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Articles 31 - 60 of 2209
Full-Text Articles in Law
Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii
Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii
University of Michigan Journal of Law Reform
Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …
Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn
Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn
University of Michigan Journal of Law Reform
While secured lenders may have been content to ride the crest of judicial legislation, the only permanent solution to the problem lie in amending either the Bankruptcy Act, the Uniform Commercial Code, or both. This at least is the view taken by the National Bankruptcy Conference's Committee on Coordination of the Uniform Commercial Code and Bankruptcy Act. Since its first meeting in June 1966, the Committee has focused its attention primarily upon the validity, in bankruptcy proceedings, of Article 9 security interests in after-acquired property. In September 1967, the Committee submitted to the Bankruptcy Conference its first draft of a …
Social Welfare -- The "Man In The House" Returns To Stay, C. Frank Goldsmith Jr.
Social Welfare -- The "Man In The House" Returns To Stay, C. Frank Goldsmith Jr.
North Carolina Law Review
No abstract provided.
Private International Law And Its Sources, Elliott E. Cheatham, Harold G. Maier
Private International Law And Its Sources, Elliott E. Cheatham, Harold G. Maier
Vanderbilt Law Review
Professors Cheatham and Maier raise the question, "What are the sources of the law applied in private international cases?" The authors consider this question under two main headings. The first deals with the "authoritative sources" of private international law applied in United States courts. It considers the question, Where, within the complex governmental structure of the United States, does power over private international matters rest?" Several possible sources are considered: public international law, state law, and federal law, and within federal law, the major components: international agreements, legislation, federal common law and executive law. The second part of the article …
Underground Gas Storage: Economic Needs And A Proposed Statutory Resolution Of Legal Obstacles, Steven Y. Winnick
Underground Gas Storage: Economic Needs And A Proposed Statutory Resolution Of Legal Obstacles, Steven Y. Winnick
University of Michigan Journal of Law Reform
Gas storage is necessary to equate the supply and demand for gas in different parts of the United States. Most areas of the country lack sufficient native gas supplies to meet their own demands for consumption, and commercial natural gas produced mainly in the southwest must be shipped to all parts of the country. The primary and most economical means of shipment is by pipelines. But during the winter months pipelines carrying capacity loads are incapable of meeting the demand for gas, especially for residential space heating. Contrariwise, capacity far exceeds demand during the warmer periods. This Article will discuss …
Draftsman: Formulation Of Policy, Carl Schier
Draftsman: Formulation Of Policy, Carl Schier
University of Michigan Journal of Law Reform
Most low income families rent their living accommodations; for them the lease arrangement is a precarious one at best. It is generally a periodic tenancy from week to week or month to month with the agreement rarely reduced to writing. If the allocation of rights and duties between the parties is spelled out by them at all, it is quite one-sided and normally delineates only what the tenant may and may not do. When there is no written agreement or when the writing is silent as to the obligations of the parties, the common law of landlord and tenant controls, …
Criminal Procedure: Miranda Warnings By Federal Officers Sufficient To Remove “Taint” Of Prior Unconstitutional State Interrogation
Duke Law Journal
No abstract provided.
Federal Taxation: Pension Plan Vesting Differentials Not Per Se Discriminatory
Federal Taxation: Pension Plan Vesting Differentials Not Per Se Discriminatory
Duke Law Journal
No abstract provided.
Antitrust Proscription And The Mass Media, Arthur D. Austin
Antitrust Proscription And The Mass Media, Arthur D. Austin
Duke Law Journal
The shift in the business world's primary concern from one of greater industrial expansion to the present race in consumer motivation and concomitant marketing processes has elevated mass media to new importance in antitrust analytics. The author contends that the Supreme Court is moving far too slowly in accomodating the mass-media phenomenon to conventional antitrust wisdom. After examining the impact of mass media in the economic setting, and the Court's halting response, the author urges that only a radical change in antitrust perspective can hope to account for this institutional force in future decisions.
