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Duke Law

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Articles 3151 - 3180 of 3418

Full-Text Articles in Law

Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii Jan 1971

Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii

Faculty Scholarship

In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the Supreme Court held that a case of action for damages against federal law enforcement offices who violate the fourth amendment could be inferred directly from constitutional provisions. Through analysis of the reasoning which necessarily underlies such a holding, the author draws several general conclusions about the respective roles of the Court and Congres in creating and restricting remedies effectuating constitutional guarantees. He then applies his analysis to the possibilities for independant judicial creation of an action against governmental units and for legislative replacement of the exclusionary …


International Order And National Sovereignty - They Can Co-Exist, Arthur Larson Jan 1971

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.


Crime Without Punishment - Ex-Servicemen, Civilian Employees And Dependents, Robinson O. Everett, Laurent R. Hourcle Jan 1971

Crime Without Punishment - Ex-Servicemen, Civilian Employees And Dependents, Robinson O. Everett, Laurent R. Hourcle

Faculty Scholarship

No abstract provided.


Civilizing University Discipline, Paul D. Carrington Jan 1971

Civilizing University Discipline, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart Jan 1971

Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart

Faculty Scholarship

No abstract provided.


The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy Jan 1971

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.


Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn Jun 1970

Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson Jan 1970

Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson

Faculty Scholarship

No abstract provided.


Military Justice Is To Justice As …, Robinson O. Everett Jan 1970

Military Justice Is To Justice As …, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson Jan 1970

Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson Jan 1970

Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar Jan 1970

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term


Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar Jan 1970

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Toward A Judicial Administrator Of Limited Powers: Bankruptcy Crisis And The Administrative Office Of The United States Courts, Peter G. Fish Jan 1970

Toward A Judicial Administrator Of Limited Powers: Bankruptcy Crisis And The Administrative Office Of The United States Courts, Peter G. Fish

Faculty Scholarship

Administrative power in the federal judicial system is, like the system itself, decentralized.


Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi H. Golding Jan 1970

Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi H. Golding

Faculty Scholarship

No abstract provided.


The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet Jan 1970

The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet

Faculty Scholarship

No abstract provided.


Workmen’S Compensation Employer’S Independent Action Against Third Party, Arthur Larson Jan 1970

Workmen’S Compensation Employer’S Independent Action Against Third Party, Arthur Larson

Faculty Scholarship

No abstract provided.


Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye Nov 1969

Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye

Faculty Scholarship

No abstract provided.


Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski Oct 1969

Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran Apr 1969

Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran

Faculty Scholarship

No abstract provided.


The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne Jan 1969

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Just Compensation For Lessor And Lessee, John D. Johnston Jr. Jan 1969

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.


Lawyers At Lineups: Constitutional Necessity Or Avoidable Extravagance?, Frank T. Read Jan 1969

Lawyers At Lineups: Constitutional Necessity Or Avoidable Extravagance?, Frank T. Read

Faculty Scholarship

No abstract provided.


Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn Jan 1969

Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


The Attorney-Corporate Client Privilege, Harmar Brereton, A. Kenneth Pye, James R. Withrow Jr. Jan 1969

The Attorney-Corporate Client Privilege, Harmar Brereton, A. Kenneth Pye, James R. Withrow Jr.

Faculty Scholarship

No abstract provided.


Control Distribution Devices, F. Hodge O'Neal Jan 1969

Control Distribution Devices, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.


The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne Jan 1969

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere


New Frontiers, Michael E. Tigar Jan 1969

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Book Review, Michael E. Tigar Jan 1969

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Objectivity In The Law, George C. Christie Jan 1969

Objectivity In The Law, George C. Christie

Faculty Scholarship

No abstract provided.