Digital Commons Network^™

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.

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 New Jersey Estoppel Statute In Subdivision Control Administration, Leo M. Romero

Faculty Scholarship

Subdivision control statutes allow a municipality to supervise the subdivision of land in the public interest. As part of the subdivision approval process, state enabling acts authorize municipalities to require the developer to install paved streets, drainage and sewage facilities, water supplies, and other improvements that are necessary to the development. While emphasizing the necessity of protecting the public by requiring these necessary improvements, courts and legislatures have neglected to give the developer the assurance of certainty that these requirements, once imposed, will not later be changed. This assurance is necessary, as the developer must be able to rely on …

The Federal Air Pollution Program, Leo M. Romero

Faculty Scholarship

An awareness of the awesome threat-both to our health and to our economy-posed by a polluted atmosphere has long been widespread. Only recently, however, has concern been translated into conduct on the part of those whose initiative is essential if we are to meet one of the most technical challenges of our industrial society.

The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt

Faculty Scholarship

The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …

More On The Equivalence Of Tariffs And Quotas, Jagdish N. Bhagwati

Faculty Scholarship

In an earlier paper on the equivalence of tariffs and quotas [1], I argued that this equivalence – defined such that a tariff would lead to a level of imports which, if alternatively set as a quota, would generate the same implicit tariff – followed from the assumptions of competitive domestic production, supply of imports, and holding of quotas. This universality of competitiveness sufficed to guarantee equivalence, as defined. It was further argued that a departure from these assumptions could, in general, destroy this equivalence and several such departures were analyzed: (1) perfect competition in domestic production replaced by pure …

Comparison Of Isobar Production In Pp And P̅N Interactions At 2.8 Gev/C, William J. Fickinger

Faculty Scholarship

The reactions pp→N*++(1238)n and p̅ n→N̅ *--(1238)p at 2.8 GeV/c incident laboratory momentum are analyzed with the Brookhaven National Laboratory 20-in. bubble chamber. Isobar and anti-isobar production differential cross sections and decay angular distributions are compared with the predictions of an absorptive single-pion-exchange model. The absolute values, shapes, and ratios of the cross sections are in good agreement with the theory when the absorptive parameters γ1 and γ2 are 0.033 and 0.016 for the p̅ n reaction, and 0.057 and 0.019, respectively, for the pp reaction.

Single And Multiple Pion Production In Π⁺N And Π‾P Interactions At 1.7 Gev/C, William J. Fickinger, D. K. Robinson

Faculty Scholarship

Meson production in π-p and π+n interactions at 1.7 GeV/c has been studied in two bubble-chamber exposures. Combined results are presented with emphasis on single-pion production (4300 events) which is dominated by the formation of the ρ0 meson in peripheral interactions, and on double-pion production (1100 events) which shows strong formation of the ω meson. These data are compared with the predictions of particle-exchange models, including absorption, and the effects of competing channels are discussed. Evidence for a two-pion decay mode of the ω is examined quantitatively. Processes with higher meson multiplicities are described.

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.

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

Faculty Scholarship

No abstract provided.

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Book Review, George C. Christie

Faculty Scholarship

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

Book Review, Robinson O. Everett

Faculty Scholarship

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

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 …

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

Faculty Scholarship

No abstract provided.

Limitations On The Uses Of Behavioral Science In The Law, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Contracts, Charles L. Knapp, James W. Carroll, James A. Clarkson

Faculty Scholarship

No abstract provided.

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.

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

Faculty Scholarship

No abstract provided.

The Maloney Act Experiment, Tamar Frankel

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 …