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Fractional Mineral Deed Subject To A Lease, Frank W. Elliott Jr Jan 1958

Fractional Mineral Deed Subject To A Lease, Frank W. Elliott Jr

Faculty Scholarship

This article analyzes the difficulty in construing mineral deeds made subject to an existing lease as pointed out in Garrett v. Dils Co., 299 S.W.2d 904 (Tex. Sup. Ct. 1957).


International Trade And Economic Expansion, Jagdish N. Bhagwati Jan 1958

International Trade And Economic Expansion, Jagdish N. Bhagwati

Faculty Scholarship

The recent literature on the effects of economic expansion on international trade has been concerned with two principal problems: the impact of the expansion on the terms of trade; and the resultant change in the welfare of the trading nations. The solutions offered, however, are not fully satisfactory. Thus H. G. Johnson [5) and W. M. Corden [3], who attempt to tackle the first problem, succeed only in establishing the direction, as distinct from the extent, of the consequential shift in the terms of trade. In so far as the full impact of the expansion on the terms of trade …


Food, Drug, And Cosmetic Law (1958), Frederick M. Hart Jan 1958

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.


Break For The Farmers A Further Word, William W. Schwarzer Jan 1958

Break For The Farmers A Further Word, William W. Schwarzer

Faculty Scholarship

No abstract provided.


State Taxation Of Bankruptcy Liquidations: Federalism Misconceived, Neil S. Hecht Dec 1957

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 …


Law For Social Workers, John S. Bradway Mar 1957

Law For Social Workers, John S. Bradway

Faculty Scholarship

No abstract provided.


A Plea For A Return To Rule 51 Of The Federal Rules Of Civil Procedure In North Carolina, J. Francis Paschal Jan 1957

A Plea For A Return To Rule 51 Of The Federal Rules Of Civil Procedure In North Carolina, J. Francis Paschal

Faculty Scholarship

No abstract provided.


Section 4 Of The Bankruptcy Act: The Excluded Corporations, Michael I. Sovern Jan 1957

Section 4 Of The Bankruptcy Act: The Excluded Corporations, Michael I. Sovern

Faculty Scholarship

Section 4 of the Bankruptcy Act excludes from both voluntary and involuntary bankruptcy municipal, railroad, insurance and banking corporations and building and loan associations, and excludes from involuntary bankruptcy corporations that are not "moneyed, business or commercial." The exclusion of railroad and municipal corporations lost much of its significance when special reorganization provisions were enacted for those corporations. Insurance and banking corporations and building and loan associations, on the other hand, are excluded from the Bankruptcy Act's corporate reorganization chapters as well as from straight bankruptcy; and creditors can no more compel a corporation that is not moneyed, business or …


Legal Effect Of Voluntary Pooling And Unitization: Theories And Party Practice, Joseph J. French Jr, Frank W. Elliott Jan 1957

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 …


Some Common Problems Incident To Drafting Dispositive Provisions Of Donative Instruments, W. Bryan Bolich Dec 1956

Some Common Problems Incident To Drafting Dispositive Provisions Of Donative Instruments, W. Bryan Bolich

Faculty Scholarship

No abstract provided.


A Faculty Seminar On Land Use Controls, Robert Kramer Jan 1956

A Faculty Seminar On Land Use Controls, Robert Kramer

Faculty Scholarship

No abstract provided.


The Role Of The Duke Legal Aid Clinic, John S. Bradway Jan 1956

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

Faculty Scholarship

No abstract provided.


Political Questions: The Judicial Check On The Executive, Paul D. Carrington Jan 1956

Political Questions: The Judicial Check On The Executive, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Persons Who Can Be Tried By Court-Martial, Robinson O. Everett Jan 1956

Persons Who Can Be Tried By Court-Martial, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Flight Activities Of The Ant Dolichoderus (Hypoclinea) Mariae Forel, Mary Talbot Jan 1956

Flight Activities Of The Ant Dolichoderus (Hypoclinea) Mariae Forel, Mary Talbot

Faculty Scholarship

Often some reference is made to the "flight" of a .species of ants as if all the males and females left the colony .on one day. W. M. Wheeler, in his 1905 account of the genus Dolichoderus, said .o D. mariae" "August 20 is approximately the date of the nuptial flight oi this species." Today it is generally understood that there are usually a number oi flights. This study shows that D. mariae is conspicuous in this respect.


Taft-Hartley Pre-Emption In The Area Of Nlrb Inaction, Joseph R. Grodin, Matthew O. Tobriner Jan 1956

Taft-Hartley Pre-Emption In The Area Of Nlrb Inaction, Joseph R. Grodin, Matthew O. Tobriner

Faculty Scholarship

No abstract provided.


"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern Jan 1956

"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern

Faculty Scholarship

In deciding a conflict of laws question, a judge will sometimes say, "The foreign law ordinarily applicable will not be applied in this case because to do so would violate our public policy." The textwriters, language in the cases, and the Restatement agree: the "normal" operation of choice of law rules is subject to a "public policy" limitation. This paper is an attempt to explore the meanings and significance of "public policy," used in this general way, in the conflict of laws.


