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Articles 31 - 60 of 135
Full-Text Articles in Law
O’Callahan V. Parker—Milestone Or Millstone In Military Justice?, Robinson O. Everett
O’Callahan V. Parker—Milestone Or Millstone In Military Justice?, Robinson O. Everett
Duke Law Journal
Under the decision of the Supreme Court in O'Callahan v. Parker, 395 U. S. 258 (1969), a court-martial was held to have no jurisdiction to try the accused, an Army sergeant, where the offenses in question occurred off-post, during the accused's off-duty hours while on leave with an evening pass, and while the accused was in civilian attire. In decisions since O'Callahan, the United States Court of Military Appeals has further construed the standards of that case, holding that courts-martial lack jurisdiction over offenses unconnected with military service and triable in civilian courts. In this article the author analyzes the …
Tax Reform And Tax Incentives, Ralph S. Rice
Tax Reform And Tax Incentives, Ralph S. Rice
Law and Contemporary Problems
No abstract provided.
The First Amendment Right To A Public Forum, R. Allan Horning
The First Amendment Right To A Public Forum, R. Allan Horning
Duke Law Journal
When faced with organized protest against governmental policies, groups controlling governmental processes often seek to avoid change and a resulting diminution of power by denying dissenting groups access to facilities for communication of grievances to the community. In many situations this denial of access takes the form of barring dissenters from the use of public communication facilities. Yet, the first amendment seems to place the Constitution on the side of free access to the community. The first amendment's prohibition on denial of access to communication facilities has been termed "the right to a public forum," and has been the subject …
Extrajudicial Consumer Pressure: An Effective Impediment To Unethical Business Practices
Extrajudicial Consumer Pressure: An Effective Impediment To Unethical Business Practices
Duke Law Journal
Although recent efforts in consumer protection have centered upon additional legislative assistance, several direct extrajudicial and non-official forms of self-help can be successfully employed by a dissatisfied consumer. This comment explores the legal limits on such forms of action conducted either by an individual consumer or by an organized group, with a view toward providing a standard which will enable protestors to remain within the law yet be effective in their actions.
Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski
Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Securities Regulation: Doctrines Of In Pari Delicto And Unclean Hands Held To Bar 10b-5 Recovery By Tippee Against Corporate Insider
Duke Law Journal
No abstract provided.
Compulsory Commitment: The Rights Of The Incarcerated Mentally Ill
Compulsory Commitment: The Rights Of The Incarcerated Mentally Ill
Duke Law Journal
The passage of the District of Columbia Hospitalization of the Mentally Ill Act in 1965 and more recent legislative re-evaluations of state mental health laws manifest a developing concern over the plight of the mentally ill. However, though much attention has been focused on the commitment process, it has been noted that legislative and public concern often has stopped at the asylum door and has left the incarcerated mentally ill at the mercy of inadequate facilities, deficient treatment, and at times antiquated philosophies about mental illness. In addition to reviewing the commitment process as it now exists, this comment examines …
Federal Rule Of Civil Procedure 24(A)(2) And The “Interest” Necessary For Intervention As Of Right On Appeal
Duke Law Journal
No abstract provided.
Securities Regulation: Section 16(B) Short-Swing Profit Liability Applicable To Stock Purchased During Directorship But Sold After Resignation
Duke Law Journal
No abstract provided.
Constitutional Limitations On Firearms Regulation
Constitutional Limitations On Firearms Regulation
Duke Law Journal
The constitutional debate over firearms regulation is centered on the requirements of the fifth and second amendments to the United States Constitution. In discussing the questions that will confront any federal regulatory scheme, this note examines recent fifth amendment decisions and explores the origins of the second amendment, which has been infrequently interpreted. It is concluded that while artfully drawn legislation could avoid the fifth amendment objections posed by Haynes v. United States, the impact of the second amendment is uncertain because of the historical and decisional ambiguity surrounding that provision.
Municipal Corporation Held To Be A “Person” Within Fourteenth Amendment’S Due Process Clause When Action Is Brought Against A Municipal Corporation In A Foreign State
Duke Law Journal
No abstract provided.
The Uniform Commercial Code And The Choice Of Law, Robert J. Nordstrom, Dale B. Ramerman
The Uniform Commercial Code And The Choice Of Law, Robert J. Nordstrom, Dale B. Ramerman
Duke Law Journal
The choice of law provisions of the Uniform Commercial Code often have been criticized on the basis that they are forum oriented, so forum oriented that their constitutionality may be questionable. The authors of this article analyze the basic Code choice of law section (UCC § 1-105) and conclude that this section need not be read with the heavy emphasis on the forum's version of the Code as suggested by some other writers. Instead, the argument is made that the Code's choice of law principles permit development in accordance with the forum's general notions of choice of law. Additionally, the …
The Effectiveness Of State And Local Regulation Of Handguns: A Statistical Analysis, Martin S. Geisel, Richard Roll, R. Stanton Wettick Jr.
