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Articles 1 - 30 of 50
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.
Tort Law And The Alternatives: Some Anglo-American Comparisons, P. S. Atiyah
Tort Law And The Alternatives: Some Anglo-American Comparisons, P. S. Atiyah
Duke Law Journal
No abstract provided.
A Student Defense Of Student Edited Journals: In Response To Professor Roger Cramton, Phil Nichols
A Student Defense Of Student Edited Journals: In Response To Professor Roger Cramton, Phil Nichols
Duke Law Journal
No abstract provided.
Evolutionism, Creationism, And Treating Religion As A Hobby, Stephen L. Carter
Evolutionism, Creationism, And Treating Religion As A Hobby, Stephen L. Carter
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.
Liberalism Doesn’T Exist, Stanley Fish
A Guide To Critical Legal Studies, David L. Gregory
A Guide To Critical Legal Studies, David L. Gregory
Duke Law Journal
Review of: A Guide to Critical Legal Studies. By Mark Kelman. Harvard University Press, Cambridge, Massachusetts and London, England, 1987.
Implied Private Rights Of Action Under The United States Housing Act Of 1937, Paul E. Harner
Implied Private Rights Of Action Under The United States Housing Act Of 1937, Paul E. Harner
Duke Law Journal
No abstract provided.
Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William Van Alstyne
Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William Van Alstyne
Duke Law Journal
Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the American Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …
The International Patent System And Third World Development: Reality Or Myth?, A. Samuel Oddi
The International Patent System And Third World Development: Reality Or Myth?, A. Samuel Oddi
Duke Law Journal
This article examines the impact on Third World countries of their membership in the international patent system. Professor Oddi begins by discussing the traditional rationale for the existence of a patent system. He concludes that although this rationale may have some validity for developed countries, the rationale is not applicable to developing countries. The institution of a patent system in a developing country may confer significant social costs on that country; membership in the international patent system may exacerbate those costs. For those countries that do belong to the international patent system, Professor Oddi suggests changes to ameliorate the costs …
A Reconciliation Of Henry And Wilson: The Intersection Of Constitutional Rights With Procedural Review, Louis D. Lappen
A Reconciliation Of Henry And Wilson: The Intersection Of Constitutional Rights With Procedural Review, Louis D. Lappen
Duke Law Journal
No abstract provided.
The Thirty-Fifth Law Clerk, Roger Clegg
The Thirty-Fifth Law Clerk, Roger Clegg
Duke Law Journal
Review of:The Tenth Justice: The Solicitor General and the Rule of Law. By Lincoln Caplan. Alfred A. Knopf, New York, New York, 1987.
What Are The Alternatives To Chicago?, Wesley J. Liebeler
What Are The Alternatives To Chicago?, Wesley J. Liebeler
Duke Law Journal
No abstract provided.
Fact, Value And Theory In Antitrust Adjudication, Herbert Hovenkamp
Fact, Value And Theory In Antitrust Adjudication, Herbert Hovenkamp
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
Duke Law Journal
This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …
Interest Groups, Antitrust, And State Regulation: Parker V. Brown In The Economic Theory Of Legislation, William H. Page
Interest Groups, Antitrust, And State Regulation: Parker V. Brown In The Economic Theory Of Legislation, William H. Page
Duke Law Journal
The Parker doctrine requires that state regulatory arrangements seeking exemption from federal antitrust law be clearly articulated by the state "as sovereign." Professor Page argues that the clear-articulation requirement is justified because it reinforces representative political processes. He rejects Professor Wiley's capture preemption approach and the Supreme Court's analysis in Fisher v. City of Berkeley, arguing that both misconceive the nature of governmental relationships with interest groups. Professor Page concludes that the essentially collective nature of economic regulation supports adherence to the clear-articulation requirement as the measure of political legitimacy.
Unraveling The Conundrum Of The Law Of Personal Jurisdiction: A Comment On Asahi Metal Industry Co. V. Superior Court Of California, Earl M. Maltz
Unraveling The Conundrum Of The Law Of Personal Jurisdiction: A Comment On Asahi Metal Industry Co. V. Superior Court Of California, Earl M. Maltz
Duke Law Journal
No abstract provided.
“Transfers By Check”: The 90-Day Rule Of Preference Recovery Under Section 547(B) Of The Bankruptcy Code, Lisa R. Reid
“Transfers By Check”: The 90-Day Rule Of Preference Recovery Under Section 547(B) Of The Bankruptcy Code, Lisa R. Reid
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 …
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.
Storytelling, Katharine T. Bartlett
Storytelling, Katharine T. Bartlett
Duke Law Journal
Review of: Abortion and Divorce in Western Law: American Failures, European Challenges. By Mary Ann Glendon. Harvard University Press, Cambridge, Massachussetts and London, England, 1987
Rethinking Excessive Force, R. Wilson Freyermuth
Rethinking Excessive Force, R. Wilson Freyermuth
Duke Law Journal
No abstract provided.
Redefining “Common Carrier”: The Fcc’S Attempt At Deregulation By Redefinition, Phil Nichols
Redefining “Common Carrier”: The Fcc’S Attempt At Deregulation By Redefinition, Phil Nichols
Duke Law Journal
No abstract provided.
Regulation Of Government Agencies Through Limitation Riders, Neal E. Devins
Regulation Of Government Agencies Through Limitation Riders, Neal E. Devins
Duke Law Journal
Congress often attaches limitation riders to appropriations bills to establish its policy directives. Professor Devins argues that the appropriations process is not the proper vehicle for substantive policymaking. In this article, he analyzes institutional characteristics that prevent the full consideration or articulation of policy in appropriations bills. Professor Devins also considers the extent to which Congress's use of limitation riders inhibits the effectiveness of the other branches of the federal government. Professor Devins concludes that, while Congress's use of limitation riders is sometimes necessary, Congress should be aware of the significant risks associated with policymaking through the appropriations process.
A Reply To Judge Starr’S Observations, Abner J. Mikva
A Reply To Judge Starr’S Observations, Abner J. Mikva
Duke Law Journal
No abstract provided.
Introductory Remarks, Marshall J. Breger