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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
Duke Law Journal
No abstract provided.
Federal Taxation: Pension Plan Vesting Differentials Not Per Se Discriminatory
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
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
Federal Tort Claims Act: Limitations Period For Wrongful Death Begins Running At Date Of Death
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
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
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.
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
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.
The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn
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
Legislative Control Of Consumer Credit Transactions, Paul R. Moo
Law and Contemporary Problems
No abstract provided.
Revolving Credit And Credit Cards, Alfred A. Burger
Revolving Credit And Credit Cards, Alfred A. Burger
Law and Contemporary Problems
No abstract provided.
Administration And Enforcement Under The Uniform Consumer Credit Code, Barbara A. Curran
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
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
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
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
Standing: Urban Renewal Displacees May Challenge Redevelopment Plans
Duke Law Journal
No abstract provided.
The New Federal Attack On The Loan Shark Problem, Walter D. Malcolm, John J. Curtin Jr.
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
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
Duke Law Journal
No abstract provided.
Judicial Assistance For The Foreign “Tribunal”
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
The New Legislative Finance Charges: Disclosure, Freedom Of Entry, And Rate Ceilings, Robert W. Johnson
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
Inadmissibility Of Wiretap Evidence In State Courts
Duke Law Journal
No abstract provided.
Deceptive Sales Practices And Form Contracts—Does The Consumer Have A Private Remedy?, Stephen L. Hester
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.