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Articles 12091 - 12120 of 12202
Full-Text Articles in Entire DC Network
Legal Professions Of Italy, Joseph Perillo
The Research Program Of The American Bar Foundation, Geoffrey C. Hazard Jr.
The Research Program Of The American Bar Foundation, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Rationing Justice, Geoffrey C. Hazard Jr.
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne
In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie
Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie
Faculty Scholarship
No abstract provided.
The Duke Law School Legal Internship Project, Robinson O. Everett
The Duke Law School Legal Internship Project, Robinson O. Everett
Faculty Scholarship
Once a year this department will carry figures on law school registration. In addition it will provide a medium for the description of experiments in curriculum, teaching method, and administration. Like "comments," the typical law school development note will be characterized by brevity and informality; unlike them, it will be descriptive rather than argumentative and will deal primarily with devices which have been tested in actual operation. As a general rule, the authors will gladly answer inquiries and, to the extent available, upon request supply copies of materials referred to.
Volksgeist And A Piece Of Sulphur, Frank W. Elliott
Volksgeist And A Piece Of Sulphur, Frank W. Elliott
Faculty Scholarship
Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to …
Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick
Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick
Faculty Scholarship
On August 27, 1787, John Dickinson of Delaware asked the Constitutional Convention these vital questions: "What is the extent of the term 'disability' and who is to be the judge of it?" 'His questions regarding the provision on executive succession were never answered. Today, one hundred and seventy-six years later, they remain unanswered. They have been revived from time to time, usually when a President has died or become disabled. Hundreds of answers have been offered. None has been found acceptable. Although concern about the problem of presidential inability had been aroused by the Eisenhower illnesses in 1955, 1956 and …
Selected Forum Agreements In Western Europe, Joseph Perillo
Selected Forum Agreements In Western Europe, Joseph Perillo
Faculty Scholarship
No abstract provided.
Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern
Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern
Faculty Scholarship
Several labor cases recently decided by the Supreme Court have brought into issue a conflict between the NLRB's primary jurisdiction over matters subject to sections 7 and 8 of the NLRA and the doctrine that courts have jurisdiction to enforce collective agreements. Professor Sovern discusses these cases and argues that the Court properly decided that the principle of exclusive NLRB jurisdiction should yield in suits on collective agreements, but he criticizes the Court for not having articulated a satisfactory rationale in support of this result. After an analysis of the doctrine of preemption, he considers five types of labor-contract suits …
Collateral Estoppel And Foreign Judgments, Paul D. Carrington
Collateral Estoppel And Foreign Judgments, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
Faculty Scholarship
Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.
Toward A World Law A Reply, William W. Schwarzer
Toward A World Law A Reply, William W. Schwarzer
Faculty Scholarship
No abstract provided.
The Early Evolution Of The Common Law Writs: A Sketch, Geoffrey C. Hazard Jr.
The Early Evolution Of The Common Law Writs: A Sketch, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Executive Privilege In The Federal Courts, Paul Hardin Iii
Executive Privilege In The Federal Courts, Paul Hardin Iii
Faculty Scholarship
No abstract provided.
World Peace Through World Law: The Disarmament Problem, William W. Schwarzer
World Peace Through World Law: The Disarmament Problem, William W. Schwarzer
Faculty Scholarship
No abstract provided.
The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan
The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan
Faculty Scholarship
Judges have long recognized that the right to earn a living in any of the common occupations is among those fundamental interests which a democratic society should protect. Justice Bradley characterized it as an "inalienable right," and Justice Douglas asserted that it is "the most precious liberty that man possesses." Indeed, Mr. Justice Field viewed protection of this right as one of the distinguishing features of our republican institutions. That the right to earn a living is generally within the protective mantle of the Fourteenth Amendment is now long settled constitutional doctrine. Writing for a unanimous court in 1915, Mr. …
Civil Rights: A New Public Accommodations Law For Ohio, William W. Van Alstyne
Civil Rights: A New Public Accommodations Law For Ohio, William W. Van Alstyne
Faculty Scholarship
For the first time in the twentieth century, the Ohio Legislature has moved forcefully to protect the right of access to places of public accommodation from racial discrimination.
A Critique Of The Ohio Public Accommodations Law, William W. Van Alstyne
A Critique Of The Ohio Public Accommodations Law, William W. Van Alstyne
Faculty Scholarship
Since 1884, Ohio has modestly identified itself with the philosophy that enterprises which solicit the general public for private profit necessarily assume some responsibility not to deny arbitrarily the public's right to rely on their services and facilities.
Constructive Trust And Equitable Lien: Status Of The Conscious And The Innocent Wrongdoer In Equity, Henry P. Monaghan
Constructive Trust And Equitable Lien: Status Of The Conscious And The Innocent Wrongdoer In Equity, Henry P. Monaghan
Faculty Scholarship
The field of restitution, broadly considered, involves all those situations in which a person who holds property (or has consumed it) must deliver it (or its value) to the claimant in order to prevent the unjust enrichment of the holder. In this sense the ancient common law writs for the recovery of chattels or their value (detinue, replevin, and trover) and land (ejectment) are perceived to be restitutionary in character. A more modem development in the law courts, the allowance of quasi-contractual relief upon the common counts in general assumpsit, rests upon the same basis. In a leading English case, …
Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington
Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Recipients’ Rights Under An International Investment Code, Arthur Larson
Recipients’ Rights Under An International Investment Code, Arthur Larson
Faculty Scholarship
No abstract provided.
The Self-Judging Clause And Self-Interest, Arthur Larson
The Self-Judging Clause And Self-Interest, Arthur Larson
Faculty Scholarship
No abstract provided.
A Suggestion: The Family Lawyer, John S. Bradway
A Suggestion: The Family Lawyer, John S. Bradway
Faculty Scholarship
No abstract provided.
A Foreword To The Study Of The Uniform Commercial Code, Paul D. Carrington
A Foreword To The Study Of The Uniform Commercial Code, Paul D. Carrington
Faculty Scholarship
No abstract provided.
New Books And Recent Scholarship, F. Hodge O'Neal, Jordan Derwin, C. Edwin Chapman Jr.
New Books And Recent Scholarship, F. Hodge O'Neal, Jordan Derwin, C. Edwin Chapman Jr.
Faculty Scholarship
No abstract provided.
The Refugee Problem: An International Legal Tangle, John S. Bradway, Alona E. Evans
The Refugee Problem: An International Legal Tangle, John S. Bradway, Alona E. Evans
Faculty Scholarship
No abstract provided.
Break For The Farmers A Further Word, William W. Schwarzer
Break For The Farmers A Further Word, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Foreword: Workmen’S Compensation In Ohio, Arthur Larson
Foreword: Workmen’S Compensation In Ohio, Arthur Larson
Faculty Scholarship
No abstract provided.