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Duke Law

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Articles 3451 - 3480 of 3844

Full-Text Articles in Law

Competition In Health Services: Overview, Issues And Answers, Clark C. Havighurst Jan 1981

Competition In Health Services: Overview, Issues And Answers, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


The Regime Of Diplomacy And The Tehran Hostages, Kazimierz Grzybowski Jan 1981

The Regime Of Diplomacy And The Tehran Hostages, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


The Perils Of Writing An Intellectual History Of Torts (Review Essay), George C. Christie Jan 1981

The Perils Of Writing An Intellectual History Of Torts (Review Essay), George C. Christie

Faculty Scholarship

Reviewing, G. Edward White, Tort Law in America: An Intellectual History (1980)


A Comment: The Antitrust Challenge To Professionalism, Clark C. Havighurst Jan 1981

A Comment: The Antitrust Challenge To Professionalism, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


Sociopsychological Processes Underlying Attitudes Toward Legal Punishment, Neil Vidmar, Dale T. Miller Jan 1980

Sociopsychological Processes Underlying Attitudes Toward Legal Punishment, Neil Vidmar, Dale T. Miller

Faculty Scholarship

This paper develops a theoretical framework for investigating the socialpsychological dynamics of punishment reactions to criminal offenders. Two basic types of punishment motives are delineated: behavior control and retribution. The target, or focus, of these motives may be the offender or a broader social audience. Within each of the four cells defined by this classification, we review the literature describing how punishment responses are influenced by characteristics of the rule, the offense, and the offender, as well as by the attitude and personality of the reactor. A large number of empirically testable propositions are generated.


Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino Jan 1980

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Faculty Scholarship

No abstract provided.


The Wage-Loss Principle In Workers’ Compensation, Arthur Larson Jan 1980

The Wage-Loss Principle In Workers’ Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Socialist Countries In Gatt, K. Grzybowski Jan 1980

Socialist Countries In Gatt, K. Grzybowski

Faculty Scholarship

No abstract provided.


The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne Jan 1980

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.


Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter Jan 1980

Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The Mccarthy Era: History As Snapshot, Michael E. Tigar Jan 1980

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington Jan 1980

Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Variety, Policy And Constitutionality Of Product Liability Statutes Of Repose, Francis Mcgovern Jan 1980

The Variety, Policy And Constitutionality Of Product Liability Statutes Of Repose, Francis Mcgovern

Faculty Scholarship

No abstract provided.


Debt Collection From Married Californians: Problems Caused By Transmutations, Single-Spouse Management, And Invalid Marriage, William A. Reppy Jr. Jan 1980

Debt Collection From Married Californians: Problems Caused By Transmutations, Single-Spouse Management, And Invalid Marriage, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Legal Aspects Of Changing University Investment Strategies, George C. Christie Jan 1980

Legal Aspects Of Changing University Investment Strategies, George C. Christie

Faculty Scholarship

Until the early 1970's most private colleges and universities followed conservative investment strategies. To better finance the expanding scope of higher education, many private colleges and universities then began to move increasingly toward common stock. The total return on common stock in the seventies, however, proved insufficient to meet increasing budgetary requirements. In 1978, Duke University, following the lead of other private institutions, further diversified its portfolio by investing $2.16 million of unrestricted endowment funds in unimproved real property. In an analysis applicable to many private colleges and universities across the nation Prof. Christie assesses the legality of this strategy …


Rhetorical Styles On The Fuller Court, Walter F. Pratt Jan 1980

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Faculty Scholarship

No abstract provided.


The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin Jan 1979

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Faculty Scholarship

No abstract provided.


Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne Jan 1979

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.


Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne Jan 1979

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Scholarship

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Adjudication As A Private Good: A Comment, Paul D. Carrington Jan 1979

Adjudication As A Private Good: A Comment, Paul D. Carrington

Faculty Scholarship

Comment on William M. Landes & Richard A. Posner, Adjudication as a Private Good, 8 J. Legal Stud. 235 (1979).


Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter Jan 1979

Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


The Recurring Question Of The “Limited” Constitutional Convention, Walter E. Dellinger Iii Jan 1979

The Recurring Question Of The “Limited” Constitutional Convention, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


Passage Through International Straits: A Right Preserved In The Third United Nations Conference On The Law Of The Sea, Horace B. Robertson Jan 1979

Passage Through International Straits: A Right Preserved In The Third United Nations Conference On The Law Of The Sea, Horace B. Robertson

Faculty Scholarship

In 1971, when the negotiations leading to the development of a new treaty on the law of the sea were in their earliest stages, the head of the U.S. delegation, John R. Stevenson, declared that freedom of passage through international straits was an essential element of any agreement that would be acceptable to the United States.


The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne Jan 1979

The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne

Faculty Scholarship

When the unratified Constitution of 1787 came before the state conventions, one controversy more than any other nearly led to its rejection.


Merit Selection And Politics: Choosing A Judge Of The United States Court Of Appeals For The Fourth Circuit, Peter G. Fish Jan 1979

Merit Selection And Politics: Choosing A Judge Of The United States Court Of Appeals For The Fourth Circuit, Peter G. Fish

Faculty Scholarship

With lightning rapidity the Senate confirmed on August 11, 1978, President Carter's July 20th nomination of J. Dickson Phillips as Judge of the United States Court of Appeals for the Fourth Circuit.


The U.S. Fishery Conservation And Management Act 1976 - A Plan For Diplomatic Action, Kazimierz Grzybowski Jan 1979

The U.S. Fishery Conservation And Management Act 1976 - A Plan For Diplomatic Action, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


Civil Litigation And Jura Novit Curia, Lawrence G. Baxter Jan 1979

Civil Litigation And Jura Novit Curia, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Discrimination As A Field Of Law, Arthur Larson Jan 1979

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.


Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne Jan 1978

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF


Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr. Jan 1978

Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.