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Articles 12001 - 12030 of 14433
Full-Text Articles in Law
Federal Comity, Official Immunity, And The Dilemma Of Section 1983
Federal Comity, Official Immunity, And The Dilemma Of Section 1983
Duke Law Journal
Section 1983 of title 42, United States Code, provides a civil remedy in the federal courts for persons whose federal rights have been denied by anyone acting "under color of" state law. Typically, those who act "under color of" state law are state officials-ranging from governor to policeman. However, in many section 1983 suits, the purpose of the statute conflicts with the policy of protecting the working balance between the states and the federal government, or with the goal of ensuring impartiality of decision-making by state officials. The dilemma thus posed has been resolved by federal courts in various ways, …
Constitutional Law: Supreme Court Indicates Significant Limitation Upon Review Of State Criminal Procedures
Duke Law Journal
In affirming convictions pursuant to a Texas statute implementing common law recidivist procedure, the Supreme Court attenuated the efficacy of allegations of jury prejudice and of alternative means as constitutional determinants in the consideration of criminal procedures absent potential frustration of specific constitutional provisions. Based upon pragmatic considerations of judicial efficiency and deference to state prerogative, the decision may extend beyond its unique factual situation to narrow significantly the role of due process in defining the range of permissible state criminal procedures.
Federal Estate Taxation: Section 2036(A)(1) Transfer Requires Affirmative Action
Federal Estate Taxation: Section 2036(A)(1) Transfer Requires Affirmative Action
Duke Law Journal
The Sixth Circuit, in National City Bank v. United States, held that the possession by the decedent of the power to alter the ultimate disposition of property, in the absence of any exercise of that power, was not sufficient in itself to constitute a transfer under section 2036(a)(1) of the Internal Revenue Code.
Constitutional Law: Even When Arrest Is Made Without A Warrant, Officers Not Required To Disclose Source Of Information Used To Establish Probable Cause
Duke Law Journal
No abstract provided.
Securities Regulation: Rule 10b-5 Provides A Basis For Stockbroker’S Suit Against A Defrauding Purchaser
Duke Law Journal
No abstract provided.
Securities Regulation: Rule 10b-5 Purchaser/Seller Requirement Satisfied Even Without Actual Sale In Short-Form Merger Situation
Duke Law Journal
No abstract provided.
The Sec’S Rule 10b-6: Preserving A Competitive Market During Distributions
The Sec’S Rule 10b-6: Preserving A Competitive Market During Distributions
Duke Law Journal
The recent Georgia-Pacific litigation serves to reiterate the broad question posed by the Special Study of the Securities Markets concerning the precise limits of the Securities and Exchange Commission's proscription of bidding and purchasing by interested persons during the course of a distribution. While the SEC has affirmed the need for clarification of some applications of the protean regulation, no definitive analysis has been forthcoming. In an attempt to ascertain the current view of the Commission with respect to enforcement of the prohibition and to isolate the more troublesome issues raised by the rule, this comment examines the background of …
Cooperative Self-Help Housing, Tom L. Davis
Cooperative Self-Help Housing, Tom L. Davis
Law and Contemporary Problems
No abstract provided.
The Implementation Of The Rent Supplement Program—A Staff View, Walter L. Smith
The Implementation Of The Rent Supplement Program—A Staff View, Walter L. Smith
Law and Contemporary Problems
No abstract provided.
New Techniques In Public Housing, Joseph Burnstein
New Techniques In Public Housing, Joseph Burnstein
Law and Contemporary Problems
No abstract provided.
Foreword, Robinson O. Everett, John D. Johnston Jr.
Foreword, Robinson O. Everett, John D. Johnston Jr.
Law and Contemporary Problems
No abstract provided.
Housing In Model Cities, H. Ralph Taylor, George A. Williams Jr.
Housing In Model Cities, H. Ralph Taylor, George A. Williams Jr.
Law and Contemporary Problems
No abstract provided.
The Department Of Housing And Urban Development—Building A New Federal Department, Dwight A. Ink
The Department Of Housing And Urban Development—Building A New Federal Department, Dwight A. Ink
Law and Contemporary Problems
No abstract provided.
The Impact Of Fiscal And Monetary Policy On The Housing Market, Thomas H. Naylor
The Impact Of Fiscal And Monetary Policy On The Housing Market, Thomas H. Naylor
Law and Contemporary Problems
No abstract provided.
