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Full-Text Articles in Law
Felsher And Rosen: The Press In The Jury Box, Jerome A. Barron
Felsher And Rosen: The Press In The Jury Box, Jerome A. Barron
Duke Law Journal
No abstract provided.
Habeas Corpus: Unconstitutional Increase In Sentence Upon Retrial And Denial Of Credit For Time Served: Jaws Of The Same Vice
Duke Law Journal
No abstract provided.
Federal Taxation: Imposition Of Double Standard For Section 368 Reorganization In Liquidation-Reincorporation Setting
Duke Law Journal
No abstract provided.
The Local Rules Of Civil Procedure In The Federal District Courts—A Survey
The Local Rules Of Civil Procedure In The Federal District Courts—A Survey
Duke Law Journal
In conformity with the Federal Rules of Civil Procedure, each district court may specify its own specialized procedural regulations. In the subsequent exhaustive study the myriad of such local federal rules are collected and categorized into twenty-one subsections for purposes of critical analysis. The objective is not only to collate the various disparate rules but also to evaluate their efficacy, with each category treated in terms of its own particularized raison d'etre. Attention is also directed toward those areas in which a national standard might profitably be considered, a factor which necessarily must be weighed against the desirability of local …
Federal Procedure: Court Of Appeals Directs Judgment On Merits For Plaintiff Upon Interlocutory Appeal
Duke Law Journal
No abstract provided.
Tax Consequences Of Limitations Upon The Exercise Of Powers, Charles L. B. Lowndes
Tax Consequences Of Limitations Upon The Exercise Of Powers, Charles L. B. Lowndes
Duke Law Journal
No abstract provided.
Labor Law: Implementation Of Congressionally Declared National Labor Policy Precludes Invocation Of Doctrine Of Pre-Emption
Duke Law Journal
The Supreme Court has held that a ruling by the General Counsel of the National Labor Relations Board that no "employees," as defined by the National Labor Relations Act, were involved in a labor dispute precluded the possibility that picketing activities arising out of the dispute constituted a violation of section 8(b)(4)(B) of the act. In this circumstance, the Court held that the pre-emption doctrine should not be invoked when its application will tend to thwart federally established labor relations policy.
Unauthorized Practice Of Law: Bank Prohibited From Providing Estate Analysis Service
Unauthorized Practice Of Law: Bank Prohibited From Providing Estate Analysis Service
Duke Law Journal
The Ohio Supreme Court enjoined a national bank from providing "estate analysis" reports to prospective customers on the ground that this program involved the giving of legal advice by a lay institution. The decision affords salutary protection to the relevant public and professional interests which underlie the prohibition against the unauthorized practice of law.
Corporation Statutes: 1959-1966, Ernest L. Folk Iii
Corporation Statutes: 1959-1966, Ernest L. Folk Iii
Duke Law Journal
No abstract provided.
Federal Procedure: Erie-Hanna Rule Held Not To Compel Federal Application Of State Internal Affairs Doctrine
Duke Law Journal
In the instant decision the federal district court determined that it was not bound by a state rule which directed dismissal of actions involving the internal affairs of foreign corporations. In light of the "equal protection" guidelines laid down by Erie R. R. v. Tompkins and Hanna v. Plumer in order to ascertain the applicability of state law in diversity cases, significant questions are raised by the court's "substance-procedure" approach and its assertion that the area covered by the state rule had been pre-empted by the federal doctrine of "forum non conveniens" embodied in section 1404(a) of the Judicial Code.
Rossiter: 1787: The Grand Convention, William P. Murphy
Rossiter: 1787: The Grand Convention, William P. Murphy
Duke Law Journal
No abstract provided.
Movie Censorship: A Swiss Comparison, Francis William O'Brien
Movie Censorship: A Swiss Comparison, Francis William O'Brien
Duke Law Journal
Obscenity and censorship are perhaps the most unsettled areas of constitutional law in this country today. To many, the deep divisions and divergent attitudes of the Justices of the Supreme Court constitute an intolerable state of affairs for a functioning system of jurisprudence. This article will not present a panacea for these problems. But in an area where disagreement abounds, examination of the approach of another legal system can lead to clearer thinking, reorientation of analysis, and a better over-view of the entire area. Since many of the problems which have plagued the courts in this country have likewise been …
Labor Law: Supreme Court Provides An Imprimatur For Expanded Protection Of The Parochial Interests Of Private Disputants Under The Nlra
Duke Law Journal
The Supreme Court held that a party wholly successful in an unfair labor practice proceeding before the NLRB has a right to intervene in appellate review or enforcement proceedings. The Court recognized the existence of strong, albeit subordinate, private interests under the NLRA and seemingly utilized a balancing test to determine the nature and extent of the protection to be accorded such interests. The reasoning employed may also presage expanded procedural and remedial protection for private interests at every adjudicatory level.
Administrative Law: Congressional Criticism Of Ftc For Decision In Pending Case Held To Deprive Administrative Litigant Of Due Process
Duke Law Journal
In Pillsbury, the Fifth Circuit found a denial of due process because a Senate Subcommittee, hearing testimony from members of the Federal Trade Commission, criticized that body for its interpretation of the law applicable to a pending case. While the fact situation is unique, the holding should have significant ramifications for the judicial function of the administrative agencies generally.
