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Articles 31 - 60 of 136
Full-Text Articles in Law
Integrating The Uccc And The Ucc—Limitations On Creditors’ Agreements And Practices, William E. Hogan
Integrating The Uccc And The Ucc—Limitations On Creditors’ Agreements And Practices, William E. Hogan
Law and Contemporary Problems
No abstract provided.
The Regulation Of Consumer Credit Insurance, Frederick G. Davis, Wayne E. Etter, Harry Blythe, Peter F. Freund
The Regulation Of Consumer Credit Insurance, Frederick G. Davis, Wayne E. Etter, Harry Blythe, Peter F. Freund
Law and Contemporary Problems
No abstract provided.
Foreword, Clark C. Havighurst
Jurisdiction In Rem And The Attachment Of Intangibles: Erosion Of The Power Theory
Jurisdiction In Rem And The Attachment Of Intangibles: Erosion Of The Power Theory
Duke Law Journal
The arid conceptionalism of the power theory of state-court jurisdiction derived from Pennoyer v. Neff is nowhere more prevalent than in the exercise of jurisdiction based upon the attachment of intangible obligations. This comment discusses that vulnerable segment of current jurisdictional law in order to expose the theoretical and constitutional inadequacies of the Pennoyer power theory and its attendant differentiation between jurisdiction in rem and in personam. The comment proceeds by the following steps: first, consideration of the theoretical necessity for the in rem-in personam distinction under the power theory; second, observations on the erosion of the Pennoyer rationale; third, …
The Model Of Principles, George C. Christie
The Model Of Principles, George C. Christie
Duke Law Journal
H. L. A. Hart's work has dominated much of current jurisprudential discussion. In a recent article evaluating Hart's conclusion that the law consists of sets of rules in the application of which judges often have a large measure of discretion, Professor Dworkin of Yale concluded that judges do not in fact possess any such discretion because the judicial application of legal rules is controlled by what he calls legal principles. The author takes exception with Dworkin's conclusions and attacks the analytical framework of rules and principles upon which it is based.
Picketing For Area Standards: An Exception To Section 8(B)(7)
Picketing For Area Standards: An Exception To Section 8(B)(7)
Duke Law Journal
A union's picketing for area standards, requesting a non-union employer to provide the prevailing employment benefits offered by unionized operations in the locale, has been held by the National Labor Relations Board to be non-recognitional and hence beyond the purview of section 8(b)(7) of the LMRDA. In addition to evaluating the Board's distinction between bona fide area standards picketing and disguised recognitional picketing, this comment seeks to anticipate difficulties which the Board will encounter in attempting to specify the components of the economic package to which non-union employers may be requested to conform.
Criminal Procedure: Confession Solicited Without Notifying Appointed Counsel Held Admissible
Criminal Procedure: Confession Solicited Without Notifying Appointed Counsel Held Admissible
Duke Law Journal
No abstract provided.
Group Insurance Policies: The Employer/Insurer Agency Relationship
Group Insurance Policies: The Employer/Insurer Agency Relationship
Duke Law Journal
No abstract provided.
The Impotence Of Reticence, Philip B. Kurland
The Impotence Of Reticence, Philip B. Kurland
Duke Law Journal
The difficult national problems which have focused around the presidency in this election year have created renewed interest in theories of presidential power. In this article the author reviews the gravitation of power from the legislative to the executive branch, and, through an institutional analysis, discusses the difficulties created by the shift in balance. The conclusion is reached that rejuvenation of congressional authority is a prerequisite to the continuance of a free and stable American government.
The Race To Oligopoly, James Mci. Henderson, William H. Henderson
The Race To Oligopoly, James Mci. Henderson, William H. Henderson
Duke Law Journal
The recent significant increase in merger activity among the nation's large industrial corporations has become the subject of considerable concern. This article examines current developments in the merger area and appraises their effect upon the continuance of the competitive system. The authors view the implications of this merger trend against the backdrop of existing legislative controls, and posit guidelines for additional antitrust legislation to halt the "race to oligopoly."
Sex Discrimination In Employment: An Attempt To Interpret Title Vii Of The Civil Rights Act Of 1964
Sex Discrimination In Employment: An Attempt To Interpret Title Vii Of The Civil Rights Act Of 1964
Duke Law Journal
Four years have elapsed since the enactment of federal fair employment practice legislation banning sex discrimination which is not justified by a "bona fide occupational qualification." In delineating those employment practices which violate the sex discrimination proscription, however, lower federal courts and the Equal Employment Opportunity Commission have frequently reached conflicting conclusions. This comment compares those conclusions with the Act's legislative history and attempts to construct an analytical framework within which the meaning of the sex discrimination ban may be determined.