Rehabilitation Of Housing: Federal Programs And Private Enterprise, Bernard E. Loshbough
Rehabilitation Of Housing: Federal Programs And Private Enterprise, Bernard E. Loshbough
Law and Contemporary Problems
No abstract provided.
Fha And Fnma Assistance For Multifamily Housing, B. T. Fitzpatrick
Fha And Fnma Assistance For Multifamily Housing, B. T. Fitzpatrick
Law and Contemporary Problems
No abstract provided.
Rent Supplements And The Subsidy Dilemma: The Equity Of A Selective Subsidy System, Irving H. Welfeld
Rent Supplements And The Subsidy Dilemma: The Equity Of A Selective Subsidy System, Irving H. Welfeld
Law and Contemporary Problems
No abstract provided.
Public Housing—A Social Experiment Seeks Acceptance, William H. Ledbetter Jr.
Public Housing—A Social Experiment Seeks Acceptance, William H. Ledbetter Jr.
Law and Contemporary Problems
No abstract provided.
The Negro Ghettos And Federal Housing Policy, George W. Grier
The Negro Ghettos And Federal Housing Policy, George W. Grier
Law and Contemporary Problems
No abstract provided.
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus—Part Two: On The Need For Adaptation To Changing Reality, Arthur Selwyn Miller, Alan W. Scheflin
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus—Part Two: On The Need For Adaptation To Changing Reality, Arthur Selwyn Miller, Alan W. Scheflin
Duke Law Journal
No abstract provided.
A Note On The Role Of Equity In The Curriculum Of The Modern Law School, Sheldon Tefft
A Note On The Role Of Equity In The Curriculum Of The Modern Law School, Sheldon Tefft
Duke Law Journal
One of the casualties of the generally beneficial merger of law and equity has been the abandonment by law schools of courses treating equitable relief. The author of this article perceives an increasing need for curriculum changes which will restore this neglected subject to its proper role in the education of the lawyer.
The Status Of Multiemployer Bargaining Under The National Labor Relations Act
The Status Of Multiemployer Bargaining Under The National Labor Relations Act
Duke Law Journal
The recent decision of the National Labor Relations Board in Evening News Ass'n permitting unions as well as employers to withdraw unliaterally from established multiemployer bargaining units may well have jeopardized the utility of such units as a stabilizing force in labor relations. This comment examines the past and present policies of the NLRB with regard to multi-employer collective bargaining and attempts to demonstrate that the Board's conclusion in Evening News is neither dictated by precedent nor based on sound policy considerations.
Constitutional Law: The Supreme Court Constructs A Limited Right To Trial By Jury For Federal Criminal Contemnors
Duke Law Journal
In an exercise of the discretionary rule-making authority over the lower federal courts, the Supreme Court in Cheff v. Schnackenburg directed that sentences exceeding six months may not be imposed absent a jury trial or waiver thereof. However, in obliquely withdrawing the previously asserted constitutional basis for the six-months limitation, the Court conceivably has undermined the viability of the criminal contemnor's "right" to a jury trial. Moreover, in light of the potential conflict between the Cheff directive and congressional intent, the precise scope and mode of application of the sentencing restriction remains unsettled.
Evidence: Admission Of Mathematical Probability Statistics Held Erroneous For Want Of Demonstration Of Validity
Duke Law Journal
In State v. Sneed the New Mexico Supreme Court limited its disapproval of evidence of probability statistics to the particular facts presented but failed to articulate specific safeguards for subsequent use of such evidence. This note explores the nature of probability statistics, their potential utility in a legal context, and criteria by which their admissibility might be determined.
Antitrust: Ninth Circuit Applies Federal Standing Requirements For Treble Damage Suits Under Section 4 Of The Clayton Act
Duke Law Journal
No abstract provided.
Attorneys: Attorney-Client Privilege And Work Product Doctrine Held Inapplicable To Prevent Disclosure Of Expert Appraisal Report Prepared For Estate Tax Return
Duke Law Journal
No abstract provided.
Federal Taxation: Barter-Equation Technique Employed To Value Transferred Securities Despite Presence Of Active Market
Duke Law Journal
No abstract provided.