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Articles 12031 - 12060 of 14433
Full-Text Articles in Law
Trade Regulation: Second Circuit Finds Sherman Act Violation In Musicians Union’S Price-Fixing But Exempts Coerced Unionization Of Orchestra Leaders
Duke Law Journal
No abstract provided.
Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn
Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn
Duke Law Journal
The remarkable growth in recent years of franchise contracts as a means of marketing a variety of goods and services has been accompanied by an increase in litigation over franchise terminations. To date, however, the courts have provided only stopgap protections against the gravest abuses. Some courts have imposed subjective good faith limitations and a few legislatures have broached the area, but the results have not been satisfactory. Behind the franchise termination situation often lie elementary considerations of fairness which the courts in other contexts have been able to deal with by expanding established principles of contract law. The application …
The American Bar Association Suggests An Answer To The “Fair Trial-Free Press Dilemma”
The American Bar Association Suggests An Answer To The “Fair Trial-Free Press Dilemma”
Duke Law Journal
In response to the increasing controversy subsumed under the label of "fair trial-free press," the American Bar Association has issued a Tentative Draft of Standards. This comment examines the impediments posed to a constitutionally fair trial by unbridled publicity and evaluates the proposed solutions, with particular emphasis upon the ABA's recommendations.
Foreword, Robinson O. Everett, John D. Johnston Jr.
Foreword, Robinson O. Everett, John D. Johnston Jr.
Law and Contemporary Problems
No abstract provided.
Mobile Homes—A New Challenge, Frederick H. Bair Jr.
Mobile Homes—A New Challenge, Frederick H. Bair Jr.
Law and Contemporary Problems
No abstract provided.
Population Pressure, Housing, And Habitat, Joseph J. Spengler
Population Pressure, Housing, And Habitat, Joseph J. Spengler
Law and Contemporary Problems
No abstract provided.
An Assessment Of National Housing Needs, Nathaniel S. Keith
An Assessment Of National Housing Needs, Nathaniel S. Keith
Law and Contemporary Problems
No abstract provided.
Citizen Participation: A Suburban Suggestion For The Central City, Richard F. Babcock, Fred P. Bosselman
Citizen Participation: A Suburban Suggestion For The Central City, Richard F. Babcock, Fred P. Bosselman
Law and Contemporary Problems
No abstract provided.
Local Public Policy And The Residential Development Process, Edward J. Kaiser, Shirley F. Weiss
Local Public Policy And The Residential Development Process, Edward J. Kaiser, Shirley F. Weiss
Law and Contemporary Problems
No abstract provided.
Public/Private Approaches To Urban Mortgage And Housing Problems, Saul B. Klaman
Public/Private Approaches To Urban Mortgage And Housing Problems, Saul B. Klaman
Law and Contemporary Problems
No abstract provided.
The Influence Of Mortgage Lenders On Building Design, John B. Halper
The Influence Of Mortgage Lenders On Building Design, John B. Halper
Law and Contemporary Problems
No abstract provided.
Housing, The Computer, And The Architectural Process, Arthur R. Cogswell
Housing, The Computer, And The Architectural Process, Arthur R. Cogswell
Law and Contemporary Problems
No abstract provided.
Perfecting The Condominium As A Housing Tool: Innovations In Tort Liability And Insurance, Patrick J. Rohan
Perfecting The Condominium As A Housing Tool: Innovations In Tort Liability And Insurance, Patrick J. Rohan
Law and Contemporary Problems
No abstract provided.
Unions, Housing Costs, And The National Labor Policy, Sylvester Petro
Unions, Housing Costs, And The National Labor Policy, Sylvester Petro
Law and Contemporary Problems
No abstract provided.
Slum Housing: A Functional Analysis, George Sternlieb
Slum Housing: A Functional Analysis, George Sternlieb
Law and Contemporary Problems
No abstract provided.
Government And Slum Housing: Some General Considerations, Lawrence M. Friedman
Government And Slum Housing: Some General Considerations, Lawrence M. Friedman
Law and Contemporary Problems
No abstract provided.
Federal Taxation: Instruction To Pay Premiums For Insurance On Life Of Donee From Trust Assets Held To Qualify Under Section 2503(C)
Duke Law Journal
No abstract provided.
Unfair Competition: Appropriation Of Trade Secrets Held To Constitute Continuing Tort For Purpose Of Statute Of Limitations
Duke Law Journal
No abstract provided.
