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Articles 1 - 30 of 180
Full-Text Articles in Law
Frustrated Intentions And Binding Biology: Seeking Aid In The Law, Anne Reichman Schiff
Frustrated Intentions And Binding Biology: Seeking Aid In The Law, Anne Reichman Schiff
Duke Law Journal
No abstract provided.
Equal Access To Alaska’S Fish And Wildlife, Stephen M. White
Equal Access To Alaska’S Fish And Wildlife, Stephen M. White
Alaska Law Review
No abstract provided.
Out On Patrol: A Critical Examination Of The Alaska Supreme Court’S Application Of The Parol Evidence Rule, Leonard Marinaccio Iii
Out On Patrol: A Critical Examination Of The Alaska Supreme Court’S Application Of The Parol Evidence Rule, Leonard Marinaccio Iii
Alaska Law Review
No abstract provided.
Managing Alaska’S Coastal Development: State Review Of Federal Oil And Gas Lease Sales, M. David Kurtz
Managing Alaska’S Coastal Development: State Review Of Federal Oil And Gas Lease Sales, M. David Kurtz
Alaska Law Review
No abstract provided.
Alaska Rule 26: A Quixotic Venture Into The World Of Mandatory Disclosure, Jeffrey D. Collins
Alaska Rule 26: A Quixotic Venture Into The World Of Mandatory Disclosure, Jeffrey D. Collins
Alaska Law Review
No abstract provided.
The Customary International Law Of State-Sponsored International Abduction And United States Courts, Jonathan A. Gluck
The Customary International Law Of State-Sponsored International Abduction And United States Courts, Jonathan A. Gluck
Duke Law Journal
No abstract provided.
Proportionate Liability In 10b-5 Reckless Fraud Cases, Ronald A. Dabrowski
Proportionate Liability In 10b-5 Reckless Fraud Cases, Ronald A. Dabrowski
Duke Law Journal
No abstract provided.
Walt-Zing Through An Employment Termination: Is There A Duty To Investigate Before Discharging In Alaska, Michael D. Moberly, Philip J. Moberly, Laura L. Farley
Walt-Zing Through An Employment Termination: Is There A Duty To Investigate Before Discharging In Alaska, Michael D. Moberly, Philip J. Moberly, Laura L. Farley
Alaska Law Review
No abstract provided.
When In Nome: Custom, Culture And The Objective Standard In Alaskan Adverse Possession Law, Grantland M. Clapacs
When In Nome: Custom, Culture And The Objective Standard In Alaskan Adverse Possession Law, Grantland M. Clapacs
Alaska Law Review
No abstract provided.
Justice Holmes And The Metaphysics Of Judicial Restraint, David Luban
Justice Holmes And The Metaphysics Of Judicial Restraint, David Luban
Duke Law Journal
No abstract provided.
In Memoriam: Richard M. Nixon, Pamela B. Gann
Remarks At The Funeral Of President Richard M. Nixon, April 27, 1994, Henry A. Kissinger, Robert J. Dole, Pete Wilson, William J. Clintion Iv
Remarks At The Funeral Of President Richard M. Nixon, April 27, 1994, Henry A. Kissinger, Robert J. Dole, Pete Wilson, William J. Clintion Iv
Duke Law Journal
No abstract provided.
Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis
Race-Based Equal Protection Claims After Shaw V. Reno, Robert A. Curtis
Duke Law Journal
No abstract provided.
The Uncertain Future Of Computer Software Users’ Rights In The Aftermath Of Mai Systems, Michael E. Johnson
The Uncertain Future Of Computer Software Users’ Rights In The Aftermath Of Mai Systems, Michael E. Johnson
Duke Law Journal
No abstract provided.
No (Easy) Way Out: “Liquidating” Stipulated Damages For Contractor Delay In Public Construction Contracts, Scott M. Tyler
No (Easy) Way Out: “Liquidating” Stipulated Damages For Contractor Delay In Public Construction Contracts, Scott M. Tyler
Duke Law Journal
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Duke Law Journal
No abstract provided.
The Gains And Losses Of Corrective Justice, Ernest J. Weinrib
The Gains And Losses Of Corrective Justice, Ernest J. Weinrib
Duke Law Journal
No abstract provided.
Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost
Medicare And The Joint Commission On Accreditation Of Healthcare Organizations: A Healthy Relationship?, Timothy Stoltzfus Jost
Law and Contemporary Problems
The economic and political forces driving the program in which health care institutions accredited by the Joint Commission on Accreditations of Healthcare Organizations are deemed to meet Medicare conditions of participation are examined. The Joint Commission should be more rigorous in the application of its accreditation standards and more accountable to the public.
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost
Law and Contemporary Problems
The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst
Foreword: The Place Of Private Accrediting Among The Instruments Of Government, Clark C. Havighurst
Law and Contemporary Problems
The Federal Government relies on private accreditation in lieu of direct public regulation, especially in the fields of health care and education. It is possible that the government hopes to foster pluralism in the regulatory state.
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Law and Contemporary Problems
The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Law and Contemporary Problems
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
Law and Contemporary Problems
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
The Uncertainty Of Foreign Blocked Income: Trying To Reconcile The 1994 §482 Regulations With Procter & Gamble, James A. Davlin
The Uncertainty Of Foreign Blocked Income: Trying To Reconcile The 1994 §482 Regulations With Procter & Gamble, James A. Davlin
Duke Journal of Comparative & International Law
No abstract provided.