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At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin Oct 1993

At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin

Law and Contemporary Problems

The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.


Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter Jan 1993

Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter

Law and Contemporary Problems

It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.


Nibbling On The Chancellor’S Toesies: A “Roguish” Concurrence With Professor Baxter, Keith R. Fisher Jan 1993

Nibbling On The Chancellor’S Toesies: A “Roguish” Concurrence With Professor Baxter, Keith R. Fisher

Law and Contemporary Problems

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.


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.


The Statute Of Limitations For Profession Malpractice In Alaska After Lee Houston & Associates, Ltd. V. Racine, Scott Lawrence Altes Jun 1992

The Statute Of Limitations For Profession Malpractice In Alaska After Lee Houston & Associates, Ltd. V. Racine, Scott Lawrence Altes

Alaska Law Review

No abstract provided.


Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington Feb 1992

Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington

Duke Law Journal

No abstract provided.


Free Speech In The United States And Canada, Kent Greenawalt Jan 1992

Free Speech In The United States And Canada, Kent Greenawalt

Law and Contemporary Problems

A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.


The Ec Directive On The Legal Protection Of Computer Software: New Law Governing Software Development, Alan K. Palmer, Thomas C. Vinje Jan 1992

The Ec Directive On The Legal Protection Of Computer Software: New Law Governing Software Development, Alan K. Palmer, Thomas C. Vinje

Duke Journal of Comparative & International Law

No abstract provided.


“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer Jul 1991

“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer

Law and Contemporary Problems

Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.


The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii Jul 1991

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.


Prison Overcrowding In Alaska: A Legislative Response To The Cleary Settlement, Bradford J. Tribble Jun 1991

Prison Overcrowding In Alaska: A Legislative Response To The Cleary Settlement, Bradford J. Tribble

Alaska Law Review

No abstract provided.


Not So Paradoxical: The Rationale For Technology-Based Regulation, Sidney A. Shapiro, Thomas O. Mcgarity Jun 1991

Not So Paradoxical: The Rationale For Technology-Based Regulation, Sidney A. Shapiro, Thomas O. Mcgarity

Duke Law Journal

No abstract provided.


S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff Apr 1991

S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff

Law and Contemporary Problems

S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.


Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel Feb 1991

Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel

Duke Law Journal

No abstract provided.


Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh Jan 1991

Juries And Justice: Are Malpractice And Other Personal Injuries Created Equal?, Randall R. Bovbjerg, Frank A. Sloan, Avi Dor, Chee Ruey Hsieh

Law and Contemporary Problems

A study analyzed the civil jury system and the difference in personal injury awards between automobile and "deep-pocket" defendants, especially in medical malpractice cases. Six conclusions were reached, including the finding that juries sometimes respond emotionally and award some objectively similar cases higher damages than others.


Catholic Social Services, Inc. V. C.A.A.: Best Interests And Statutory Construction Of The Indian Child Welfare Act, Douglas R. Nazarian Jun 1990

Catholic Social Services, Inc. V. C.A.A.: Best Interests And Statutory Construction Of The Indian Child Welfare Act, Douglas R. Nazarian

Alaska Law Review

No abstract provided.


Steering Committee Report Sep 1989

Steering Committee Report

Duke Law Journal

No abstract provided.


A Public Goods Approach To Calculating Reasonable Fees Under Attorney Fee Shifting Statutes, William R. Mureiko Apr 1989

A Public Goods Approach To Calculating Reasonable Fees Under Attorney Fee Shifting Statutes, William R. Mureiko

Duke Law Journal

No abstract provided.


Freedom Of Religion In Alaska: Interpreting The Alaska Constitution, Steven Keith Green Dec 1988

Freedom Of Religion In Alaska: Interpreting The Alaska Constitution, Steven Keith Green

Alaska Law Review

No abstract provided.


What Process Is Due? Unaccompanied Minors’ Rights To Deportation Hearings, Irene Scharf, Christine Hess Feb 1988

What Process Is Due? Unaccompanied Minors’ Rights To Deportation Hearings, Irene Scharf, Christine Hess

Duke Law Journal

No abstract provided.


Prosecuting Attorneys For Money Laundering: A New And Questionable Weapon In The War On Crime, Adam K. Weinstein Jan 1988

Prosecuting Attorneys For Money Laundering: A New And Questionable Weapon In The War On Crime, Adam K. Weinstein

Law and Contemporary Problems

No abstract provided.


Original Understanding And The Constitution, Michael E. Tigar Jan 1988

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Tribal Powers To Regulate Hunting In Alaska, Heather Noble Dec 1987

Tribal Powers To Regulate Hunting In Alaska, Heather Noble

Alaska Law Review

No abstract provided.


Limits On The Use Of Economic Analysis In Judicial Decisionmaking, Patricia M. Wald Oct 1987

Limits On The Use Of Economic Analysis In Judicial Decisionmaking, Patricia M. Wald

Law and Contemporary Problems

No abstract provided.


Antitrust, Law & Economics, And Politics, John J. Gibbons Oct 1987

Antitrust, Law & Economics, And Politics, John J. Gibbons

Law and Contemporary Problems

No abstract provided.


Legal Education In The Era Of Change: Law School Autonomy, James P. White Apr 1987

Legal Education In The Era Of Change: Law School Autonomy, James P. White

Duke Law Journal

No abstract provided.


The Law School Curriculum: The Process Of Reform, John C. Weistart Apr 1987

The Law School Curriculum: The Process Of Reform, John C. Weistart

Duke Law Journal

No abstract provided.


Afterword: Why Deans Quit, Paul D. Carrington Apr 1987

Afterword: Why Deans Quit, Paul D. Carrington

Duke Law Journal

No abstract provided.


Legal Education In The Recruitment Marketplace: Decades Of Change, Abbie Willard Thorner Apr 1987

Legal Education In The Recruitment Marketplace: Decades Of Change, Abbie Willard Thorner

Duke Law Journal

No abstract provided.