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Full-Text Articles in Law
Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz
Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz
Duke Law Journal
In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing …
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Duke Law Journal
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
Trading Stamps S&H And The Ftc’S Unfairness Doctrine, Ernest Gellhorn
Trading Stamps S&H And The Ftc’S Unfairness Doctrine, Ernest Gellhorn
Duke Law Journal
The Federal Trade Commission's authority to prohibit "unfair methods of competition" was broadly interpreted more than a decade ago by the Supreme Court in FTC v. Sperry & Hutchinson Co. That decision allowed the FTC to bar business practices, including restrictions on the distribution of trading stamps, upon a finding that consumers were being injured even though no injury to competition was identified. The FTC since has applied the unfairness doctrine expansively and often without regard to its impact on consumer welfare. Proposing the application of a consumer welfare standard under the Commission's unfairness authority, Dean Gellhorn demonstrates that the …
The Political Boycott: An Unprivileged Form Of Expression, Gordon M. Orloff
The Political Boycott: An Unprivileged Form Of Expression, Gordon M. Orloff
Duke Law Journal
No abstract provided.
Application Of The Federal Abstention Doctrines To The Domestic Relations Exception To Federal Diversity Jurisdiction, Rebecca E. Swenson
Application Of The Federal Abstention Doctrines To The Domestic Relations Exception To Federal Diversity Jurisdiction, Rebecca E. Swenson
Duke Law Journal
No abstract provided.
The Federal Parole Decision And The Discretionary Function Exception, Julie Hills
The Federal Parole Decision And The Discretionary Function Exception, Julie Hills
Duke Law Journal
No abstract provided.
Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak
Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak
Duke Law Journal
No abstract provided.
Judicial Interpretation Of Collective Bargaining Agreements: The Danger Inherent In The Determination Of Arbitrability, Paula L. Mcdonald
Judicial Interpretation Of Collective Bargaining Agreements: The Danger Inherent In The Determination Of Arbitrability, Paula L. Mcdonald
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Duke Law Journal
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.
Director Independence And Derivative Suit Settlements, Kenneth W. Kossoff
Director Independence And Derivative Suit Settlements, Kenneth W. Kossoff
Duke Law Journal
No abstract provided.
Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen
Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen
Duke Law Journal
In several recent decisions the federal appeals courts have adopted a standard for reviewing denials of proposed bank combinations which substantially restricts the ability of federal bank regulators to reject anticompetitive combinations. Professor Carstensen analyzes the three leading decisions and the litigating positions of the parties. He argues that the results in these cases, although predictable, are inconsistent with express statutory language, legislative history, past Supreme Court construction of the relevant standard, and the fundamental public policy of avoiding unnecessarily anticompetitive combinations. He suggests two ways in which the statute could be read which would preserve reasonable judicial review of …
Legislative Courts, Administrative Agencies, And The Northern Pipeline Decision, Martin H. Redish
Legislative Courts, Administrative Agencies, And The Northern Pipeline Decision, Martin H. Redish
Duke Law Journal
In Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the Supreme Court held unconstitutional the exercise of the jurisdiction of the Bankruptcy Courts because their judges lacked article III's protections of salary and tenure. In so holding, the Court significantly altered the criteria for deciding what cases have to be heard by judges with article III protections. In this article, Professor Redish criticizes the criteria adopted by the Justices, and suggests alternative criteria which would better foster the values behind the independence protections of article III. In addition, he examines the implications of the various criteria for the continued …
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Duke Law Journal
No abstract provided.
A Review Of Shipowner’S Statutory Duty Under Section 905(B) Of The Longshoremen’S And Harborworkers’ Compensation Act: Does Scindia Require A Change In Course?, Kaye A. Pfister
Duke Law Journal
No abstract provided.