Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 126
Full-Text Articles in Law
Labor Law: Requiring Employer To Bargain With Old Union At New Location In “Runaway Shop” Situation Is Beyond Nlrb’S Authority
Duke Law Journal
The Court of Appeals for the District of Columbia has held that the NLRB cannot force an employer who has relocated his plant in order to escape a union to bargain with that union at the new location where the union had not secured a majority position. This note examines the possible remedies that may be available to the Board against such "runaway shops" and evaluates each of them in light of the language and purposes of the National Labor Relations Act.
The Confrontation Of Federal Preemption And State Right-To-Work Laws, Stanley D. Henderson
The Confrontation Of Federal Preemption And State Right-To-Work Laws, Stanley D. Henderson
Duke Law Journal
That Congress in enacting section 14(b) of the National Labor Relations Act authorized the states to adopt "right-to-work" laws banning forms of compulsory unionism otherwise permissable under federal law has never been seriously questioned. In this article the author discusses the more difficult problem of the extent to which section 14(b) does, or should, enable the states to deal with union-security issues irrespective of an elaborate federal regulatory scheme which touches identical or related subject matter.
Securities Regulation: Seventh Circuit Holds That Withdrawable Capital Accounts Are Not Securities Within The Meaning Of The Exchange Act
Duke Law Journal
Relying upon legislative history and the particular characteristics of the accounts, the Seventh Circuit in Tcherepnin v. Knight held that withdrawable capital accounts in a savings and loan association are not "securities" within the ambit of the antifraud provisions of the Securities Exchange Act. This note explores the bases of the court's decision and suggests an alternative resolution which both furthers the purposes of the Act and preserves traditional state regulatory power in the savings and loan area.
Control Of Air Pollution Through The Assertion Of Private Rights, Julian Conrad Juergensmeyer
Control Of Air Pollution Through The Assertion Of Private Rights, Julian Conrad Juergensmeyer
Duke Law Journal
Air pollution is clearly one of the major social problems confronting contemporary American society. Yet the United States is still without an effective federal pollution control program, and those state and local control programs that do exist are largely ineffective. Until government regulation is able to keep the expulsion of air contaminants within tolerable limits, it will be necessary for those seeking to control air pollution to rely upon the assertion of private rights. In this article the author discusses the principal causes of action available to the private pollution controller, and concludes that, although traditional legal concepts may provide …
Learned Treatises As Direct Evidence: The Alabama Experience
Learned Treatises As Direct Evidence: The Alabama Experience
Duke Law Journal
A majority of American jurisdictions refuse to permit the use of learned treatises as direct evidence, reasoning that to do so would violate the rule against hearsay evidence. However, many commentators have contended that, in adopting such a position, these courts have failed to consider the underlying purposes of the hearsay rule. Alabama, which has permitted the introduction of treatises as direct evidence, affords a useful contrast for testing both the rationale of the majority rule and the criticisms of it. It has been the goal of this comment to evaluate the present majority view against the Alabama experience. On …
Federal Taxation: Supreme Court Disapproves Treasury Regulation’S Imposition Of Fractional Or Percentile Share Requirement On Section 2056(B)(5) Marital Deduction
Duke Law Journal
No abstract provided.
Federal Civil Procedure: Prejudicial Effects Of Stare Decisis Can Compel Intervention Of Right Under Rule 24(A)
Duke Law Journal
No abstract provided.
Application Of The Thin Incorporation Doctrine To The Subchapter S One-Class-Of-Stock Requirement
Application Of The Thin Incorporation Doctrine To The Subchapter S One-Class-Of-Stock Requirement
Duke Law Journal
The Treasury's recent amendment of its regulation regarding the treatment of purported debt obligations as a second class of stock for purposes of Subchapter S election represents a more defensible interpretation of the statute. However, since the regulation calls for an application of the principles of the thin incorporation doctrine to an area in which they are seemingly irrelevant, many Subchapter S corporations may be subjected to excessive penalties. This comment explores the decisional authority preceding the amendment, and examines the propriety of analyzing the one-class-of-stock requirement in terms of thin incorporation precepts.
Criminal Law: Ineligibility For Parole Is Not Among The “Consequences” Of A Guilty Plea For Purposes Of Federal Rule 11
Duke Law Journal
No abstract provided.
New Concepts In Customer And Territorial Restrictions—The Schwinn And Sealy Doctrines, S. Powell Bridges
New Concepts In Customer And Territorial Restrictions—The Schwinn And Sealy Doctrines, S. Powell Bridges
Duke Law Journal
Recent Supreme Court decisions in United States v. Arnold, Schwinn & Company and United States v. Sealy, Incorporated have raised new questions concerning the legality of customer and territorial restrictions imposed on dealers, distributors, franchisees, and licensees by manufacturers. In this article the author analyzes these cases and concludes that attacks on customer and territorial restrictions will be more effective in the future and, to avoid government prosecution and treble damage actions by private litigants, businessmen and lawyers should be cautious in the use of such restraints.
