Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

The New Logic Of Affirmative Action, Charles W. Collier Dec 1995

The New Logic Of Affirmative Action, Charles W. Collier

Duke Law Journal

No abstract provided.


Provincialism In United States Courts , Patrick M. Mcfadden Nov 1995

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.


Back To The Future: From Critical Legal Studies Forward To Legal Realism, Or How Not To Miss The Point Of The Indeterminacy Argument, John Hasnas Oct 1995

Back To The Future: From Critical Legal Studies Forward To Legal Realism, Or How Not To Miss The Point Of The Indeterminacy Argument, John Hasnas

Duke Law Journal

No abstract provided.


Gatt And Nafta: Marrying Effective Dispute Settlement And The Sovereignty Of The Fifty States, Samuel C. Straight Oct 1995

Gatt And Nafta: Marrying Effective Dispute Settlement And The Sovereignty Of The Fifty States, Samuel C. Straight

Duke Law Journal

No abstract provided.


By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins Sep 1995

By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins

Cornell Law Review

No abstract provided.


The Role Of The Unconscious In The Perception Of Risks, Andrew F. Fritzsche Jun 1995

The Role Of The Unconscious In The Perception Of Risks, Andrew F. Fritzsche

RISK: Health, Safety & Environment (1990-2002)

Dr. Fritzsche argues that our world is too "rational" and that the psychology of the unconscious, as developed by Jung, can be key to understanding responses to hazards and to resolving conflicts that arise in the political management of risks.


Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman Apr 1995

Rupa And Former Partners: Cutting The Gordian Knot With Continuing Partnership Entities, Robert W. Hillman

Law and Contemporary Problems

Passage of the Revised Uniform Partnership Act (RUPA) brought change in the treatment of partnerships as entities rather than aggregates of their members. The nature of the Gordian knot that binds individuals associated in partnership and the lingering ties between individuals formerly associated in partnership are examined, and the hidden costs of continuity that RUPA imposes on withdrawing partners are evaluated.


Taking The Next Step In The Development Of New Human Rights: The Emerging Right Of Humanitarian Assistance To Restore Democracy, Lois E. Fielding Apr 1995

Taking The Next Step In The Development Of New Human Rights: The Emerging Right Of Humanitarian Assistance To Restore Democracy, Lois E. Fielding

Duke Journal of Comparative & International Law

No abstract provided.


Terror And The Law: The Unilateral Use Of Force And The June 1993 Bombing Of Baghdad, Alan D. Surchin Apr 1995

Terror And The Law: The Unilateral Use Of Force And The June 1993 Bombing Of Baghdad, Alan D. Surchin

Duke Journal of Comparative & International Law

No abstract provided.


Linking Statutory Forms, Larry E. Ribstein Apr 1995

Linking Statutory Forms, Larry E. Ribstein

Law and Contemporary Problems

Business association statutes may be "linked" in that rules from one statute are applied to a business form created under another statute; for example, the Uniform Partnership Act, the Uniform Limited Partnership Act and the Revised Uniform Limited Partnership Act provide that general partnership provisions apply to limited partnerships. An evaluation of this linkage is presented.


China’S Corporatization Experiment, Fang Liufang Apr 1995

China’S Corporatization Experiment, Fang Liufang

Duke Journal of Comparative & International Law

No abstract provided.


“One Country, Two Systems,” Three Law Families, And Four Legal Regions: The Emerging Inter-Regional Conflicts Of Law In China, Jin Huang, Andrew Xuefeng Qian Apr 1995

“One Country, Two Systems,” Three Law Families, And Four Legal Regions: The Emerging Inter-Regional Conflicts Of Law In China, Jin Huang, Andrew Xuefeng Qian

Duke Journal of Comparative & International Law

No abstract provided.


Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes Apr 1995

Fiduciary Duties And Rupa: An Inquiry Into Freedom Of Contract, J. Dennis Hynes

Law and Contemporary Problems

The Revised Uniform Partnership Act of 1994 (RUPA) section 404 establishes a comprehensive definition of partnership fiduciary duties and includes an express recognition of the unique position of a partner. The approach taken by RUPA endorses too great an invasion of the principle of freedom of contract among partners, and a change in the language of RUPA is proposed with the goal of expanding freedom of contract without abandoning the requirement of good faith.


Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal Apr 1995

Advancing The Search For Compromise: A Response To Professor Hynes, Allan W. Vestal

Law and Contemporary Problems

The contractarian and fiduciary-based positions of the Revised Uniform Partnership Act (RUPA) and the observation that RUPA is internally contradictory and does not consistently adopt either position are discussed. Professor Hynes' discussion of the waivability of fiduciary duties under RUPA is critiqued.


Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner Apr 1995

Rupa And Fiduciary Duty: The Texture Of Relationship, Donald J. Weidner

Law and Contemporary Problems

The fiduciary duty rules in the Revised Uniform Partnership Act of 1994 (RUPA) are discussed. RUPA represents a major and sufficient move toward a contractarian statement of the law.


Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott Apr 1995

Our Partners’ Keepers? Agency Dimensions Of Partnership Relationships, Deborah A. Demott

Law and Contemporary Problems

Many distinctive consequences of the relationship among partners stem from applicable norms of agency law, but basic agency norms applicable to incorporated businesses are fundamentally different. Agency doctrines that are distinctive to the partnership context are examined, and their consequences and rationales are explored.


Evaluating The Expertise Of Experts, Kristin S. Shrader-Frechette Mar 1995

Evaluating The Expertise Of Experts, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Professor Shrader-Frechette maintains that a rigid distinction between risk assessment and risk management is unwise. Concerned about procedural fairness, she argues that the public should have a voice in both.


Racial Justice In The Age Of The Global Economy: Community Empowerment And Global Strategy, Anthony D. Taibi Mar 1995

Racial Justice In The Age Of The Global Economy: Community Empowerment And Global Strategy, Anthony D. Taibi

Duke Law Journal

No abstract provided.


Congressional Risk Proposals, Dalton G. Paxman Mar 1995

Congressional Risk Proposals, Dalton G. Paxman

RISK: Health, Safety & Environment (1990-2002)

Dr. Paxman relates how an ambitious environmental agenda supported by the Administration and many members of the 103d Congress was ultimately derailed. He associates this with an apparently ever-growing interest in risk assessment.


Swimming Upstream: Trying To Enforce The 1992 North Pacific Salmon Treaty, Kelly R. Bryan Jan 1995

Swimming Upstream: Trying To Enforce The 1992 North Pacific Salmon Treaty, Kelly R. Bryan

Cornell International Law Journal

No abstract provided.


Senator Johnston's Proposals For Regulatory Reform: New Cost-Benefit-Risk Analysis Requirements For Epa, Linda-Jo Schierow Jan 1995

Senator Johnston's Proposals For Regulatory Reform: New Cost-Benefit-Risk Analysis Requirements For Epa, Linda-Jo Schierow

RISK: Health, Safety & Environment (1990-2002)

Dr. Schierow compares provisions designed to improve the development of regulations and promulgated by Reagan and Clinton Executive Orders with those in the Johnston Amendments.


Towards A Law Of Unarmed Conflict: A Proposal For A New International Law Of Hostility, Stephen C. Neff Jan 1995

Towards A Law Of Unarmed Conflict: A Proposal For A New International Law Of Hostility, Stephen C. Neff

Cornell International Law Journal

No abstract provided.


Satisfaction Of Claims Against Vietnam For The Expropriation Of U.S. Citizens’ Property In South Vietnam In 1975, Thomas J. Lang Jan 1995

Satisfaction Of Claims Against Vietnam For The Expropriation Of U.S. Citizens’ Property In South Vietnam In 1975, Thomas J. Lang

Cornell International Law Journal

No abstract provided.


Jury Service As Political Participation Akin To Voting , Vikram David Amar Jan 1995

Jury Service As Political Participation Akin To Voting , Vikram David Amar

Cornell Law Review

No abstract provided.


Our Juries Our Selves: The Power Perception And Politics Of The Civil Jury , Laura Gaston Dooley Jan 1995

Our Juries Our Selves: The Power Perception And Politics Of The Civil Jury , Laura Gaston Dooley

Cornell Law Review

No abstract provided.


Federal Defender Services: Serving The System Or The Client, John J. Cleary Jan 1995

Federal Defender Services: Serving The System Or The Client, John J. Cleary

Law and Contemporary Problems

Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.


2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen Jan 1995

2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen

Law and Contemporary Problems

Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."