Damages Assessed Against Insurers For Wrongful Failure To Pay, Terry B. Light
Damages Assessed Against Insurers For Wrongful Failure To Pay, Terry B. Light
William & Mary Law Review
No abstract provided.
Title Page, North Carolina Law Review
Board Of Editors, North Carolina Law Review
Board Of Editors, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Subject Index, North Carolina Law Review
Subject Index, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Table Of Cases, North Carolina Law Review
Table Of Cases, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Foreign Corporation Laws: The Loss Of Reason, William Laurens Walker
Foreign Corporation Laws: The Loss Of Reason, William Laurens Walker
North Carolina Law Review
No abstract provided.
Trespass To Land In North Carolina Part I -- The Substantive Law, Dan B. Dobbs
Trespass To Land In North Carolina Part I -- The Substantive Law, Dan B. Dobbs
North Carolina Law Review
No abstract provided.
Appraising The System Of Criminal Law, Its Processes And Administration, Kenneth Lawing Penegar
Appraising The System Of Criminal Law, Its Processes And Administration, Kenneth Lawing Penegar
North Carolina Law Review
No abstract provided.
Recent Developments In North Carolina Statutory And Case Law, North Carolina Law Review
Recent Developments In North Carolina Statutory And Case Law, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Administrative Law -- Private Search And Seizure, W. Lunsford Long
Administrative Law -- Private Search And Seizure, W. Lunsford Long
North Carolina Law Review
No abstract provided.
Civil Procedure -- Federal Rule Of Civil Procedure 50(D) -- Disposition Of Cases By The Court Of Appeals After Granting Judgment Notwithstanding The Verdict, Raleigh A. Shoemaker
Civil Procedure -- Federal Rule Of Civil Procedure 50(D) -- Disposition Of Cases By The Court Of Appeals After Granting Judgment Notwithstanding The Verdict, Raleigh A. Shoemaker
North Carolina Law Review
No abstract provided.
Constitutional Law -- Public School Authorities Regulating The Style Of A Student's Hair, John E. Bugg
Constitutional Law -- Public School Authorities Regulating The Style Of A Student's Hair, John E. Bugg
North Carolina Law Review
No abstract provided.
Criminal Law -- The Rehabilitative Ideal Activated By The Sentencing Process, Donald W. Stephens
Criminal Law -- The Rehabilitative Ideal Activated By The Sentencing Process, Donald W. Stephens
North Carolina Law Review
No abstract provided.
Evidence -- Lay Opinion As To Whether A Person Is Under The Influence Of Narcotics, Richard J. Bryan
Evidence -- Lay Opinion As To Whether A Person Is Under The Influence Of Narcotics, Richard J. Bryan
North Carolina Law Review
No abstract provided.
Labor Law -- Expulsion From A Union As An Unfair Labor Practice, Alexander P. Sands
Labor Law -- Expulsion From A Union As An Unfair Labor Practice, Alexander P. Sands
North Carolina Law Review
No abstract provided.
Real Property -- Disposition Of Diffused Surface Waters In North Carolina, William P. Aycock Ii
Real Property -- Disposition Of Diffused Surface Waters In North Carolina, William P. Aycock Ii
North Carolina Law Review
No abstract provided.
Religious Societies -- Church Property Disputes -- The Implied Trust Doctrine, Thomas B. Anderson
Religious Societies -- Church Property Disputes -- The Implied Trust Doctrine, Thomas B. Anderson
North Carolina Law Review
No abstract provided.
Torts -- Recent Extensions In Builder-Vendor's Liability For Defects, Richard F. Mitchell
Torts -- Recent Extensions In Builder-Vendor's Liability For Defects, Richard F. Mitchell
North Carolina Law Review
No abstract provided.
Uniform Commercial Code -- Estoppel -- Forged Indorsements, H. Irwin Coffield Iii
Uniform Commercial Code -- Estoppel -- Forged Indorsements, H. Irwin Coffield Iii
North Carolina Law Review
No abstract provided.
The Law Schools And The Negro, Ernest Gellhorn