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Full-Text Articles in Law
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
Duke Law Journal
Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Duke Law Journal
No abstract provided.
Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow
Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow
Duke Law Journal
The adoption of interpretive rules and policy statemens is a vital part of the administrative process. These "nonlegislative" rules clarify the language of statutes and prior rules and give structure to agency discretionary powers. Courts have encountered difficulty in distinguishing legislative from nonlegislative rules because the practical impact of both kinds of rules may be the same. Regulatory reform proposals at both federal and state levels would require agencies to employ notice and comment procedures before adopting many nonlegislative rules. This article contends that such requirements would discourage agencies from adopting nonlegislative rules and thus would dramatically disserve the public …
The Ethics In Government Act Of 1978: Problems With The Attorney General’S Discretion And Proposals For Reform, Stephen Charles Mixter
The Ethics In Government Act Of 1978: Problems With The Attorney General’S Discretion And Proposals For Reform, Stephen Charles Mixter
Duke Law Journal
No abstract provided.
Corporate Wars And Choice Of Law, P. John Kozyris
Corporate Wars And Choice Of Law, P. John Kozyris
Duke Law Journal
On the occasion of the increase in corporate wars and takeover battles, the author examines the constitutional and conflict of laws issues involved in choosing the law to govern the internal affairs aspects of the defensive and offensive strategies and tactics used in the various confrontations. This leads to a review of recent judicial and legislative developments, including the antitakeover statutes, to an examination of the traditional and the new conflict-of-laws methodologies as they affect internal corporate affairs, and to an analysis of the implications of the due process, full faith and credit, and, especially, the commerce clauses of the …
The Failure Of Agency-Forcing: The Regulation Of Airborne Carcinogens Under Section 112 Of The Clean Air Act, John D. Graham
The Failure Of Agency-Forcing: The Regulation Of Airborne Carcinogens Under Section 112 Of The Clean Air Act, John D. Graham
Duke Law Journal
Professor Graham analyzes section 112 of the Clean Air Act, a provision intended by Congress to achieve ambitious regulatory ends by constraining agency discretion. The performance of the Environmental Protection Agency in implementing section 112 reveals flaws inherent in this "agency-forcing" approach to statutory design. In particular, section 112 directs the Agency to list formally those pollutants that it determines-without statutory guidance-to be "hazardous." This directive, added to the requirement that the Agency promulgate within short dead-lines very stringent rules regulating listed pollutants, has led to a lack of result that is perceived as bureaucratic footdragging. This lack of result …
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.