The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart Jan 1956

The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart

Faculty Scholarship

Mr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality.


Legal Clinics And Law Students: Rocks And Cement For Better Legal Education, John S. Bradway May 1955

Legal Clinics And Law Students: Rocks And Cement For Better Legal Education, John S. Bradway

Faculty Scholarship

No abstract provided.


The United States Court Of Military Appeals, Robinson O. Everett Jan 1955

The United States Court Of Military Appeals, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Criminal Investigation Under Military Law, Robinson O. Everett Jan 1955

Criminal Investigation Under Military Law, Robinson O. Everett

Faculty Scholarship

Since the termination of World War II military law, as it affects criminal investigation and military trials, has undergone a careful and systematic review and revision. As a consequence, investigations under it have different requirements than criminal investigations under state and federal law, and we feel especially priveleged to present Robinson O. Everett's paper on this subject. Mr. Everett is a graduate of Harvard University where he received a Bachelor of Law degree and from 1950-51 served as an assistant professor at Duke University followed by a tour of active duty with the Air Force as a legal officer. He …


Criminal Investigations Under Military Law, Robinson O. Everett Jan 1955

Criminal Investigations Under Military Law, Robinson O. Everett

Faculty Scholarship

The author served as a Commissioner of the United States Court of Military Appeals from October, 1953 until his resignation late in 1955, when he entered private law practice in Durham, North Carolina. This is the second and concluding part of his article on criminal investigation under the new Uniform Code of Military Justice and its interpretation by the Court of Military Appeals. -Editor


Enforcing Federal Supremacy: Relief Against Federal-State Regulatory Conflicts, William W. Schwarzer Jan 1955

Enforcing Federal Supremacy: Relief Against Federal-State Regulatory Conflicts, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Notes - Banks And Banking—Bills And Notes—Rights Of Depositary Bank Against Drawer Of Check.—City State Bank V. Lummus, Frank W. Elliott Jan 1955

Notes - Banks And Banking—Bills And Notes—Rights Of Depositary Bank Against Drawer Of Check.—City State Bank V. Lummus, Frank W. Elliott

Faculty Scholarship

Because of failure of consideration the defendant stopped payment of a check deposited with the plaintiff bank, which before receiving notice of the stop order had permitted the payee-depositor to withdraw the amount represented by the check. The trial court entered judgment for the defendant. Reversed and rendered. The court stated, inter alia, that the defendant had the burden of establishing that the bank "had not become a party thereto for value."


Notes - Jury—Trial—Appointment And Hearing By Master Does Not Affect Right To Jury Trial.—Creglar V. Hyde, Frank W. Elliott Jan 1955

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 …


Notes - Admiralty-Claims Agent's Misreporentation Of Law Held Not To Vitiate Seaman's Agreement Releasing Shipowner-Thompson V. Coastal Oil Co., 218 F.2d 664 (3d Cir. 1955), Frank W. Elliott Jan 1955

Notes - Admiralty-Claims Agent's Misreporentation Of Law Held Not To Vitiate Seaman's Agreement Releasing Shipowner-Thompson V. Coastal Oil Co., 218 F.2d 664 (3d Cir. 1955), Frank W. Elliott

Faculty Scholarship

Because of failure of consideration the defendant stopped payment of a check deposited with the plaintiff bank, which before receiving notice of the stop order had permitted the payee-depositor to withdraw the amount represented by the check. The trial court entered judgment for the defendant. Reversed and rendered. The court stated, inter alia, that the defendant had the burden of establishing that the bank "had not become a party thereto for value."


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 Jan 1955

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 - Libel And Slander—Lis Pendens—Filing Of Lis Pendens Notice Not Privileged.—Albertson V. Raboff, 287 P.2d 145 (Cal. 1955), Frank W. Elliott Jan 1955

Notes - Libel And Slander—Lis Pendens—Filing Of Lis Pendens Notice Not Privileged.—Albertson V. Raboff, 287 P.2d 145 (Cal. 1955), Frank W. Elliott

Faculty Scholarship

In a prior action Raboff had sued Albertson, seeking a money judgment and either a lien on Albertson's real property or a judgment declaring that her title was obtained, in fraud of creditors. Raboff recorded a notice of pendency of this action and subsequently obtained a money judgment, but Albertson prevailed on the counts concerning the real property. In the present action, Albertson alleged that Raboff had known when he had filed his prior complaint that he had no right to an interest in her property, that he had nevertheless knowingly and maliciously asserted false claims thereto, and that by …


The Proof Of Paternity And The Progress Of Science, Malcolm Mcdermott Jan 1955

The Proof Of Paternity And The Progress Of Science, Malcolm Mcdermott

Faculty Scholarship

No abstract provided.


The Legal Aid Clinic Commodity, John S. Bradway Nov 1954

The Legal Aid Clinic Commodity, John S. Bradway

Faculty Scholarship

No abstract provided.