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The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading Dec 1992

The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading

Duke Law Journal

No abstract provided.


Bank Insolvency Law Now That It Matters Again, Peter P. Swire Dec 1992

Bank Insolvency Law Now That It Matters Again, Peter P. Swire

Duke Law Journal

No abstract provided.


A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal Dec 1992

A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal

Alaska Law Review

No abstract provided.


When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon Nov 1992

When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon

Duke Law Journal

No abstract provided.


John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl Nov 1992

John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl

Duke Law Journal

No abstract provided.


Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman Oct 1992

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman

Law and Contemporary Problems

It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.


Efficiency And Individualism, Gary Lawson Oct 1992

Efficiency And Individualism, Gary Lawson

Duke Law Journal

No abstract provided.


The Unresolved Tension Between Trademark Protection And Free Movement Of Goods In The European Community, Robert S. Smith Oct 1992

The Unresolved Tension Between Trademark Protection And Free Movement Of Goods In The European Community, Robert S. Smith

Duke Journal of Comparative & International Law

No abstract provided.


Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos Oct 1992

Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos

Duke Journal of Comparative & International Law

No abstract provided.


Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho Oct 1992

Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho

Duke Journal of Comparative & International Law

No abstract provided.


Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck Oct 1992

Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck

Duke Law Journal

No abstract provided.


Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.


A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss Jun 1992

A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss

Alaska Law Review

No abstract provided.


Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin Jun 1992

Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin

Duke Law Journal

No abstract provided.


Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity Jun 1992

Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity

Duke Law Journal

No abstract provided.


Re-Inventing Rulemaking, E. Donald Elliott Jun 1992

Re-Inventing Rulemaking, E. Donald Elliott

Duke Law Journal

No abstract provided.


Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas Jun 1992

Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas

Duke Law Journal

No abstract provided.


Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White Apr 1992

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

Duke Law Journal

No abstract provided.


Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown Apr 1992

Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown

Law and Contemporary Problems

The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.


Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer Apr 1992

Nation, Duration, Violation, Harmonization: An International Copyright Proposal For The United States, David Nimmer

Law and Contemporary Problems

Throughout most of its history, the US has adopted copyright laws independent of the outside world. That changed in 1989 when Congress joined the Berne Convention.


The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre Apr 1992

The Tell-Tale “Heart”: Determining “Fair” Use Of Unpublished Texts, Karen Burke Lefevre

Law and Contemporary Problems

Copyright laws require that courts consider at least four factors in determining whether a quotation or close paraphrase of another's unpublished work without permission falls under "fair use." Several cases involving "fairuse" are discussed.


The Perils Of Positivism: A Response To Professor Quigley, Eugene V. Rostow Apr 1992

The Perils Of Positivism: A Response To Professor Quigley, Eugene V. Rostow

Duke Journal of Comparative & International Law

No abstract provided.


The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn Apr 1992

The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn

Duke Journal of Comparative & International Law

No abstract provided.


Understanding Fair Use, L. Ray Patterson Apr 1992

Understanding Fair Use, L. Ray Patterson

Law and Contemporary Problems

Prior to creation of the fair use doctrine, an author had a limited right to use another author's copyright. The origin of the fair use doctrine is examined.


Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan Apr 1992

Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan

Duke Law Journal

No abstract provided.


At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange Apr 1992

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.


Copyright, Paul Goldstein Apr 1992

Copyright, Paul Goldstein

Law and Contemporary Problems

The purpose of copyright laws is discussed. Copyright is essentially about protecting the autonomy of authors.


Invisible Cities: The Constitutional Status Of Direct Democracy In A Democratic Republic, Douglas H. Hsiao Apr 1992

Invisible Cities: The Constitutional Status Of Direct Democracy In A Democratic Republic, Douglas H. Hsiao

Duke Law Journal

No abstract provided.


Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps Jan 1992

Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps

Law and Contemporary Problems

The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.