Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 67, No. 4, Autumn

Capitalism and Freedom-For Whom?: Feminist Legal Theory and Progressive Corporate Law
A widespread academic view is that the public corporation represents the natural selection of the fittest organizational adaption to the economies of scale, difficulties of agency costs, and problems of technology.... [T]he natural selection analogues...
Corporate Law or the Law of Business: Stakeholders and Corporate Governance at the End of History
I INTRODUCTION Corporate law is said to be witnessing "the end of history." (1) The long battle between the conservative, private, shareholder-wealth-maximization school of corporate legal thought and the progressive, public, stakeholder-protection/social-responsibility...
Democracy and the Dominance of Delaware in Corporate Law
I INTRODUCTION Delaware has a population less than one-third of one percent of the nation, but it is the state of incorporation for more than fifty percent of U.S. public companies and more than sixty percent of the Fortune 500. (1) Delaware's...
Disaggregating U.S. Interests in International Law
I INTRODUCTION After decades on the margins, international law is becoming a prominent force in virtually every area of domestic law. Teaching subjects such as procedure, bankruptcy, antitrust law, tax, and family law is increasingly difficult...
Foreword
This issue is the second of a two-part series--the product of the Fourth Annual Public Law Conference at Duke Law School--exploring the premise that "distinctive conservative and progressive legal 'visions' or 'ideologies' vie for influence within...
International Law, International Relations Theory, and Preemptive War: The Vitality of Sovereign Equality Today
I INTRODUCTION The norm of sovereign equality in international law is so resolutely canonical (1) that its precise meaning, origins, and justifications are rarely examined. (2) Whatever the general merits of the norm, its retention seems fairly...
Muss Es Sein? Not Necessarily, Says Tort Law
I INTRODUCTION When factions quarrel over whether tort law is progressive, (1) they broach a conversation that extends beyond labels and name-calling. Venues for the debate abound. In one, the tort reform battleground, on which millions of dollars...
Should Noncommercial Associations Have an Absolute Right to Discriminate?
I INTRODUCTION In Boy Scouts of America v. Dale, (1) the Supreme Court held that the Boy Scouts of America had the right to discriminate against gay people. The Court's opinion is so muddled that it is hard to know who, other than the Scouts...
Taking the Punishment out of the Process: From Substantive Criminal Justice through Procedural Justice to Restorative Justice
INTRODUCTION A. "When Justice is a Crime" (1) On October 10, 2003, the daily legal newspaper for metropolitan Atlanta carried a front page story about twenty-four people arrested in September for alleged traffic violations. They had spent anywhere...
The Future and Past of U.S. Foreign Relations Law
I INTRODUCTION Well before Iraq, the United States had carved for itself a reputation of a global power that tried not to concern itself with the rest of the globe, even, or perhaps especially, when it sent its armed forces abroad. The nation's...