Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 136

Full-Text Articles in Law

Criminal Procedure: Miranda Warnings By Federal Officers Sufficient To Remove “Taint” Of Prior Unconstitutional State Interrogation Dec 1968

Criminal Procedure: Miranda Warnings By Federal Officers Sufficient To Remove “Taint” Of Prior Unconstitutional State Interrogation

Duke Law Journal

No abstract provided.


Federal Taxation: Pension Plan Vesting Differentials Not Per Se Discriminatory Dec 1968

Federal Taxation: Pension Plan Vesting Differentials Not Per Se Discriminatory

Duke Law Journal

No abstract provided.


Antitrust Proscription And The Mass Media, Arthur D. Austin Dec 1968

Antitrust Proscription And The Mass Media, Arthur D. Austin

Duke Law Journal

The shift in the business world's primary concern from one of greater industrial expansion to the present race in consumer motivation and concomitant marketing processes has elevated mass media to new importance in antitrust analytics. The author contends that the Supreme Court is moving far too slowly in accomodating the mass-media phenomenon to conventional antitrust wisdom. After examining the impact of mass media in the economic setting, and the Court's halting response, the author urges that only a radical change in antitrust perspective can hope to account for this institutional force in future decisions.


The Law Schools And The Negro, Ernest Gellhorn Dec 1968

The Law Schools And The Negro, Ernest Gellhorn

Duke Law Journal

No abstract provided.


Federal Tort Claims Act: Limitations Period For Wrongful Death Begins Running At Date Of Death Dec 1968

Federal Tort Claims Act: Limitations Period For Wrongful Death Begins Running At Date Of Death

Duke Law Journal

No abstract provided.


Securities Regulation: Legislative And Administrative Treatment Of The “Hot Issue” Phenomenon Dec 1968

Securities Regulation: Legislative And Administrative Treatment Of The “Hot Issue” Phenomenon

Duke Law Journal

Neither federal nor state laws, nor the rules of the National Association of Securities Dealers have centered on control of the serious matter of highly-inflated first-issue securities offerings. After discussing the factual context from which these "hot issues" arise, this comment digests the various means of dealing with "hot issues" within our current legal framework and suggests revisions of that framework to more effectively curtail the problem.


The Law Schools And The Negro, Ernest Gellhorn Dec 1968

The Law Schools And The Negro, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


Consumer Class Actions Under The Uniform Deceptive Trade Practices Act, Richard F. Dole Jr. Dec 1968

Consumer Class Actions Under The Uniform Deceptive Trade Practices Act, Richard F. Dole Jr.

Duke Law Journal

The Uniform Deceptive Trade Practices Act, presently in force in eight states, makes a private injunctive remedy available to "persons likely to be damaged" by misleading advertising, false disparagement, trade symbol infringement and other deceptive trade practices. This article explores the utility of the Uniform Act to individual consumers, and to groups of consumers. The procedural prerequisites of class actions under both the new and old versions of Rule 23 are considered in detail, and it is concluded that consumer class actions under the Uniform Act can provide an effective remedy for widespread and systematic consumer protection.


Declaratory Relief In Tucker Act Suits: A Broadening Of The Money-Judgment Jurisdiction Concept Dec 1968

Declaratory Relief In Tucker Act Suits: A Broadening Of The Money-Judgment Jurisdiction Concept

Duke Law Journal

Until recently the Court of Claims took a restricted view of the interrelationship of the Declaratory Judgment Act and its jurisdiction under the Tucker Act. Then in King v. United States these self-imposed jurisdictional limitations were disavowed, and for the first time the United States government was required to defend a declaratory judgment action relying solely on the tucker Act to establish jurisdiction. The rationale in King, as this note interprets it, raises broad questions touching the continued viability of the sovereign immunity concept as well as more particularized procedural problems for plaintiffs who seek the newly available declaratory relief.


A Listing Of Current Books Dec 1968

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Journal Staff Dec 1968

Journal Staff

Duke Law Journal

No abstract provided.


The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn Oct 1968

The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


Legislative Control Of Consumer Credit Transactions, Paul R. Moo Oct 1968

Legislative Control Of Consumer Credit Transactions, Paul R. Moo

Law and Contemporary Problems

No abstract provided.


Revolving Credit And Credit Cards, Alfred A. Burger Oct 1968

Revolving Credit And Credit Cards, Alfred A. Burger

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 1968

Journal Staff

Law and Contemporary Problems

No abstract provided.


Administration And Enforcement Under The Uniform Consumer Credit Code, Barbara A. Curran Oct 1968

Administration And Enforcement Under The Uniform Consumer Credit Code, Barbara A. Curran

Law and Contemporary Problems

No abstract provided.


