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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 Oct 1968

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 Oct 1968

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 Oct 1968

Foreword, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.


A Listing Of Current Books Oct 1968

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Jurisdiction In Rem And The Attachment Of Intangibles: Erosion Of The Power Theory Aug 1968

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 Aug 1968

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) Aug 1968

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 Aug 1968

Criminal Procedure: Confession Solicited Without Notifying Appointed Counsel Held Admissible

Duke Law Journal

No abstract provided.


Group Insurance Policies: The Employer/Insurer Agency Relationship Aug 1968

Group Insurance Policies: The Employer/Insurer Agency Relationship

Duke Law Journal

No abstract provided.


The Impotence Of Reticence, Philip B. Kurland Aug 1968

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 Aug 1968

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 Aug 1968

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.


A Listing Of Current Books Aug 1968

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Journal Staff Aug 1968

Journal Staff

Duke Law Journal

No abstract provided.


Fiduciary Suits Under Rule 10b-5 Aug 1968

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 Jul 1968

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 Jul 1968

Safety And Systems Analysis, With Applications To Traffic Safety, David M. Boodman

Law and Contemporary Problems

No abstract provided.


Foreword, Clark C. Havighurst Jul 1968

Foreword, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.


Motor Vehicle Safety Regulation: Genesis, Crawford Morris Jul 1968

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 Jul 1968

Automobile Accidents, Tort Law, Externalities, And Insurance: An Economist’S Critique, William Vickrey

Law and Contemporary Problems

No abstract provided.


Aviation Safety, Gary Fromm Jul 1968

Aviation Safety, Gary Fromm

Law and Contemporary Problems

No abstract provided.


Does The Fault System Optimally Control Primary Accident Costs?, Guido Calabresi Jul 1968

Does The Fault System Optimally Control Primary Accident Costs?, Guido Calabresi

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 1968

Journal Staff

Law and Contemporary Problems

No abstract provided.


The Economics Of Safety, Joseph J. Spengler Jul 1968

The Economics Of Safety, Joseph J. Spengler

Law and Contemporary Problems

No abstract provided.


Safey In Transportation: The Role Of Government, Lester B. Lave Jul 1968

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 Jul 1968

Atomic Safety And Licensing Boards: An Experiment In Administrative Decision Making On Safety Questions, Arthur W. Murphy

Law and Contemporary Problems

No abstract provided.


Journal Staff Jun 1968

Journal Staff

Duke Law Journal

No abstract provided.


A Listing Of Current Books Jun 1968

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Federal Arbitration Act And Application Of The “Separability Doctrine” In Federal Courts Jun 1968

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 Jun 1968

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 …