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Articles 3031 - 3060 of 3418
Full-Text Articles in Law
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Socialist Countries In Gatt, K. Grzybowski
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Scholarship
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter
Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Mccarthy Era: History As Snapshot, Michael E. Tigar
The Mccarthy Era: History As Snapshot, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington
Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Variety, Policy And Constitutionality Of Product Liability Statutes Of Repose, Francis Mcgovern
The Variety, Policy And Constitutionality Of Product Liability Statutes Of Repose, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Debt Collection From Married Californians: Problems Caused By Transmutations, Single-Spouse Management, And Invalid Marriage, William A. Reppy Jr.
Debt Collection From Married Californians: Problems Caused By Transmutations, Single-Spouse Management, And Invalid Marriage, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
Legal Aspects Of Changing University Investment Strategies, George C. Christie
Legal Aspects Of Changing University Investment Strategies, George C. Christie
Faculty Scholarship
Until the early 1970's most private colleges and universities followed conservative investment strategies. To better finance the expanding scope of higher education, many private colleges and universities then began to move increasingly toward common stock. The total return on common stock in the seventies, however, proved insufficient to meet increasing budgetary requirements. In 1978, Duke University, following the lead of other private institutions, further diversified its portfolio by investing $2.16 million of unrestricted endowment funds in unimproved real property. In an analysis applicable to many private colleges and universities across the nation Prof. Christie assesses the legality of this strategy …
Rhetorical Styles On The Fuller Court, Walter F. Pratt
Rhetorical Styles On The Fuller Court, Walter F. Pratt
Faculty Scholarship
No abstract provided.
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
Faculty Scholarship
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Scholarship
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Adjudication As A Private Good: A Comment, Paul D. Carrington
Adjudication As A Private Good: A Comment, Paul D. Carrington
Faculty Scholarship
Comment on William M. Landes & Richard A. Posner, Adjudication as a Private Good, 8 J. Legal Stud. 235 (1979).
Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter
Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
The Recurring Question Of The “Limited” Constitutional Convention, Walter E. Dellinger Iii
The Recurring Question Of The “Limited” Constitutional Convention, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
Passage Through International Straits: A Right Preserved In The Third United Nations Conference On The Law Of The Sea, Horace B. Robertson
Passage Through International Straits: A Right Preserved In The Third United Nations Conference On The Law Of The Sea, Horace B. Robertson
Faculty Scholarship
In 1971, when the negotiations leading to the development of a new treaty on the law of the sea were in their earliest stages, the head of the U.S. delegation, John R. Stevenson, declared that freedom of passage through international straits was an essential element of any agreement that would be acceptable to the United States.
The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne
The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne
Faculty Scholarship
When the unratified Constitution of 1787 came before the state conventions, one controversy more than any other nearly led to its rejection.
Merit Selection And Politics: Choosing A Judge Of The United States Court Of Appeals For The Fourth Circuit, Peter G. Fish
Merit Selection And Politics: Choosing A Judge Of The United States Court Of Appeals For The Fourth Circuit, Peter G. Fish
Faculty Scholarship
With lightning rapidity the Senate confirmed on August 11, 1978, President Carter's July 20th nomination of J. Dickson Phillips as Judge of the United States Court of Appeals for the Fourth Circuit.
The U.S. Fishery Conservation And Management Act 1976 - A Plan For Diplomatic Action, Kazimierz Grzybowski
The U.S. Fishery Conservation And Management Act 1976 - A Plan For Diplomatic Action, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Discrimination As A Field Of Law, Arthur Larson
Discrimination As A Field Of Law, Arthur Larson
Faculty Scholarship
No abstract provided.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.
Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst
Faculty Scholarship
In Volume 3, Number 3 of this journal, Professor Havighurst* wrote a brief Comment in which he observed that the function of health care cost-containment regulation is the rationing of health care resources, and argued that the fostering of health care consumers' and providers' free choice in the competitive marketplace is preferable to conventional cost-containment regulation as a mechanism for such rationing. He briefly outlined various reforms, including changes in federal tax treatment of health insurance premiums, aimed at implementing his ap- proach. Subsequently, in a Comment in Volume 4, Number 1, Stephen M.Weiner, then Chairman of the Massachusetts Rate …
The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii
The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
A Preliminary Report On The Bakke Case, William W. Van Alstyne
A Preliminary Report On The Bakke Case, William W. Van Alstyne
Faculty Scholarship
This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.
Health Maintenance Organizations And The Health Planners, Clark C. Havighurst
Health Maintenance Organizations And The Health Planners, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.
Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.
Faculty Scholarship
The possibility of abolishing the general diversity jurisdiction of the federal courts has received increasing attention with the passage of an abolition bill by the House of Representatives in 1978. Discussion of abolition has tended to focus on such issues as the importance of reducing federal court caseloads, the appropriateness of transferring state law cases to state courts, and the extent to which prejudice against out-of-staters survives in state courts. Professor Rowe suggests that there would be several little-noticed but significant effects of abolishing diversity jurisdiction. He argues that abolition would elminate or greatly reduce some of the major difficulties …
The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Scholarship
No abstract provided.