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Articles 1 - 30 of 41

Full-Text Articles in Law

The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading Dec 1992

The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading

Duke Law Journal

No abstract provided.


Rules Versus Standards: An Economic Analysis, Louis Kaplow Dec 1992

Rules Versus Standards: An Economic Analysis, Louis Kaplow

Duke Law Journal

This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …


Intention, Interpretation, And Stories, Jane B. Baron Dec 1992

Intention, Interpretation, And Stories, Jane B. Baron

Duke Law Journal

No abstract provided.


Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub Dec 1992

Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub

Duke Law Journal

No abstract provided.


Bank Insolvency Law Now That It Matters Again, Peter P. Swire Dec 1992

Bank Insolvency Law Now That It Matters Again, Peter P. Swire

Duke Law Journal

No abstract provided.


Journal Staff Dec 1992

Journal Staff

Duke Law Journal

No abstract provided.


When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon Nov 1992

When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon

Duke Law Journal

No abstract provided.


John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl Nov 1992

John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl

Duke Law Journal

No abstract provided.


Journal Staff Nov 1992

Journal Staff

Duke Law Journal

No abstract provided.


Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller Nov 1992

Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller

Duke Law Journal

No abstract provided.


Applying Fraudulent Conveyance Law To Leveraged Buyouts, Raymond J. Blackwood Nov 1992

Applying Fraudulent Conveyance Law To Leveraged Buyouts, Raymond J. Blackwood

Duke Law Journal

No abstract provided.


The Federal Sentencing Guidelines And Confrontation Rights, David A. Hoffman Nov 1992

The Federal Sentencing Guidelines And Confrontation Rights, David A. Hoffman

Duke Law Journal

No abstract provided.


Efficiency And Individualism, Gary Lawson Oct 1992

Efficiency And Individualism, Gary Lawson

Duke Law Journal

No abstract provided.


The Revival Of Skidmore V. Swift: Judicial Deference To Agency Interpretations After Eeoc V. Aramco, Jamie A. Yavelberg Oct 1992

The Revival Of Skidmore V. Swift: Judicial Deference To Agency Interpretations After Eeoc V. Aramco, Jamie A. Yavelberg

Duke Law Journal

No abstract provided.


Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck Oct 1992

Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck

Duke Law Journal

No abstract provided.


Does The Ncaa Play Fair? A Due Process Analysis Of Ncaa Enforcement Regulations, Robin J. Green Oct 1992

Does The Ncaa Play Fair? A Due Process Analysis Of Ncaa Enforcement Regulations, Robin J. Green

Duke Law Journal

No abstract provided.


Journal Staff Oct 1992

Journal Staff

Duke Law Journal

No abstract provided.


Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig Oct 1992

Ignorance Is Not Bliss: Responsible Corporate Officers Convicted Of Environmental Crimes And The Federal Sentencing Guidelines, Lisa Ann Harig

Duke Law Journal

No abstract provided.


Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin Jun 1992

Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin

Duke Law Journal

No abstract provided.


Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick Jun 1992

Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick

Duke Law Journal

No abstract provided.


Re-Inventing Rulemaking, E. Donald Elliott Jun 1992

Re-Inventing Rulemaking, E. Donald Elliott

Duke Law Journal

No abstract provided.


Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity Jun 1992

Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity

Duke Law Journal

No abstract provided.


Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony Jun 1992

Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony

Duke Law Journal

No abstract provided.


Journal Staff Jun 1992

Journal Staff

Duke Law Journal

No abstract provided.


The Rulemaking Continuum, Peter L. Strauss Jun 1992

The Rulemaking Continuum, Peter L. Strauss

Duke Law Journal

No abstract provided.


Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg Jun 1992

Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg

Duke Law Journal

No abstract provided.


Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas Jun 1992

Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas

Duke Law Journal

No abstract provided.


Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White Apr 1992

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

Duke Law Journal

No abstract provided.


Targeting Sports Agents With The Mail Fraud Statute: United States V. Norby Walters & Lloyd Bloom, Landis Cox Apr 1992

Targeting Sports Agents With The Mail Fraud Statute: United States V. Norby Walters & Lloyd Bloom, Landis Cox

Duke Law Journal

No abstract provided.


Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan Apr 1992

Securities Laws And The Social Costs Of Inaccurate Stock Prices, Marcel Kahan

Duke Law Journal

No abstract provided.