Federal Civil Procedure: Stakeholder May File Bond Under Federal Interpleader Act Rather Than Depositing The Specific Property
Duke Law Journal
No abstract provided.
Labor Law: Fifth Circuit Determines That Breach Of Duty Of Fair Representation Constitutes An Unfair Labor Practice
Duke Law Journal
In the first case in which the issue was the subject of an appeal, the Fifth Circuit held that a labor union's breach of its duty of fair representation by racially discriminating among its members constituted an unfair labor practice under the National Labor Relations Act, and was therefore remediable by the NLRB. The court also focused on the jurisdictional relationship between the Civil Rights Act of 1964 and the National Labor Relations Act, implying that the Act's Equal Employment Opportunity Commission did not have exclusive jurisdiction over unfair representation claims based on racial discrimination. The court's resolution of these …
The Role Of Law In Medical Progress, E. Blythe Stason
The Role Of Law In Medical Progress, E. Blythe Stason
Law and Contemporary Problems
No abstract provided.
Regulation Of Prescription Drug Advertising: Medical Progress And Private Enterprise, Richard B. Ruge
Regulation Of Prescription Drug Advertising: Medical Progress And Private Enterprise, Richard B. Ruge
Law and Contemporary Problems
No abstract provided.
The Writings Of Charles L. B. Lowndes
The Changing Structure Of Medical Practice, David Mechanic
The Changing Structure Of Medical Practice, David Mechanic
Law and Contemporary Problems
No abstract provided.
Charles L. B. Lowndes—Five Tributes, Elvin R. Latty, Robert Kramer, Joseph A. Mcclain Jr., Hugh G. Isley Jr., Mark B. Edwards
Charles L. B. Lowndes—Five Tributes, Elvin R. Latty, Robert Kramer, Joseph A. Mcclain Jr., Hugh G. Isley Jr., Mark B. Edwards
Duke Law Journal
No abstract provided.
Federal Taxation: Supreme Court Announces “Proper Regard” Test To Determine Conclusiveness Of State Court Adjudications Of Property Rights
Duke Law Journal
No abstract provided.
Bankruptcy: Bank Which In Good Faith And Without Notice Honors Client’S Check After He Is Adjudicated Bankrupt Not Liable To Trustee For Depletion Of The Bankrupt’S Estate
Duke Law Journal
Relying on contractual and equitable principles to overcome fairly explicit statutory language, the United States Supreme Court in Bank of Marin v. England refused to hold the bank liable for funds of a depositor which had been dispersed without notice of the latter's voluntary filing of a petition in bankruptcy. While the decision promotes the security of commercial transactions in which checks are chosen as the form of payment, the Court's analysis is not without deficiencies. This note, in addition to attempting a more palatable justification for the holding with reliance in part upon countervailing provisions of the Bankruptcy Act, …
Divorce Reform—One State’S Solution
Divorce Reform—One State’S Solution
Duke Law Journal
Although New York has long been a leader in reform legislation, it has also had one of the most ineffective divorce laws in the nation. Therefore, it was not unrealistic to hope that when New York recently revised its divorce laws the new product would serve as a model for future reforms in other jurisdictions. While the new law as finally enacted is defective in several respects, its provisions reflect an attempt to accommodate the basic reform trends in current divorce law. This comment investigates briefly the evolution of governmental controls of divorce, the American tradition prior to the New …
Foreword, Clark C. Havighurst
Organ Transplantation In Medical And Legal Perspectives, Delford L. Stickel
Organ Transplantation In Medical And Legal Perspectives, Delford L. Stickel
Law and Contemporary Problems
No abstract provided.
Human Experimentation: Ethics In The Consent Situation, John Fletcher
Human Experimentation: Ethics In The Consent Situation, John Fletcher
Law and Contemporary Problems
No abstract provided.
Legal Aspects Of Computer Use In Medicine, Roy N. Freed
Legal Aspects Of Computer Use In Medicine, Roy N. Freed
Law and Contemporary Problems
No abstract provided.
Innovations And Experiments In Uses Of Health Manpower—The Effect Of Licensure Laws, Edward H. Forgotson, John L. Cook
Innovations And Experiments In Uses Of Health Manpower—The Effect Of Licensure Laws, Edward H. Forgotson, John L. Cook
Law and Contemporary Problems
No abstract provided.