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Full-Text Articles in Law
The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith
The Limits Of Copyright: Property, Parody, And The Public Domain, Marlin H. Smith
Duke Law Journal
No abstract provided.
Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse
Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse
Duke Law Journal
No abstract provided.
The Rulemaking Continuum, Peter L. Strauss
Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg
Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg
Duke Law Journal
No abstract provided.
Aids And Erisa Preemption: The Double Threat, James R. Bruner
Aids And Erisa Preemption: The Double Threat, James R. Bruner
Duke Law Journal
No abstract provided.
Unchaining The Law: The Legality Of Extraterritorial Abduction In Lieu Of Extradition, Mitchell J. Matorin
Unchaining The Law: The Legality Of Extraterritorial Abduction In Lieu Of Extradition, Mitchell J. Matorin
Duke Law Journal
No abstract provided.
Milkovich Revisited: “Saving” The Opinion Privilege, Edward M. Sussman
Milkovich Revisited: “Saving” The Opinion Privilege, Edward M. Sussman
Duke Law Journal
No abstract provided.
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Duke Law Journal
No abstract provided.
A Hair Piece: Perspectives On The Intersection Of Race And Gender, Paulette M. Caldwell
A Hair Piece: Perspectives On The Intersection Of Race And Gender, Paulette M. Caldwell
Duke Law Journal
No abstract provided.
Retroactivity And Administrative Rulemaking, William V. Luneburg
Retroactivity And Administrative Rulemaking, William V. Luneburg
Duke Law Journal
No abstract provided.
A Critique Of Justice Antonin Scalia’S Approach To Fundamental Rights Adjudication, Edward Gary Spitko
A Critique Of Justice Antonin Scalia’S Approach To Fundamental Rights Adjudication, Edward Gary Spitko
Duke Law Journal
No abstract provided.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Duke Law Journal
No abstract provided.
Translating Yonnondio By Precedent And Evidence: The Mashpee Indian Case, Gerald Torres, Kathryn Milun
Translating Yonnondio By Precedent And Evidence: The Mashpee Indian Case, Gerald Torres, Kathryn Milun
Duke Law Journal
No abstract provided.
Some Realism About Pluralism: Legal Realist Approaches To The First Amendment, J. M. Balkin
Some Realism About Pluralism: Legal Realist Approaches To The First Amendment, J. M. Balkin
Duke Law Journal
No abstract provided.
If He Hollers Let Him Go: Regulating Racist Speech On Campus, Charles R. Lawrence Iii
If He Hollers Let Him Go: Regulating Racist Speech On Campus, Charles R. Lawrence Iii
Duke Law Journal
No abstract provided.
The Prize And The Price Of Individual Agency: Another Perspective On Abortion And Liberal Government, Kimberly Sharron Dunn
The Prize And The Price Of Individual Agency: Another Perspective On Abortion And Liberal Government, Kimberly Sharron Dunn
Duke Law Journal
No abstract provided.
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William Van Alstyne
Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William Van Alstyne
Duke Law Journal
No abstract provided.
First Amendment Claims Against Public Broadcasters: Testing The Public’S Right To A Balanced Presentation, Rebecca L. Torrey
First Amendment Claims Against Public Broadcasters: Testing The Public’S Right To A Balanced Presentation, Rebecca L. Torrey
Duke Law Journal
No abstract provided.
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Duke Law Journal
No abstract provided.
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Duke Law Journal
No abstract provided.
Mechanikal Applications Of The Harmless Error Rule In Cases Of Prosecutorial Grand Jury Misconduct, Christopher M. Arfaa
Mechanikal Applications Of The Harmless Error Rule In Cases Of Prosecutorial Grand Jury Misconduct, Christopher M. Arfaa
Duke Law Journal
No abstract provided.
End Of An Era? The Decline Of Student Press Rights In The Wake Of Hazelwood School District V. Kuhlmeier, J. Marc Abrams, S. Mark Goodman
End Of An Era? The Decline Of Student Press Rights In The Wake Of Hazelwood School District V. Kuhlmeier, J. Marc Abrams, S. Mark Goodman
Duke Law Journal
No abstract provided.
Hazelwood School District And The Role Of First Amendment Institutions, Bruce C. Hafen
Hazelwood School District And The Role Of First Amendment Institutions, Bruce C. Hafen
Duke Law Journal
No abstract provided.
Life In The Administrative Track: Administrative Adjudication Of Claims Against Savings Institution Receiverships, Lawrence G. Baxter
Life In The Administrative Track: Administrative Adjudication Of Claims Against Savings Institution Receiverships, Lawrence G. Baxter
Duke Law Journal
INTRODUCTION In the modern financial services industry, thrifts 1 engage in an unprecedented range of complex and risky commercial transactions. Consequently, the receiver of a failed thrift, which in most cases is the Federal Savings and Loan Insurance Corporation (FSLIC) appointed by the Federal Home Loan Bank Board (FHLBB), 2 is likely to face a host of complex claims. These claims arise not only from the thrift's deposit liabilities but also from its investment transactions and the incidental disputes generated by such activities. The scene of a thrift failure is often already strewn with litigation, and the receivership itself is …
The Empirical, Historical And Legal Case Against The Cautionary Instruction: A Call For Legislative Reform, A. Thomas Morris
The Empirical, Historical And Legal Case Against The Cautionary Instruction: A Call For Legislative Reform, A. Thomas Morris
Duke Law Journal
No abstract provided.
Indemnity Under Workers’ Compensation: Recognizing A Special Legal Relationship Between Manufacturer And Employer, Karen M. Moran
Indemnity Under Workers’ Compensation: Recognizing A Special Legal Relationship Between Manufacturer And Employer, Karen M. Moran
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
Duke Law Journal
This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …
Interest Groups, Antitrust, And State Regulation: Parker V. Brown In The Economic Theory Of Legislation, William H. Page
Interest Groups, Antitrust, And State Regulation: Parker V. Brown In The Economic Theory Of Legislation, William H. Page
Duke Law Journal
The Parker doctrine requires that state regulatory arrangements seeking exemption from federal antitrust law be clearly articulated by the state "as sovereign." Professor Page argues that the clear-articulation requirement is justified because it reinforces representative political processes. He rejects Professor Wiley's capture preemption approach and the Supreme Court's analysis in Fisher v. City of Berkeley, arguing that both misconceive the nature of governmental relationships with interest groups. Professor Page concludes that the essentially collective nature of economic regulation supports adherence to the clear-articulation requirement as the measure of political legitimacy.
Unraveling The Conundrum Of The Law Of Personal Jurisdiction: A Comment On Asahi Metal Industry Co. V. Superior Court Of California, Earl M. Maltz
Unraveling The Conundrum Of The Law Of Personal Jurisdiction: A Comment On Asahi Metal Industry Co. V. Superior Court Of California, Earl M. Maltz
Duke Law Journal
No abstract provided.
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman
Duke Law Journal
No abstract provided.