The Impact Of The Uniform Consumer Credit Code Upon The Market For Consumer Installment Credit, Robert P. Shay Oct 1968

The Impact Of The Uniform Consumer Credit Code Upon The Market For Consumer Installment Credit, Robert P. Shay

Law and Contemporary Problems

No abstract provided.


Consumer Credit In The Affluent Society, David Caplovitz Oct 1968

Consumer Credit In The Affluent Society, David Caplovitz

Law and Contemporary Problems

No abstract provided.


Ad Hoc Compulsory Arbitration Statutes: The New Device For Settling National Emergency Labor Disputes Oct 1968

Ad Hoc Compulsory Arbitration Statutes: The New Device For Settling National Emergency Labor Disputes

Duke Law Journal

The recent labor disputes in the railroad and airline industries once again demonstrated the need for a legal device to avert work stoppages that would cause irreparable damage to the national economy. Although compulsory arbitration is almost universally opposed by both labor and management and had never before been imposed on American industry in peace time, Congress embraced a strictly limited form of this settlement process in enacting Public Laws 88-108 and 90-54. This comment reviews the recent experience under these two ad hoc statutes passed to prevent national rail strikes. The particular problems arising under these statutes, as well …


Standing: Urban Renewal Displacees May Challenge Redevelopment Plans Oct 1968

Standing: Urban Renewal Displacees May Challenge Redevelopment Plans

Duke Law Journal

No abstract provided.


Journal Staff Oct 1968

Journal Staff

Duke Law Journal

No abstract provided.


The New Federal Attack On The Loan Shark Problem, Walter D. Malcolm, John J. Curtin Jr. Oct 1968

The New Federal Attack On The Loan Shark Problem, Walter D. Malcolm, John J. Curtin Jr.

Law and Contemporary Problems

No abstract provided.


Trademark Licensing: The Problem Of Adequate Control Oct 1968

Trademark Licensing: The Problem Of Adequate Control

Duke Law Journal

The enactment of the Lanham Act in 1946 gave legislative sanction to the practice of licensing trademarks for use by persons other than the trademark owner. In granting this approval, the Act required concomitantly that the trademark owner "control" the nature and quality of goods produced by his licensees and carrying his trademark. An examination of post-1946 cases, however, reveals that some courts have upheld licensing agreements in which there was very little "control" and that courts generally have failed to scrutinize diligently the licensors' actual exercise of control. This comment seeks to examine the manner in which courts have …


Employment Opportunity: Class Membership For Title Vii Action Not Restricted To Parties Previously Filing Charges With The Eeoc Oct 1968

Employment Opportunity: Class Membership For Title Vii Action Not Restricted To Parties Previously Filing Charges With The Eeoc

Duke Law Journal

No abstract provided.


Judicial Assistance For The Foreign “Tribunal” Oct 1968

Judicial Assistance For The Foreign “Tribunal”

Duke Law Journal

The judicial assistance available to foreign governmental agencies in the United States was greatly expanded by the 1964 amendments to the federal assistance statute. Most significant was the insertion of the term "tribunal" to define the type of body which could secure aid from the federal courts. Judicial construction of the new term, however, has presented some difficulties resulting in the denial of assistance to foreign states. This note reviews the policy considerations and legislative history relevant to defining "tribunal," and posits factors to be weighed in establishing a more efficacious "tribunal" test.


Foreword, Clark C. Havighurst Oct 1968

Foreword, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.


The New Legislative Finance Charges: Disclosure, Freedom Of Entry, And Rate Ceilings, Robert W. Johnson Oct 1968

The New Legislative Finance Charges: Disclosure, Freedom Of Entry, And Rate Ceilings, Robert W. Johnson

Law and Contemporary Problems

No abstract provided.


Inadmissibility Of Wiretap Evidence In State Courts Oct 1968

Inadmissibility Of Wiretap Evidence In State Courts

Duke Law Journal

No abstract provided.


A Listing Of Current Books Oct 1968

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Deceptive Sales Practices And Form Contracts—Does The Consumer Have A Private Remedy?, Stephen L. Hester Oct 1968

Deceptive Sales Practices And Form Contracts—Does The Consumer Have A Private Remedy?, Stephen L. Hester

Duke Law Journal

We cannot be surprised that lawlessness breeds lawlessness. The subtle, sophisticated lawlessness of many slum merchants breeds the violent lawlessness of their victims. [Statement by Earl Johnson, Jr., Director, Legal Services Program, OEO, before the National Advisory Commission on Civil Disorders.