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Articles 241 - 268 of 268

Full-Text Articles in Law

Twilight Or Just An Overcast Afternoon?, William H. Allen Apr 1986

Twilight Or Just An Overcast Afternoon?, William H. Allen

Duke Law Journal

No abstract provided.


Interpretative Rules With Legislative Effect: An Analysis And A Proposal For Public Participation, Kevin W. Saunders Apr 1986

Interpretative Rules With Legislative Effect: An Analysis And A Proposal For Public Participation, Kevin W. Saunders

Duke Law Journal

No abstract provided.


Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys’ Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth Feb 1986

Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys’ Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth

Duke Law Journal

No abstract provided.


The Uncertainty Principle In The Supreme Court, Craig M. Bradley Feb 1986

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Duke Law Journal

No abstract provided.


The Constitution In The Supreme Court: 1921-1930, David P. Currie Feb 1986

The Constitution In The Supreme Court: 1921-1930, David P. Currie

Duke Law Journal

No abstract provided.


Foreword, Richard L. Schmalbeck Oct 1985

Foreword, Richard L. Schmalbeck

Law and Contemporary Problems

No abstract provided.


Tax Legislation In The Reagan Era—Movement To Or From A Consumption Base?, Charles O. Galvin Oct 1985

Tax Legislation In The Reagan Era—Movement To Or From A Consumption Base?, Charles O. Galvin

Law and Contemporary Problems

No abstract provided.


Toward A Theory Of “Just Cause” In Employee Discipline Cases, Roger I. Abrams, Dennis R. Nolan Jun 1985

Toward A Theory Of “Just Cause” In Employee Discipline Cases, Roger I. Abrams, Dennis R. Nolan

Duke Law Journal

Although almost every collective bargaining agreement permits the employer to discipline an employee for "just cause," the concept of just cause is not well understood. Rather than leading to fair and consistent resolutions of disciplinary disputes, the concept, as applied in arbitration proceedings, has led to inconsistent results that fail to serve the interests of either management or labor. This article develops a systematic theory of just cause in employee discipline cases by exploring the fundamental understanding of the employment relationship and the effect of the collective bargaining agreement on the fundamental understanding. It presents a model of just cause, …


Employee Handbooks And Employment-At-Will Contracts, Richard Harrison Winters Feb 1985

Employee Handbooks And Employment-At-Will Contracts, Richard Harrison Winters

Duke Law Journal

No abstract provided.


Special Education In England And Wales, William G. Buss Jan 1985

Special Education In England And Wales, William G. Buss

Law and Contemporary Problems

No abstract provided.


Doctors And Hospitals: An Antitrust Perspective On Traditional Relationships, Clark C. Havighurst Dec 1984

Doctors And Hospitals: An Antitrust Perspective On Traditional Relationships, Clark C. Havighurst

Duke Law Journal

Under new pressures for cost containment, hospitals are increasingly asserting interests that conflict with those of physicians. Professor Havighurst argues that legal rules under which practitioners have challenged denials of hospital admitting privileges should be clarified in order that hospitals can more effectively carry out their new cost-containment and other responsibilities. He invokes antitrust law's "essential-facilities" doctrine to protect those abused by their competitors on a hospital staff, but he contends that, if a hospital participates in decisionmaking as an independent actor--even though it acts in concert with its physicians--, antitrust courts should lower the level of scrutiny to a …


Design Protection In Domestic And Foreign Copyright Law: From The Berne Revision Of 1948 To The Copyright Act Of 1976, J. H. Reichman Dec 1983

Design Protection In Domestic And Foreign Copyright Law: From The Berne Revision Of 1948 To The Copyright Act Of 1976, J. H. Reichman

Duke Law Journal

This is the first of two articles that study the complex interactions of the different branches of intellectual property law that seek to regulate the degree of protection to be accorded ornamental designs of useful articles. A circular pattern can be discerned in the treatment of these designs in both foreign and domestic law. Traditionally, the right to copyright protection is premised on a claim that certain industrial designs are entitled to legal recognition as art in the historical sense. The economic repercussions of such recognition flow principally from the industrial character of the material support in which ornamental designs …


The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie Sep 1983

The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie

Duke Law Journal

Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.