Constitutional Law: Supreme Court Holds Pennsylvania Statute Imposing Costs On An Acquitted Defendant Void For Vagueness
Duke Law Journal
In sustaining the defendant's vagueness challenge, the Supreme Court rejected the State's contention that since the statute was "civil" in character, it did not have to meet the due process standard of certainty required of criminal statutes. The Court's language is susceptible of varying interpretations which, in turn, give rise to possibilities for novel applications of the void-for-vagueness doctrine.
Summary Jurisdiction In Bankruptcy: Katchen V. Landy And Questions Left Unanswered, William J. Rochelle Jr., John L. King
Summary Jurisdiction In Bankruptcy: Katchen V. Landy And Questions Left Unanswered, William J. Rochelle Jr., John L. King
Duke Law Journal
This article deals with a complex and conceptually difficult phase of bankruptcy law. It is not written for the beginner, for it does not contain all the background material necessary to effectuate a full understanding of the area. But it is extremely objective, and it exhaustively treats the relevant appellate court decisions. For the informed reader, therefore, it is both thought-provoking and an invaluable research tool.
International Conflict Of Laws: Limitations Imposed On Effect American Courts May Give To Foreign Confiscations
Duke Law Journal
Where a foreign government purports to confiscate its citizen's assets although located within the United States, the Second Circuit has held that both federal and state courts must deny effect to the confiscation unless it is consistent with United States law and policy. This result obtains because such a confiscatory decree constitutes an "act of state" within the category of actions deemed by the Supreme Court in Sabbatino to necessitate a uniform federal rule.
Labor Law: Union Fining As An Unfair Labor Practice Under Section 8(B)(1)(A)
Labor Law: Union Fining As An Unfair Labor Practice Under Section 8(B)(1)(A)
Duke Law Journal
Courts recently have utilized section 8(b)(1)(A) to strike at the traditional power of a labor union to fine its members, holding that certain fines impinge on rights guaranteed by the Taft-Hartley Act. This comment examines the problems involved in determining which fines are unfair labor practices and attempts to show how a section 8(b)(1)(A) remedy can be effectively integrated with previous state and federal regulation of internal union affairs.
Constructive Dividends: Taxing The Waiving Shareholder To The Extent Of Dividends Waived
Constructive Dividends: Taxing The Waiving Shareholder To The Extent Of Dividends Waived
Duke Law Journal
The Internal Revenue Service has established a policy of applying the constructive dividend doctrine when a shareholder waives his right to future undeclared dividends, where no bona fide business purpose exists for the waiver and where the benefited shareholder is a relative of the waiving shareholder. The Service has neither designated the business purposes which are to be regarded as legitimate nor announced what policy will prevail where both a bona fide business purpose and a substantial benefit to the waiving shareholder's relatives exist. However, case law in analogous tax areas indicates that the constructive dividend doctrine will not be …
Property Law: The Estates Of Missing Persons
Property Law: The Estates Of Missing Persons
Duke Law Journal
This comment compiles and critically analyzes the various statutory provisions enacted for the preservation and distribution of the property of missing and unaccounted-for persons. Special emphasis is given the recently enacted North Carolina statute because of its enlightened and comprehensive approach.
Norris: Mr. Justice Murphy And The Bill Of Rights, Woodford Howard
Norris: Mr. Justice Murphy And The Bill Of Rights, Woodford Howard
Duke Law Journal
No abstract provided.
The Malpractice Of Psychiatrists, Donald J. Dawidoff
The Malpractice Of Psychiatrists, Donald J. Dawidoff
Duke Law Journal
Problems relating to the legal standard of care to be imposed upon members of the medical profession have aroused increasing interest in recent years. Particularly difficult to define is the legal obligation on the part of the doctor growing out of the intimate relationship between a psychiatrist and his patient. In this article the author critically analyzes the rather sparse case law dealing with this variation of the physician-patient relation and sets down numerous guidelines in this still-developing area of the law.
Criminal Procedure—Supreme Court Narrows Scope Of Summary Procedures In Federal Criminal Contempt Convictions
Duke Law Journal
Under its power to supervise the administration of justice in the federal courts, the Supreme Court has severely circumscribed the use of summary proceedings to punish for contempt of court.
Baum And Stiles: The Silent Partners: Institutional Investors And Corporate Control; Austin: Proxy Contests And Corporate Reform; Rubner: The Ensnared Shareholder: Directors And The Modern Corporation, Lewis D. Gilbert
Duke Law Journal
No abstract provided.
Fremont-Smith: The Foundations And Government: State And Federal Law And Supervision, Charles O. Galvin
Fremont-Smith: The Foundations And Government: State And Federal Law And Supervision, Charles O. Galvin
Duke Law Journal
No abstract provided.
Federal Preemption: Governmental Interests And The Role Of The Supreme Court
Federal Preemption: Governmental Interests And The Role Of The Supreme Court
Duke Law Journal
This comment is an analysis of Supreme Court decisions in cases raising a substantial issue of preemption, not including cases involving the National Labor Relations Act and amending legislation. Inquiry is especially directed towards assessing the significance of the relative strengths of the state and federal governmental interests involved in each case.