Digital Commons Network^™

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Scholarship

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.

Contracts (1962), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. The 1961 Annual Suroey of American Law pointed to the Uniform Commercial Code as the most significant development in the law of contracts during recent years. This statute, with its many provisions affecting the rules of offer and acceptance, consideration, unconscionable agreements and other aspects of the contractual relationship, will undoubtedly have a substantial effect upon traditional contract concepts. At the very least, there has been a shift from the Willistonian rigidity to Llewellynian flexibility in contracts involving the sale of personal property. Furthermore, with the natural tendency of some courts to reason by analogy and apply the …

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. …

Proposed Revision Of New York Civil Practice, Jack B. Weinstein, Michael I. Sovern, Daniel H. Distler, Stanley H. Fuld

Faculty Scholarship

Our present Civil Practice Act is a patchwork affair; provisions have been changed and sections have been added and eliminated as the particular necessity of the times dictated, without any real regard for rational or integrated compilation.

The problem of revision has long confronted us. There has been none for more than 110 years. Very wisely, the Temporary Commission on the Courts directed such a revision, and in 1955 appointed an advisory committee consisting of outstanding attorneys of extensive and varied experience from all over the state. They were delegated to study and prepare appropriate legislation. The research and drafting …

Oppugnancy And Oppression In Close Corporations: Remedies In America And In Britain, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Interests And Policy Clashes In Conflict Of Laws, Robert Kramer

Faculty Scholarship

No abstract provided.

State Taxation Of Bankruptcy Liquidations: Federalism Misconceived, Neil S. Hecht

Faculty Scholarship

ONCE viewed as immune property within the custody of the federal sovereign, a bankrupt's estate is now generally subject to the same state and local taxes as are the property and activities of an individual. Judicial recognition that government services subsidized by state property taxes were ratably extended to property in the hands of the bankruptcy trustee engendered the initial inroad on this immunity. Subsequent federal legislation relegates agents or officers conducting businesses by authority of United States courts to the status of private parties for purposes of taxation. However, some courts have denied the imposition of state and local …

Legal Effect Of Voluntary Pooling And Unitization: Theories And Party Practice, Joseph J. French Jr, Frank W. Elliott

Faculty Scholarship

The pooling or combining of smaller tracts is a recognized and expanding practice in the oil and gas industry. Consequently, it is important to understand the precise legal effect of pooling and unitization. In a typical situation, if A owns tract 1 and B owns tract 2, and A and B lease their tracts to X and Y respectively, it is clear that B would not share in the production from a well located on A's tract. However, if tract 2 is pooled or unitized with tract 1, B would be permitted to share in the royalties from a …

The Role Of The Duke Legal Aid Clinic, John S. Bradway

Faculty Scholarship

No abstract provided.

Notes - Conflict Of Laws-Workmen's Compensation-Constitutional Law-Receipt Of Workmen's Comensation Benefits In Domiciliary State Does Not Bar A Tor Action In State Where Injury Occurred.-Carrol V. Lanza, 75 Sup. Ct. 804 (1955), Frank W. Elliott

Faculty Scholarship

The plaintiff sued to set aside a trustee's deed in favor of the defendant. After the case was set for trial on the jury docket, the court appointed a master in chancery. The plaintiff's objections to the appointment and to the master's report were overruled and he was not allowed to submit any evidence to the court, which adopted the master's findings. Held, reversed and remanded; the court is authorized to appoint a master only in exceptional cases and for good cause, and if the plaintiff objects to the report, he is entitled to a jury trial on the …

Notes - Jury—Trial—Appointment And Hearing By Master Does Not Affect Right To Jury Trial.—Creglar V. Hyde, Frank W. Elliott

Faculty Scholarship

The plaintiff sued to set aside a trustee's deed in favor of the defendant. After the case was set for trial on the jury docket, the court appointed a master in chancery. The plaintiff's objections to the appointment and to the master's report were overruled and he was not allowed to submit any evidence to the court, which adopted the master's findings. Held, reversed and remanded; the court is authorized to appoint a master only in exceptional cases and for good cause, and if the plaintiff objects to the report, he is entitled to a jury trial on the …

The Legal Aid Clinic Commodity, John S. Bradway

Faculty Scholarship

No abstract provided.

A Better Mouse Trap, John S. Bradway

Faculty Scholarship

No abstract provided.

Labor Contracts And The Taft-Hartley Act, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

The Place Of Skills In Legal Education, Charles Bunn, David F. Cavers, Judson F. Falknor, Lester W. Feezer

Faculty Scholarship

No abstract provided.

The Challenge To Organized Legal Aid, John S. Bradway

Faculty Scholarship

No abstract provided.

Proposed New Techniques In The Law Of Divorce, John S. Bradway

Faculty Scholarship

No abstract provided.

Lawyers And Morale, John S. Bradway

Faculty Scholarship

No abstract provided.

Benefits, Functions, And Procedures Of Small-Claims Courts, John S. Bradway

Faculty Scholarship

No abstract provided.

The Classroom Aspects Of Legal Aid Clinic Work, John S. Bradway

Faculty Scholarship

No abstract provided.

A Survey Of Statutory Changes In North Carolina In 1939, David F. Cavers

Faculty Scholarship

No abstract provided.

New Fields For The Legal Periodical, David F. Cavers

Faculty Scholarship

No abstract provided.

The Federal Government And The Crime Problem, Justin Miller

Faculty Scholarship

No abstract provided.

The Legal Aid Clinic As An Educational Device, John S. Bradway

Faculty Scholarship

No abstract provided.

Criminal Law—An Agency For Social Control, Justin Miller

Faculty Scholarship

No abstract provided.

A Lawyer Looks At A Lawyer’S Training, Leslie Craven

Faculty Scholarship

No abstract provided.

Organized Crime And Our Changing Criminal Law, Gordon E. Dean

Faculty Scholarship

No abstract provided.