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Articles 241 - 268 of 268
Full-Text Articles in Law
Twilight Or Just An Overcast Afternoon?, William H. Allen
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
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
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
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
The Constitution In The Supreme Court: 1921-1930, David P. Currie
Duke Law Journal
No abstract provided.
Foreword, Richard L. Schmalbeck
Tax Legislation In The Reagan Era—Movement To Or From A Consumption Base?, Charles O. Galvin
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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