Cash Tender Offers For Shares—A Reply To Chairman Cohen, Henry G. Manne
Cash Tender Offers For Shares—A Reply To Chairman Cohen, Henry G. Manne
Duke Law Journal
In the past few years, the corporate takeover device of the cash tender offer has grown in frequency, and thus in importance. Concomitantly, legislation designed to sweep this relatively unregulated method of acquiring corporate control into the ambit of the SEC has been proffered. In response to the reasons which have been propounded in favor of such regulation, the author analyzes the pending legislation, appraises its likely consequences, and evaluates its objectives.
Marital Deduction Formulae—A Planner’S Guide, Mark B. Edwards
Marital Deduction Formulae—A Planner’S Guide, Mark B. Edwards
Duke Law Journal
The marital deduction formula bequest exists principally as a means of minimizing federal estate taxes. Considerations apart from the estate tax, however, have had a substantial effect upon the form of such clauses, and a 1964 pronouncement by the Internal Revenue Service has circumscribed their continued utility. The author examines the basic formula clauses, setting out the characteristics of each, the respects in which they differ, the objectives each is designed to secure, and the factors to be weighed by the draftsman who wishes to utilize a formula bequest to achieve a maximum federal estate tax marital deduction.
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus Part One: On Candor And The Court, Or, Why Bamboozle The Natives? The, Arthur Selwyn Miller, Alan W. Scheflin
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus Part One: On Candor And The Court, Or, Why Bamboozle The Natives? The, Arthur Selwyn Miller, Alan W. Scheflin
Duke Law Journal
No abstract provided.
Constitutional Law: State Jury Selection Procedure Held A Violation Of The Fourteenth Amendment
Constitutional Law: State Jury Selection Procedure Held A Violation Of The Fourteenth Amendment
Duke Law Journal
Criminal defendants have frequently raised due process and equal protection objections to the exclusion from their state court juries of various racial, economic, and occupational groups. In Labat v. Bennett, the Fifth Circuit, in order to determine the validity of such exclusions, enunciated a constitutional test: whether the exclusion is related to juror competence; whether it is justfied by public necessity; and whether the exclusion is compatible with the attainment of a jury which represents a cross section of the community.
Constitutional Law: Supreme Court Delineates The Relationship Between The Fourth And Fifth Amendments
Duke Law Journal
In Schmerber v. California the Supreme Court reaffirmed the admissibility of blood test evidence procured without consent of the accused. Rejecting petitioner's fourth and fifth amendment claims, the Court utilized a refined definition of the privilege against self-incrimination in determining the reasonableness of intracorporeal search and seizure. Moreover, the approach taken by the majority arguably presages the demise of the mere evidence rule.
Trade Regulation: District Court Clarifies Test For Conglomerate Merger Violation Of Clayton Act
Trade Regulation: District Court Clarifies Test For Conglomerate Merger Violation Of Clayton Act
Duke Law Journal
In a divestiture suit under the Clayton Act, the Southern District of New York limited the investigation necessary to ascertain a section 7 violation on the basis of reciprocity and brought reciprocal dealing standing apart from an acquisition within the purview of section 1 of the Sherman Act by analogy to tying arrangements. The reasoning and conclusions of the court may give significant impetus to the reciprocity concept as a basis for antitrust regulation with important implications for business expansion by diversification acquisition.
Trade Regulation: Section 5(B) Of The Clayton Act Given An Independent Role
Trade Regulation: Section 5(B) Of The Clayton Act Given An Independent Role
Duke Law Journal
Section 5(b) of the Clayton Act, which provides for suspension of the applicable statute of limitations during the pendency of Government antitrust litigation, has traditionally been limited to those cases where a Government-obtained judgment was potentially available as prima facie evidence in a subsequent private action pursuant to section 5(a) of the Clayton Act. Relying upon two recent Supreme Court decisions which viewed the private remedy broadly, the District Court for the District of Minnesota has emphasized the independent policy objectives of section 5(b) and has decreed a broader operative scope for the section.
Federal Civil Procedure: Consolidation Of Negligence Actions Inappropriate Where Lead Counsel Order Aggravates Conflict Of Interest Between Plaintiffs
Duke Law Journal
No abstract provided.
Labor Law: Seventh Circuit Holds Authorization Cards Exempt From The One-Year Bar Of Section 9(C)(3)
Labor Law: Seventh Circuit Holds Authorization Cards Exempt From The One-Year Bar Of Section 9(C)(3)
Duke Law Journal
No abstract provided.