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Articles 121 - 149 of 149

Full-Text Articles in Law

Presentation: Death Penalty Symposium, Walter E. Dellinger Iii Jan 1989

Presentation: Death Penalty Symposium, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne Jan 1989

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.


Warrior Bards, Kevin Mccarthy, Michael E. Tigar Jan 1989

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst Jan 1989

Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell Jan 1989

The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The Greening Of American Energy Policy, James Salzman, Ellyn R. Weiss Jan 1989

The Greening Of American Energy Policy, James Salzman, Ellyn R. Weiss

Faculty Scholarship

No abstract provided.


Foreword: Symposium On Law And Medicine, Clark C. Havighurst Jan 1989

Foreword: Symposium On Law And Medicine, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


Stereotypic Alchemy: Transformative Stereotypes And Antidiscrimination Law, Madeline Morris Jan 1989

Stereotypic Alchemy: Transformative Stereotypes And Antidiscrimination Law, Madeline Morris

Faculty Scholarship

No abstract provided.


Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling Jan 1989

Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling

Faculty Scholarship

No abstract provided.


A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast Jan 1989

A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast

Faculty Scholarship

A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …


Feminist Legal Methods, Katharine T. Bartlett Jan 1989

Feminist Legal Methods, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington Jan 1989

A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman Jan 1989

Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman

Faculty Scholarship

Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …


When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak Jan 1989

When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Subject Matter Index Jan 1989

Subject Matter Index

Duke Law Journal

No abstract provided.


Resolving Mature Mass Tort Litigation, Francis Mcgovern Jan 1989

Resolving Mature Mass Tort Litigation, Francis Mcgovern

Faculty Scholarship

This is the third in a series of articles designed to propose a functional approach for managing complex litigation. These articles argue that sufficient flexibility exists in our civil litgation system to include and encourage evolving forms of dispute resolution and that effective judicial management and increased use of cooperative and inquisitorial techniques in experimental applications will lead inductively to superior approaches for coping with difficult cases. Part I of this article is a study of the Jenkins v. Raymark class action; Part II repeats the case study methodology examining In re A.H. Robins Company. Part III then proposes alternative …


Foreword: The Vanishing Constitution, Erwin Chemerinsky Jan 1989

Foreword: The Vanishing Constitution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman Jan 1989

Design Protection And The New Technologies: The United States Experience In A Transnational Perspective, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


Managing The Law Library In The 1990’S, Richard A. Danner Jan 1989

Managing The Law Library In The 1990’S, Richard A. Danner

Faculty Scholarship

No abstract provided.


Judges, Lawyers And The Penalty Of Death, Michael E. Tigar Jan 1989

Judges, Lawyers And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox Jan 1989

Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox

Faculty Scholarship

This paper describes the historical fiduciary obligations of the American outside director and contrasts those obligations with prevailing obligations in today’s environment of the monitoring director. Special attention is devoted to the role of outside directors when their firm is the target of a takeover. In no other context are the demands on the outside director greater and more strain placed on the monitoring model than in the context of a corporate takeover. The final section of this paper examines the relief modern statutory provisions provide to the director and the monitoring function


Title Index Jan 1989

Title Index

Duke Law Journal

No abstract provided.


Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington Jan 1989

Renegotiation And Specific Performance, Tracy R. Lewis, Martin K. Perry, David E.M. Sappington

Law and Contemporary Problems

No abstract provided.


Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, Jerome H. Reichman Jan 1989

Computer Programs As Applied Scientific Know-How: Implications Of Copyright Protection For Commercialized University Research, Jerome H. Reichman

Faculty Scholarship

No abstract provided.


The Question’S Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky Jan 1989

The Question’S Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett Jan 1989

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


The Economics Of Contract Law, Michael J. Meurer Jan 1989

The Economics Of Contract Law, Michael J. Meurer

Law and Contemporary Problems

No abstract provided.


The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder Jan 1989

The Design And Duration Of Contracts: Strategic And Efficiency Considerations, Scott E. Masten, Edward A. Snyder

Law and Contemporary Problems

No abstract provided.


Antitrust Restrictions On Trade Secret Licensing: A Legal Review And Economic Analysis, Elizabeth Miller Jan 1989

Antitrust Restrictions On Trade Secret Licensing: A Legal Review And Economic Analysis, Elizabeth Miller

Law and Contemporary Problems

No abstract provided.