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Warrior Bards, Kevin Mccarthy, Michael E. Tigar Jan 1989

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Major Events In The Evolution Of American Community Property Law And Their Import To Equitable Distribution States, William A. Reppy Jr. Jan 1989

Major Events In The Evolution Of American Community Property Law And Their Import To Equitable Distribution States, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Foreword: Symposium On Law And Medicine, Clark C. Havighurst Jan 1989

Foreword: Symposium On Law And Medicine, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


Ideology, Judicial Selection And Judicial Ethics, Erwin Chemerinsky Jan 1989

Ideology, Judicial Selection And Judicial Ethics, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Presentation: Death Penalty Symposium, Walter E. Dellinger Iii Jan 1989

Presentation: Death Penalty Symposium, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington Jan 1989

A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Managing The Law Library In The 1990’S, Richard A. Danner Jan 1989

Managing The Law Library In The 1990’S, Richard A. Danner

Faculty Scholarship

No abstract provided.


Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling Jan 1989

Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling

Faculty Scholarship

No abstract provided.


Specified Issues In The United States Court Of Military Appeals: A Rationale, Robinson O. Everett Jan 1989

Specified Issues In The United States Court Of Military Appeals: A Rationale, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman Jan 1989

Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman

Faculty Scholarship

Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …


When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak Jan 1989

When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst Jan 1989

Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


Resolving Mature Mass Tort Litigation, Francis Mcgovern Jan 1989

Resolving Mature Mass Tort Litigation, Francis Mcgovern

Faculty Scholarship

This is the third in a series of articles designed to propose a functional approach for managing complex litigation. These articles argue that sufficient flexibility exists in our civil litgation system to include and encourage evolving forms of dispute resolution and that effective judicial management and increased use of cooperative and inquisitorial techniques in experimental applications will lead inductively to superior approaches for coping with difficult cases. Part I of this article is a study of the Jenkins v. Raymark class action; Part II repeats the case study methodology examining In re A.H. Robins Company. Part III then proposes alternative …


The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell Jan 1989

The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Foreword: The Vanishing Constitution, Erwin Chemerinsky Jan 1989

Foreword: The Vanishing Constitution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky Jan 1989

The Constitution Is Not ‘Hard Law’: The Bork Rejection And The Future Of Constitutional Jurisprudence, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Contradiction Between Soviet And American Human Rights Doctrine: Reconciliation Through Perestroika And Pragmatism, Doriane Lambelet Coleman Jan 1989

The Contradiction Between Soviet And American Human Rights Doctrine: Reconciliation Through Perestroika And Pragmatism, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.


Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox Jan 1989

Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox

Faculty Scholarship

This paper describes the historical fiduciary obligations of the American outside director and contrasts those obligations with prevailing obligations in today’s environment of the monitoring director. Special attention is devoted to the role of outside directors when their firm is the target of a takeover. In no other context are the demands on the outside director greater and more strain placed on the monitoring model than in the context of a corporate takeover. The final section of this paper examines the relief modern statutory provisions provide to the director and the monitoring function


The Rebuilding Of Duke University's Law School, 1925-1947, Part 2, Robert F. Durden Jan 1989

The Rebuilding Of Duke University's Law School, 1925-1947, Part 2, Robert F. Durden

Faculty Scholarship

No abstract provided.


Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne Jan 1989

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.


A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast Jan 1989

A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast

Faculty Scholarship

A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …


Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast Jan 1989

Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman Jan 1989

Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett Jan 1989

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh Jan 1989

Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh

Faculty Scholarship

"New voices" of future lawyers are particularly important in the area of civil rights because racial problems are theirs to confront in the next decades. Teaching techniques developed by Paulo Freire have facilitated the enlistment of students in the racial struggle. By these techniques teachers, as well as students, learn through sharing, and students become active participants, rather than passive observers, in the learning process. The educational process, Freire counsels, ''must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are simultaneously teachers and students. In the fall of 1988, two …


Joint And Several Liability Minnesota Style, Michael K. Steenson Jan 1989

Joint And Several Liability Minnesota Style, Michael K. Steenson

Faculty Scholarship

This article examines the rule of joint and several liability as it was adopted, modified, and applied in Minnesota circa 1989. The article first examines the judicial origins and applications of the rule in Minnesota. It then analyzes the impact of the comparative negligence and fault legislation on the rule of joint and several liability, including the limitations imposed on the rule in 1978, 1986, and 1988. Finally, it makes some suggestions for interpreting joint and several liability legislation that are consistent with the legislative history of the legislation as well as with Minnesota Supreme Court decisions concerning aggregation under …


Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen Jan 1989

Feeding The Permanently Unconscious And Terminally Ill Or Dying Is Not Always Compassion, Phebe Saunders Haugen

Faculty Scholarship

A surrogate decision maker may conclude that efforts to mechanically provide liquid nourishment would cause considerable suffering in return for little gain. But such a decision is unquestionably one that can produce great conflict for families and for medical caregivers. Assessment must be made of each patient's situation and of the benefits and burdens that will result if tube feeding is withheld or withdrawn. It may well be, however, that in some cases, the most humane and compassionate treatment for a patient is the withdrawal of all technological interventions, including those that supply nourishment.


A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray Jan 1989

A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray

Faculty Scholarship

No abstract provided.


A Primer On California Water Transfer Law, Brian E. Gray Jan 1989

A Primer On California Water Transfer Law, Brian E. Gray

Faculty Scholarship

No abstract provided.


Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr. Jan 1989

Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.