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Full-Text Articles in Law
Indemnity Under Workers’ Compensation: Recognizing A Special Legal Relationship Between Manufacturer And Employer, Karen M. Moran
Indemnity Under Workers’ Compensation: Recognizing A Special Legal Relationship Between Manufacturer And Employer, Karen M. Moran
Duke Law Journal
No abstract provided.
Emerging Alternatives To Mutual Funds: Unit Investment Trusts And Other Fixed Portfolio Investment Vehicles, Thomas S. Harman
Emerging Alternatives To Mutual Funds: Unit Investment Trusts And Other Fixed Portfolio Investment Vehicles, Thomas S. Harman
Duke Law Journal
Thomas Harman offers a comprehensive analysis of the Unit Investment Trust. First, he defines the trust, examining the mechanics and participants associated with it. He then traces the development of the trust since its inception as a "fixed trust." Next he discusses the regulation of the trust by the Securites Acts of 1933 and 1940. Finally, he compares the unit investment trust with other investment vehicles.
Judge Frank H. Easterbrook: A Faithful Adherent Of The Law & (And) Economics Approach Advocated By Professor Frank H. Easterbrook
Law and Contemporary Problems
No abstract provided.
Foreword: Economists On The Bench, Jerome M. Culp
Foreword: Economists On The Bench, Jerome M. Culp
Law and Contemporary Problems
No abstract provided.
Legal And Economic Considerations In The Decisions Of Judge Breyer, Howard Latin
Legal And Economic Considerations In The Decisions Of Judge Breyer, Howard Latin
Law and Contemporary Problems
No abstract provided.
Economics And Judging: An Afterword On Cooter And Wald, Stephen G. Breyer
Economics And Judging: An Afterword On Cooter And Wald, Stephen G. Breyer
Law and Contemporary Problems
No abstract provided.
Antitrust, Law & Economics, And The Courts, Louis Kaplow
Antitrust, Law & Economics, And The Courts, Louis Kaplow
Law and Contemporary Problems
No abstract provided.
Liberty, Efficiency, And Law, Robert D. Cooter
Liberty, Efficiency, And Law, Robert D. Cooter
Law and Contemporary Problems
No abstract provided.
An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold
An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold
Law and Contemporary Problems
No abstract provided.
A Common Law Judge’S View Of The Appropriate Use Of Economics In Common Law Adjudication, Willis P. Whichard
A Common Law Judge’S View Of The Appropriate Use Of Economics In Common Law Adjudication, Willis P. Whichard
Law and Contemporary Problems
No abstract provided.
Rethinking Excessive Force, R. Wilson Freyermuth
Rethinking Excessive Force, R. Wilson Freyermuth
Duke Law Journal
No abstract provided.
The Tort Of Disparagement And The Developing First Amendment, Rawn Howard Reinhard
The Tort Of Disparagement And The Developing First Amendment, Rawn Howard Reinhard
Duke Law Journal
No abstract provided.
The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent
The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent
Duke Law Journal
Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …
Foreword: Issues In Extraterritoriality, Pamela B. Gann
Foreword: Issues In Extraterritoriality, Pamela B. Gann
Law and Contemporary Problems
No abstract provided.
Collective Goods, Mobile Resources, And Extraterritorial Trade Controls, Kenneth W. Abbott
Collective Goods, Mobile Resources, And Extraterritorial Trade Controls, Kenneth W. Abbott
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover
Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood
Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood
Law and Contemporary Problems
No abstract provided.
Heightened Scrutiny Of The Fourth Branch: Separation Of Powers And The Requirement Of Adequate Reasons For Agency Decisions, Sidney A. Shapiro, Richard E. Levy
Heightened Scrutiny Of The Fourth Branch: Separation Of Powers And The Requirement Of Adequate Reasons For Agency Decisions, Sidney A. Shapiro, Richard E. Levy
Duke Law Journal
Judicial review of administrative action is an inexact science. Professors Shapiro and Levy argue that this is partially because review of administrative actions is an unexplained science. In this article, they examine how the evolution of judicial review of agencies has reflected changing political values in American government. They argue that courts now require agencies to provide adequate reasons for their actions, and, by tracing the development of that requirement, they demonstrate that the courts have not fully explained the significance of or doctrinal basis for this model of review. The article concludes that the adequate reasons requirement is best …
Developments Under The Freedom Of Information Act—1986, Susan L. Beesley, Theresa A. Newman Glover
Developments Under The Freedom Of Information Act—1986, Susan L. Beesley, Theresa A. Newman Glover
Duke Law Journal
No abstract provided.
Legal Education In The Era Of Change: Law School Autonomy, James P. White
Legal Education In The Era Of Change: Law School Autonomy, James P. White
Duke Law Journal
No abstract provided.
Secured Credit And Bankruptcy: A Call For The Federalization Of Personal Property Security Law, David M. Phillips
Secured Credit And Bankruptcy: A Call For The Federalization Of Personal Property Security Law, David M. Phillips
Law and Contemporary Problems
No abstract provided.
Discovery And Testimony Of Unretained Experts: Creating A Clear And Equitable Standard To Govern Compliance With Subpoenas, Mark Labaton
Discovery And Testimony Of Unretained Experts: Creating A Clear And Equitable Standard To Govern Compliance With Subpoenas, Mark Labaton
Duke Law Journal
No abstract provided.
A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer
A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer
Duke Law Journal
No abstract provided.
Prostitution And Obscenity: A Comment Upon The Attorney General’S Report On Pornography, E. Edward Bruce
Prostitution And Obscenity: A Comment Upon The Attorney General’S Report On Pornography, E. Edward Bruce
Duke Law Journal
No abstract provided.
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Duke Law Journal
No abstract provided.