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Articles 1 - 30 of 35
Full-Text Articles in Law
Specified Issues In The United States Court Of Military Appeals: A Rationale, Robinson O. Everett
Specified Issues In The United States Court Of Military Appeals: A Rationale, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast
Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Child Sexual Abuse And Statements For The Purpose Of Medical Diagnosis Or Treatment, Robert P. Mosteller
Child Sexual Abuse And Statements For The Purpose Of Medical Diagnosis Or Treatment, Robert P. Mosteller
Faculty Scholarship
Two distinct rationales ensure the trustworthiness of hearsay evidence admitted under Federal Rule Evidence 803(4), which excepts statements for the purpose of medical diagnosis or treatment. First, a patient has a selfish interest in providing truthful information in order to obtain treatment. Second, a statement is reliable if a medical expert uses it to form a basis for diagnosis or treatment. Professor Mosteller examines how courts have analyzed and applied rule 803(4) in child sexual abuse cases, and concludes that their confusion of the two rationales has resulted in decisions which are theoretically, as well as constitutionally, infirm. He then …
Major Events In The Evolution Of American Community Property Law And Their Import To Equitable Distribution States, William A. Reppy Jr.
Major Events In The Evolution Of American Community Property Law And Their Import To Equitable Distribution States, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The Grammar Of Advice And Consent: Senate Confirmation Of Supreme Court Nominees, Madeline Morris
The Grammar Of Advice And Consent: Senate Confirmation Of Supreme Court Nominees, Madeline Morris
Faculty Scholarship
No abstract provided.
Presentation: Death Penalty Symposium, Walter E. Dellinger Iii
Presentation: Death Penalty Symposium, Walter E. Dellinger Iii
Faculty Scholarship
No abstract provided.
The Rebuilding Of Duke University's Law School, 1925-1947, Part 1, Robert F. Durden
The Rebuilding Of Duke University's Law School, 1925-1947, Part 1, Robert F. Durden
Faculty Scholarship
No abstract provided.
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Scholarship
This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Warrior Bards, Kevin Mccarthy, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst
Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell
The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Contradiction Between Soviet And American Human Rights Doctrine: Reconciliation Through Perestroika And Pragmatism, Doriane Lambelet Coleman
The Contradiction Between Soviet And American Human Rights Doctrine: Reconciliation Through Perestroika And Pragmatism, Doriane Lambelet Coleman
Faculty Scholarship
No abstract provided.
The Greening Of American Energy Policy, James Salzman, Ellyn R. Weiss
The Greening Of American Energy Policy, James Salzman, Ellyn R. Weiss
Faculty Scholarship
No abstract provided.
Foreword: Symposium On Law And Medicine, Clark C. Havighurst
Foreword: Symposium On Law And Medicine, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Ideology, Judicial Selection And Judicial Ethics, Erwin Chemerinsky
Ideology, Judicial Selection And Judicial Ethics, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Stereotypic Alchemy: Transformative Stereotypes And Antidiscrimination Law, Madeline Morris
Stereotypic Alchemy: Transformative Stereotypes And Antidiscrimination Law, Madeline Morris
Faculty Scholarship
No abstract provided.
Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling
Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling
Faculty Scholarship
No abstract provided.
A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast
A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast
Faculty Scholarship
A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …
Feminist Legal Methods, Katharine T. Bartlett
Feminist Legal Methods, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington
A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman
Faculty Scholarship
Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak
When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Resolving Mature Mass Tort Litigation, Francis Mcgovern
Resolving Mature Mass Tort Litigation, Francis Mcgovern
Faculty Scholarship
This is the third in a series of articles designed to propose a functional approach for managing complex litigation. These articles argue that sufficient flexibility exists in our civil litgation system to include and encourage evolving forms of dispute resolution and that effective judicial management and increased use of cooperative and inquisitorial techniques in experimental applications will lead inductively to superior approaches for coping with difficult cases. Part I of this article is a study of the Jenkins v. Raymark class action; Part II repeats the case study methodology examining In re A.H. Robins Company. Part III then proposes alternative …
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Foreword: The Vanishing Constitution, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman
Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett
Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Managing The Law Library In The 1990’S, Richard A. Danner
Managing The Law Library In The 1990’S, Richard A. Danner
Faculty Scholarship
No abstract provided.
Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, Jerome H. Reichman
Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Do Anti-Tax Shelter Rules Make Sense? A Reply To Professor Johnson, Lawrence A. Zelenak
Do Anti-Tax Shelter Rules Make Sense? A Reply To Professor Johnson, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.