The Cumulative Impact Of Health, Environmental, And Safety Concerns On The Chemical Industry During The Seventies, Fred Hoerger, William H. Beamer, James S. Hanson Jul 1983

The Cumulative Impact Of Health, Environmental, And Safety Concerns On The Chemical Industry During The Seventies, Fred Hoerger, William H. Beamer, James S. Hanson

Law and Contemporary Problems

No abstract provided.


The Status Of Defrauded Securityholders In Corporate Bankruptcy, Kenneth B. Davis Jr. Feb 1983

The Status Of Defrauded Securityholders In Corporate Bankruptcy, Kenneth B. Davis Jr.

Duke Law Journal

No abstract provided.


The Historical Context Of Constitutional Change In Canada, Filippo Sabetti Oct 1982

The Historical Context Of Constitutional Change In Canada, Filippo Sabetti

Law and Contemporary Problems

No abstract provided.


Economic Underdevelopment And The Population Explosion: Implications For U.S. Immigration Policy, Richard R. Hofstetter Apr 1982

Economic Underdevelopment And The Population Explosion: Implications For U.S. Immigration Policy, Richard R. Hofstetter

Law and Contemporary Problems

No abstract provided.


American Immigration Policy: How Strait The Gate?, Franklin S. Abrams Apr 1982

American Immigration Policy: How Strait The Gate?, Franklin S. Abrams

Law and Contemporary Problems

No abstract provided.


Conflict Management In The Canadian Federal System, J. R. Mallory Jul 1981

Conflict Management In The Canadian Federal System, J. R. Mallory

Law and Contemporary Problems

No abstract provided.


Sagebrush And Snowshoes: The Struggle For Natural Resource Control In The United States And Canada, Gretchen E. Nagy Jul 1981

Sagebrush And Snowshoes: The Struggle For Natural Resource Control In The United States And Canada, Gretchen E. Nagy

Law and Contemporary Problems

No abstract provided.


Cutting The Gordian Knot: The Amending Process In Canada, W. H. Mcconnell Jul 1981

Cutting The Gordian Knot: The Amending Process In Canada, W. H. Mcconnell

Law and Contemporary Problems

No abstract provided.


Judicial Review Of Rulemaking: New Patterns And New Problems, Frederick Davis Apr 1981

Judicial Review Of Rulemaking: New Patterns And New Problems, Frederick Davis

Duke Law Journal

No abstract provided.


Judicial Review Of State Health Plans After The Health Planning And Resources Development Amendments Of 1979, Douglas L. Carter Apr 1981

Judicial Review Of State Health Plans After The Health Planning And Resources Development Amendments Of 1979, Douglas L. Carter

Duke Law Journal

No abstract provided.


Revisionism Revised? Airline Deregulation And The Public Interest, Michael E. Levine Jan 1981

Revisionism Revised? Airline Deregulation And The Public Interest, Michael E. Levine

Law and Contemporary Problems

No abstract provided.


Labor-Antitrust: The Problems Of Connell And A Remedy That Follows Naturally, Joseph T. Casey Jr., Michael J. Cozzillio Apr 1980

Labor-Antitrust: The Problems Of Connell And A Remedy That Follows Naturally, Joseph T. Casey Jr., Michael J. Cozzillio

Duke Law Journal

No abstract provided.


The Condominium Conversion Problem: Causes And Solutions, David A. Fine Apr 1980

The Condominium Conversion Problem: Causes And Solutions, David A. Fine

Duke Law Journal

No abstract provided.


Sections 9 And 10 Of The Rivers And Harbors Act Of 1899: The Erosion Of Administrative Control By Environmental Suits, David Lawrence Hankey Feb 1980

Sections 9 And 10 Of The Rivers And Harbors Act Of 1899: The Erosion Of Administrative Control By Environmental Suits, David Lawrence Hankey

Duke Law Journal

No abstract provided.


Foreword, William L. Webber Jan 1979

Foreword, William L. Webber

Law and Contemporary Problems

No abstract provided.