Digital Commons Network^™

Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Criminal Justice 1968: Developments And Directions, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

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.

In Memoriam, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Lawyer's Role In Resistance, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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.

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …

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.

The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

Faculty Scholarship

This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Under this treatment, this examination discusses the growing sphere of student rights.

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.

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 …

Knowledge As A Factor In Determinig Priorities Under The Uniform Commercial Code , Carl Felsenfeld

Faculty Scholarship

Before the Uniform Commercial Code, a second secured party could not perfect his interest over a prior unperfected interest if he had knowledge of that prior interest. The Code, in contrast, promulgates a basic "first-to-file" priority rule in section 9-312(5). In this sharp departure from prior law, the knowledge factor is omitted. Other sections of Article 9, however, allude to certain aspects of the pre-Code knowledge requirements. Mr. Felsenfeld analyses the difficulties and incongruities which may arise from this lack of explicitness with regard to knowledge of prior security interests. He concludes that the courts may and should reconcile such …

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

Faculty Scholarship

No abstract provided.

Succession, John D. Johnston Jr.

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 Individual And The Public Service Enterprise In The New Industrial State, Joseph R. Grodin, Matthew O. Tobriner

Faculty Scholarship

No abstract provided.

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 …

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott

Faculty Scholarship

Spurred by the implementation of plans in Great Britain, New Zealand, and California; and by various other federal and state proposals, the concept of state compensation to victims of violent crimes has recently become the subject of wide public interest and intensive legal debate. In essence, the concept envisages some scheme by which the victims of crimes of violence can be compensated for any losses resulting from their criminally inflicted injuries.

Before any proposals based on this conception are adopted they should be shown to have a valid theoretical framework, supported by sound legal principles, with an effective and efficient …

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson

Faculty Scholarship

No abstract provided.

Constitutionality Of Subdivision Control Exactions The Quest For A Rationale, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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.

Contracts, Charles L. Knapp

Faculty Scholarship

No abstract provided.