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Articles 1 - 30 of 49
Full-Text Articles in Law
Tax Expenditures: A Reassessment, Victor Thuronyi
Tax Expenditures: A Reassessment, Victor Thuronyi
Duke Law Journal
No abstract provided.
Sophisticated Investors Under The Federal Securities Laws, C. Edward Fletcher Iii
Sophisticated Investors Under The Federal Securities Laws, C. Edward Fletcher Iii
Duke Law Journal
No abstract provided.
Occupational Inequality, Deborah L. Rhode
Mechanikal Applications Of The Harmless Error Rule In Cases Of Prosecutorial Grand Jury Misconduct, Christopher M. Arfaa
Mechanikal Applications Of The Harmless Error Rule In Cases Of Prosecutorial Grand Jury Misconduct, Christopher M. Arfaa
Duke Law Journal
No abstract provided.
The Gospel According To Roberto: A Theological Polemic, H. Jefferson Powell
The Gospel According To Roberto: A Theological Polemic, H. Jefferson Powell
Duke Law Journal
No abstract provided.
Always A Borrower: Law And Other Disciplines, Phillip Areeda
Always A Borrower: Law And Other Disciplines, Phillip Areeda
Duke Law Journal
No abstract provided.
Beyond Metaphor: An Analysis Of Fiduciary Obligation, Deborah A. Demott
Beyond Metaphor: An Analysis Of Fiduciary Obligation, Deborah A. Demott
Duke Law Journal
No abstract provided.
Piloting The Preservation/Development Balance On The Wild And Scenic Rivers, Eric L. Hiser
Piloting The Preservation/Development Balance On The Wild And Scenic Rivers, Eric L. Hiser
Duke Law Journal
No abstract provided.
Unger And Milton, Stanley Fish
Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman
Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman
Duke Law Journal
No abstract provided.
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Duke Law Journal
No abstract provided.
The Agency Theory Of The Attorney-Client Relationship: An Improper Justification For Holding Clients Responsible For Their Attorneys’ Procedural Errors, William R. Mureiko
The Agency Theory Of The Attorney-Client Relationship: An Improper Justification For Holding Clients Responsible For Their Attorneys’ Procedural Errors, William R. Mureiko
Duke Law Journal
No abstract provided.
The Negligent Commercial Transaction Tort: Imposing Common Law Liability On Merchants For Sales And Leases To “Defective” Customers, Robert M. Howard
The Negligent Commercial Transaction Tort: Imposing Common Law Liability On Merchants For Sales And Leases To “Defective” Customers, Robert M. Howard
Duke Law Journal
No abstract provided.
The Department Of Defense’S Role In Free-World Export Licensing Under The Export Administration Act, Matthew W. Sawchak
The Department Of Defense’S Role In Free-World Export Licensing Under The Export Administration Act, Matthew W. Sawchak
Duke Law Journal
No abstract provided.
Delegation And Due Process, Donald A. Dripps
Vagueness And The Rule Of Law: Reconsidering Installment Land Contract Forfeitures, Eric T. Freyfogle
Vagueness And The Rule Of Law: Reconsidering Installment Land Contract Forfeitures, Eric T. Freyfogle
Duke Law Journal
No abstract provided.
Hazelwood School District And The Role Of First Amendment Institutions, Bruce C. Hafen
Hazelwood School District And The Role Of First Amendment Institutions, Bruce C. Hafen
Duke Law Journal
No abstract provided.
End Of An Era? The Decline Of Student Press Rights In The Wake Of Hazelwood School District V. Kuhlmeier, J. Marc Abrams, S. Mark Goodman
End Of An Era? The Decline Of Student Press Rights In The Wake Of Hazelwood School District V. Kuhlmeier, J. Marc Abrams, S. Mark Goodman
Duke Law Journal
No abstract provided.
A Reflection On The Independence Of Independent Agencies, James C. Miller Iii
A Reflection On The Independence Of Independent Agencies, James C. Miller Iii
Duke Law Journal
No abstract provided.
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters
Duke Law Journal
This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the history …
Life In The Administrative Track: Administrative Adjudication Of Claims Against Savings Institution Receiverships, Lawrence G. Baxter
Life In The Administrative Track: Administrative Adjudication Of Claims Against Savings Institution Receiverships, Lawrence G. Baxter
Duke Law Journal
INTRODUCTION In the modern financial services industry, thrifts 1 engage in an unprecedented range of complex and risky commercial transactions. Consequently, the receiver of a failed thrift, which in most cases is the Federal Savings and Loan Insurance Corporation (FSLIC) appointed by the Federal Home Loan Bank Board (FHLBB), 2 is likely to face a host of complex claims. These claims arise not only from the thrift's deposit liabilities but also from its investment transactions and the incidental disputes generated by such activities. The scene of a thrift failure is often already strewn with litigation, and the receivership itself is …
How Independent Are Independent Regulatory Agencies?, Alan B. Morrison
How Independent Are Independent Regulatory Agencies?, Alan B. Morrison
Duke Law Journal
No abstract provided.
“Political” Influence At The Fcc, Richard E. Wiley
“Political” Influence At The Fcc, Richard E. Wiley
Duke Law Journal
No abstract provided.
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
The Purposes And Limits Of Independent Agencies, Paul R. Verkuil
Duke Law Journal
The independent agency has been around for 100 years now, but we are still trying to understand how it best relates to the administration of government. Its popularity as an organizational mechanism is more a function of competing political forces within the legislative and executive branches than of any systematic analysis of its effectiveness. Yet one can discern reasons why independent agencies might be superior mechanisms for administering government programs if their structure and purpose are analyzed functionally. This essay proposes to do that and, in the process, reach some conclusions about both the potential and the limits of the …
Developments Under The Freedom Of Information Act—1987, Maria H. Benecki
Developments Under The Freedom Of Information Act—1987, Maria H. Benecki
Duke Law Journal
The twenty-first year of the Freedom of Information Act 1 (FOIA) saw reaction by the federal government to amendments passed in 1986. 2 The 1986 amendments directed federal agencies to charge lower fees for information requests by "news media" and "scientific and educational institutions" and higher fees for requests by "commercial users." 3 In order to ensure uniformity, Congress directed the Office of Management and Budget (OMB) to establish guidelines for determining whether a requester fits into any of the three categories. 4 The initial OMB proposal met resistance from both requesters and members of Congress. 5 The final guidelines …
Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.
Congressional Delegation Of Adjudicatory Power To Federal Agencies And The Right To Trial By Jury, Paul K. Sun Jr.
Duke Law Journal
The continued growth of the administrative bureaucracy and its increased impact on the rights and duties of citizens is a well-documented phenomenon of the twentieth century. 1 At the federal level, bureaucracy flourishes as Congress delegates ever more responsibility to agencies. 2 Within their statutorily defined fields, federal agencies typically perform the functions of rulemaking, enforcement and adjudication. 3 This note focuses on the adjudicatory function 4 and considers whether, when Congress creates a new statutory cause of action, 5 the seventh amendment 6 limits Congress's ability to delegate responsibility for adjudicating cases under that statute to a federal administrative …
Introduction: The Debate Over Independent Agencies In Light Of Empirical Evidence, Geoffrey P. Miller
Introduction: The Debate Over Independent Agencies In Light Of Empirical Evidence, Geoffrey P. Miller
Duke Law Journal
No abstract provided.