The Effectiveness Of State And Local Regulation Of Handguns: A Statistical Analysis, Martin S. Geisel, Richard Roll, R. Stanton Wettick Jr.
Duke Law Journal
One aspect of the continuing debate over weapons control, apart from Constitutional issues, is whether legislation is inherently capable of reducing crime and deaths by shooting. The opponents of increased control, tacitly admitting that empirical evidence is one means for measuring the effect of weapons regulation, have contended that "[e]xpert opinion and compelling evidence seem to indicate that the amount or kind of crime in a community is not substantially affected by the relative ease with which a person can obtain a firearm." National Rifle Association of America, The Gun Law Problem 10. In the following study the authors employ …
The Federal Fair Housing Requirements: Title Viii Of The 1968 Civil Rights Act
The Federal Fair Housing Requirements: Title Viii Of The 1968 Civil Rights Act
Duke Law Journal
A combination of economics and racial discrimination has over many years forced Negroes into unequal and inadequate housing and living conditions. The Federal Fair Housing Act of 1968 attempted to contribute to the arsenal of legislation with which the federal government hopes to eliminate the ghetto from the American scene. This comment examines this most controversial of recent civil rights laws in light of the social context from which it arose. Areas of potential difficulty in interpretation and construction of the statute are analyzed and conclusions drawn as to the probable effectiveness of the Act in relieving the social evils …
Counsel Fees For Discovery And Recovery Of Short-Swing Profits
Counsel Fees For Discovery And Recovery Of Short-Swing Profits
Duke Law Journal
Under present law counsel fees are recoverable for services instrumental in the enforcement of section 16(b) of the Securities Exchange Act of 1934. While vital to the effective enforcement of section 16(b), such fees tend to encourage overzealous investigation by shareholders' attorneys which often approaches unethical conduct. Recent decisions have attempted both to encourage enforcement and discourage unfavorable conduct. This note analyzes current case law in an attempt to determine whether it has so succeeded, and suggests an alternative which may provide effective enforcement of section 16(b) and yet avoid the ethical dilemma.
Foreword, Clark C. Havighurst
Broadcast Structure, Technology, And The Abc-Itt Merger Decision, Harvey J. Levin
Broadcast Structure, Technology, And The Abc-Itt Merger Decision, Harvey J. Levin
Law and Contemporary Problems
No abstract provided.
Towers Of Babel: The Chaos In Radio Spectrum Utilization And Allocation, Nicholas Johnson
Towers Of Babel: The Chaos In Radio Spectrum Utilization And Allocation, Nicholas Johnson
Law and Contemporary Problems
No abstract provided.
Impact Of The Uhf Promotion: The All-Channel Television Receiver Law, Douglas W. Webink
Impact Of The Uhf Promotion: The All-Channel Television Receiver Law, Douglas W. Webink
Law and Contemporary Problems
No abstract provided.
Regulating Catv Systems: An Analysis Of Fcc Policy And An Alternative, Harold J. Barnett, Edward Greenberg
Regulating Catv Systems: An Analysis Of Fcc Policy And An Alternative, Harold J. Barnett, Edward Greenberg
Law and Contemporary Problems
No abstract provided.
Financing Public Broadcasting, Hyman H. Goldin
Financing Public Broadcasting, Hyman H. Goldin
Law and Contemporary Problems
No abstract provided.
Catv’S Emerging Role: Cablecaster Or Common Carrier, Charles O. Verrill Jr.
Catv’S Emerging Role: Cablecaster Or Common Carrier, Charles O. Verrill Jr.
Law and Contemporary Problems
No abstract provided.
Public Broadcasting: A Medium In Search Of Solutions, John W. Macy Jr.
Public Broadcasting: A Medium In Search Of Solutions, John W. Macy Jr.
Law and Contemporary Problems
No abstract provided.
Historical And Social Aspects Of Concentration Of Program Control In Television, Ashbrook P. Bryant
Historical And Social Aspects Of Concentration Of Program Control In Television, Ashbrook P. Bryant
Law and Contemporary Problems
No abstract provided.
Communications Technology—A Forecast Of Change (Part Ii), Roscoe L. Barrow, Daniel J. Manelli
Communications Technology—A Forecast Of Change (Part Ii), Roscoe L. Barrow, Daniel J. Manelli
Law and Contemporary Problems
No abstract provided.
Broadcasting And The Theory Of The Firm, Kenneth Harwood
Broadcasting And The Theory Of The Firm, Kenneth Harwood
Law and Contemporary Problems
No abstract provided.