Digital Commons Network^™

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

Operation Of Joint Wills In Texas, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

Alexander Hamilton Frey: His Contributions To The Law Of Corporations And Business Associations, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Language And Law In Ethiopia, Fassil Abebe, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is twofold: first, to introduce our readers to the problems of legal terminology in Ethiopia's codes and to explain what the Faculty of Law has been attempting to achieve in this area; second, to give some specific examples, drawn from the procedural codes, of these language problem.

On Interpreting The Ethiopian Penal Code, Peter L. Strauss

Faculty Scholarship

The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.

Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus

Faculty Scholarship

This article considers case law relating to state actors and the racist practices of labor unions.

A Suggested Seminar In Student Rights, William W. Van Alstyne

Faculty Scholarship

The decade now passing away from us has bubbled with significant change in law school curricula, especially from the heat of recent developments in constitutional law.

Professionalism And Our Troubled Times, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Duke Law School, 1868-1968: A Sketch, W. Bryan Bolich

Faculty Scholarship

This paper constitutes the somewhat revised text of an address by the author at the Law Alumni Association Annual Luncheon Meeting and Duke Law School Centennial Observance, April 20, 1968.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Student As University Resident, William W. Van Alstyne

Faculty Scholarship

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

Electoral College - Its Defects And Dangers, The, John D. Feerick

Faculty Scholarship

In a few months we will witness the operation of the electoral college system of electing the President and Vice President of the United States. Due partly to the appearance of George C. Wallace's American Independent Party,' the 1968 election could be decided in the House of Representatives, where each state has one vote regardless of its population. The election seems certain to point up the perils in our present system. Although our system of electing the President is now under scrutiny by Congress, reform does not appear imminent. As in the case of presidential inability, a tragedy or near …

Slave-Raids Of The Ant Polyergus Lucidus Mayr, Mary Talbot

Faculty Scholarship

Since slave-making raids of t,he genus Polyergus are conspicuous and spectacular, they have been studied by a number of myrmecologists. Among these are Wheeler 9 IO), Forel (I928), Creighton (95o), and Dobrzanska and Dobrzanski (96o). This paper concerns the eastern "shining slave-maker," Polyeryus lucidus Mayr, on the. Edwin S. (]eorge Reserve in southeastern Michigan (Livingston County). Twenty-five colonies of this species have been found, scattered quite widely over the fields, on the a square miles of the Reserve. Most .of the. fields tend to be dry, wit’h Canada bluegrass (Poa compressa L.) the dominant grass and with forbes .such as …

Georgia’S Urgent Need For A Modern Corporation Statute, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Non-Economic Objectives And The Efficiency Properties Of Trade, Jagdish N. Bhagwati

Faculty Scholarship

It is well known (Kemp, 1962; Samuelson, 1962; Bhagwati, forthcoming) that, for a country with no monopoly power in trade (or domestic distortions), free trade (in the sense of a policy resulting in the equalization of domestic and foreign prices and hence excluding trade, production and consumption taxes, subsidies, and quantitative restrictions) is the optimal policy. It follows, therefore, that free trade is superior to no trade.

It has also been argued recently (Kemp, 1962), that, even in the case where there is monopoly power in trade, so that both no trade and free trade are suboptimal policies, it is …

Prolonging Life, George P. Fletcher

Faculty Scholarship

A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …

Book Review, Robinson O. Everett

Faculty Scholarship

Reviewing, Edward D. Re, Brief Writing and Oral Argument (3d ed. 1965)

The American Bar Foundation's Research Program For 1967, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

President's Crime Commission Report, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Mutuality Of Remedy In California Under Civil Code Section 3386, James D. Cox

Faculty Scholarship

No abstract provided.

School Segregation And Professor Avins’ History: A Defense Of Brown V. Board Of Education, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Book Review, George C. Christie

Faculty Scholarship

Reviewing Samuel Enoch Stumpf, Morality and the Law (1966)

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, Joseph Perillo

Faculty Scholarship

No abstract provided.

The Corporate Principal Place Of Business: A Resolution And Revision, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher

Faculty Scholarship

This slim volume contains the text of two lectures given by Professor Hart at the Hebrew University of Jerusalem in 1964. The first lecture, "Changing Conceptions of Responsibility," expresses concern at the turn in which the "liberal" criminal law reform movement in England has taken in connection with the law of criminal responsibility. Professor Hart takes issue with the stand of a leading reformer, Lady Wootton, who advocates abolition of the mens rea prerequisite to penal liability. In her view, the mental state of a harm-doer is relevant not to determining his penal liability (conviction), but only to the decision …

The Public Responsibility Of The Historian, James Hood

Faculty Scholarship

Transcript of a faculty lecture, The Public Responsibility of the Historian.

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

Faculty Scholarship

No abstract provided.

Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher

Faculty Scholarship

The Criminal Procedure Code of 1961 is one of Ethiopia's most recent codes, and one of the least "developed" in terms of published commentary and reported cases. In contrast to the "introduced" and "explained" Penal and Civil Codes, the Criminal Procedure Code has apparently been disowned by its drafters, none of whom have written a word of commentary on it. Its origins remain obscure, and at first glance it is difficult to see which, if any, "system" was its inspiration. In fact, it seems, the Code has roots in no single system, nor even in any single "family" of systems. …

Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher

Faculty Scholarship

Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.