Fiduciary Suits Under Rule 10b-5
Fiduciary Suits Under Rule 10b-5
Duke Law Journal
SEC rule 10b-5 has continually expanded the federal sphere of corporate regulation. The rule's most recent encroachment upon state corporation law involves the derivative suit for breach of fiduciary duties. While the Maytag "deception requirement" temporarily impeded development in this area, the latest cases demonstrate that it no longer precludes 10b-5 application. This note analyzes the deception requirement under theories of imputed knowledge, reviews the limitations upon 10b-5 use, and posits a developing standard for 10b-5 violation.
Problems Of Minority Shareholders In Michigan Close Corporations, F. Hodge O'Neal, Walter G. Moeling Iv
Problems Of Minority Shareholders In Michigan Close Corporations, F. Hodge O'Neal, Walter G. Moeling Iv
Faculty Scholarship
No abstract provided.
Safety And Systems Analysis, With Applications To Traffic Safety, David M. Boodman
Safety And Systems Analysis, With Applications To Traffic Safety, David M. Boodman
Law and Contemporary Problems
No abstract provided.
Foreword, Clark C. Havighurst
Motor Vehicle Safety Regulation: Genesis, Crawford Morris
Motor Vehicle Safety Regulation: Genesis, Crawford Morris
Law and Contemporary Problems
No abstract provided.
Automobile Accidents, Tort Law, Externalities, And Insurance: An Economist’S Critique, William Vickrey
Automobile Accidents, Tort Law, Externalities, And Insurance: An Economist’S Critique, William Vickrey
Law and Contemporary Problems
No abstract provided.
Aviation Safety, Gary Fromm
Does The Fault System Optimally Control Primary Accident Costs?, Guido Calabresi
Does The Fault System Optimally Control Primary Accident Costs?, Guido Calabresi
Law and Contemporary Problems
No abstract provided.
The Economics Of Safety, Joseph J. Spengler
The Economics Of Safety, Joseph J. Spengler
Law and Contemporary Problems
No abstract provided.
Safey In Transportation: The Role Of Government, Lester B. Lave
Safey In Transportation: The Role Of Government, Lester B. Lave
Law and Contemporary Problems
No abstract provided.
Atomic Safety And Licensing Boards: An Experiment In Administrative Decision Making On Safety Questions, Arthur W. Murphy
Atomic Safety And Licensing Boards: An Experiment In Administrative Decision Making On Safety Questions, Arthur W. Murphy
Law and Contemporary Problems
No abstract provided.
Federal Arbitration Act And Application Of The “Separability Doctrine” In Federal Courts
Federal Arbitration Act And Application Of The “Separability Doctrine” In Federal Courts
Duke Law Journal
The classification of arbitration as "substantive" in Bernhardt v. Polygraphic Company jeopardized application of the federal Arbitration Act in diversity cases. However, in the recent case of Prima Paint Corporation v. Flood & Conklin Manufacturing Company, the Supreme Court found the Act to be a legitimate exercise of the federal commerce power and, hence, applicable in diversity cases involving arbitration agreements contained in interstate contracts. Furthermore, in interpreting the Act, the Court ruled that an arbitration provision is severable from other portions of an agreement for purposes of adjudicating contractual validity. However, by speaking only of federal court enforcement of …
Police And Prosecutor Practices And Attitudes Relating To Interrogation As Revealed By Pre- And Post-Miranda Questionnaires: A Construct Of Police Capacity To Comply, Cyril D. Robinson
Police And Prosecutor Practices And Attitudes Relating To Interrogation As Revealed By Pre- And Post-Miranda Questionnaires: A Construct Of Police Capacity To Comply, Cyril D. Robinson
Duke Law Journal
Both prior and subsequent to the Supreme Court decision in Miranda v. Arizona, the author sent questionnaires to police and prosecutors throughout the country soliciting information concerning their interrogation practices, the factors prompting these practices, and their attitudes toward recent trends in the law of interrogation. In this article the author analyzes the findings of this survey and concludes that judicial adoption of specific rules to govern police procedures is not likely to promote the creation of a rational system of criminal justice. For this reason, he suggests that there be a realignment of roles in which ultimate responsibility for …