were more complex than the moral shortcomings of a few ...