Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Duke Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 12121 - 12150 of 14433

Full-Text Articles in Law

Habeas Corpus: Unconstitutional Increase In Sentence Upon Retrial And Denial Of Credit For Time Served: Jaws Of The Same Vice Oct 1966

Habeas Corpus: Unconstitutional Increase In Sentence Upon Retrial And Denial Of Credit For Time Served: Jaws Of The Same Vice

Duke Law Journal

No abstract provided.


Propoganda And The Soviet Concept Of World Public Order, Kazimierz Grzybowski Jul 1966

Propoganda And The Soviet Concept Of World Public Order, Kazimierz Grzybowski

Law and Contemporary Problems

No abstract provided.


A Comment On Professor Newhouse’S Paper, Nathaniel L. Nathanson Jul 1966

A Comment On Professor Newhouse’S Paper, Nathaniel L. Nathanson

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 1966

Journal Staff

Law and Contemporary Problems

No abstract provided.


The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne Jul 1966

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Law and Contemporary Problems

No abstract provided.


Foreword, Clark C. Havighurst Jul 1966

Foreword, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.


The Present Status Of Propaganda In International Law, Arthur Larson Jul 1966

The Present Status Of Propaganda In International Law, Arthur Larson

Law and Contemporary Problems

No abstract provided.


The American Commitment To Public Propoganda, Richard T. Davies Jul 1966

The American Commitment To Public Propoganda, Richard T. Davies

Law and Contemporary Problems

No abstract provided.


The American Commitment To Private International Political Communications: A View Of Free Europe, Inc., Richard C. Rowson Jul 1966

The American Commitment To Private International Political Communications: A View Of Free Europe, Inc., Richard C. Rowson

Law and Contemporary Problems

No abstract provided.


War Propoganda: A Serious Crime Against Humanity, Yuri Bobbakov Jul 1966

War Propoganda: A Serious Crime Against Humanity, Yuri Bobbakov

Law and Contemporary Problems

No abstract provided.


The Constitution And International Agreements Or Unilateral Action Curbing “Peace-Imperiling’ Propoganda, Wade J. Newhouse Jr. Jul 1966

The Constitution And International Agreements Or Unilateral Action Curbing “Peace-Imperiling’ Propoganda, Wade J. Newhouse Jr.

Law and Contemporary Problems

No abstract provided.


The Case For Legal Control Of “Liberation’ Propoganda, Gerhard Von Glahn Jul 1966

The Case For Legal Control Of “Liberation’ Propoganda, Gerhard Von Glahn

Law and Contemporary Problems

No abstract provided.


International Propoganda And Minimum World Public Order, William V. O'Brien Jul 1966

International Propoganda And Minimum World Public Order, William V. O'Brien

Law and Contemporary Problems

No abstract provided.


The Problem Of Curbing International Propoganda, John B. Whitton Jul 1966

The Problem Of Curbing International Propoganda, John B. Whitton

Law and Contemporary Problems

No abstract provided.


On Regulating International Propoganda: A Plea For Moderate Aims, Richard A. Falk Jul 1966

On Regulating International Propoganda: A Plea For Moderate Aims, Richard A. Falk

Law and Contemporary Problems

No abstract provided.


International Conflict Of Laws: Limitations Imposed On Effect American Courts May Give To Foreign Confiscations Jul 1966

International Conflict Of Laws: Limitations Imposed On Effect American Courts May Give To Foreign Confiscations

Duke Law Journal

Where a foreign government purports to confiscate its citizen's assets although located within the United States, the Second Circuit has held that both federal and state courts must deny effect to the confiscation unless it is consistent with United States law and policy. This result obtains because such a confiscatory decree constitutes an "act of state" within the category of actions deemed by the Supreme Court in Sabbatino to necessitate a uniform federal rule.


Administrative Law: Congressional Criticism Of Ftc For Decision In Pending Case Held To Deprive Administrative Litigant Of Due Process Jul 1966

Administrative Law: Congressional Criticism Of Ftc For Decision In Pending Case Held To Deprive Administrative Litigant Of Due Process

Duke Law Journal

In Pillsbury, the Fifth Circuit found a denial of due process because a Senate Subcommittee, hearing testimony from members of the Federal Trade Commission, criticized that body for its interpretation of the law applicable to a pending case. While the fact situation is unique, the holding should have significant ramifications for the judicial function of the administrative agencies generally.


The Malpractice Of Psychiatrists, Donald J. Dawidoff Jul 1966

The Malpractice Of Psychiatrists, Donald J. Dawidoff

Duke Law Journal

Problems relating to the legal standard of care to be imposed upon members of the medical profession have aroused increasing interest in recent years. Particularly difficult to define is the legal obligation on the part of the doctor growing out of the intimate relationship between a psychiatrist and his patient. In this article the author critically analyzes the rather sparse case law dealing with this variation of the physician-patient relation and sets down numerous guidelines in this still-developing area of the law.


Labor Law: Union Fining As An Unfair Labor Practice Under Section 8(B)(1)(A) Jul 1966

Labor Law: Union Fining As An Unfair Labor Practice Under Section 8(B)(1)(A)

Duke Law Journal

Courts recently have utilized section 8(b)(1)(A) to strike at the traditional power of a labor union to fine its members, holding that certain fines impinge on rights guaranteed by the Taft-Hartley Act. This comment examines the problems involved in determining which fines are unfair labor practices and attempts to show how a section 8(b)(1)(A) remedy can be effectively integrated with previous state and federal regulation of internal union affairs.


Property Law: The Estates Of Missing Persons Jul 1966

Property Law: The Estates Of Missing Persons

Duke Law Journal

This comment compiles and critically analyzes the various statutory provisions enacted for the preservation and distribution of the property of missing and unaccounted-for persons. Special emphasis is given the recently enacted North Carolina statute because of its enlightened and comprehensive approach.


Constructive Dividends: Taxing The Waiving Shareholder To The Extent Of Dividends Waived Jul 1966

Constructive Dividends: Taxing The Waiving Shareholder To The Extent Of Dividends Waived

Duke Law Journal

The Internal Revenue Service has established a policy of applying the constructive dividend doctrine when a shareholder waives his right to future undeclared dividends, where no bona fide business purpose exists for the waiver and where the benefited shareholder is a relative of the waiving shareholder. The Service has neither designated the business purposes which are to be regarded as legitimate nor announced what policy will prevail where both a bona fide business purpose and a substantial benefit to the waiving shareholder's relatives exist. However, case law in analogous tax areas indicates that the constructive dividend doctrine will not be …


Labor Law: Supreme Court Provides An Imprimatur For Expanded Protection Of The Parochial Interests Of Private Disputants Under The Nlra Jul 1966

Labor Law: Supreme Court Provides An Imprimatur For Expanded Protection Of The Parochial Interests Of Private Disputants Under The Nlra

Duke Law Journal

The Supreme Court held that a party wholly successful in an unfair labor practice proceeding before the NLRB has a right to intervene in appellate review or enforcement proceedings. The Court recognized the existence of strong, albeit subordinate, private interests under the NLRA and seemingly utilized a balancing test to determine the nature and extent of the protection to be accorded such interests. The reasoning employed may also presage expanded procedural and remedial protection for private interests at every adjudicatory level.


Fremont-Smith: The Foundations And Government: State And Federal Law And Supervision, Charles O. Galvin Jul 1966

Fremont-Smith: The Foundations And Government: State And Federal Law And Supervision, Charles O. Galvin

Duke Law Journal

No abstract provided.


Baum And Stiles: The Silent Partners: Institutional Investors And Corporate Control; Austin: Proxy Contests And Corporate Reform; Rubner: The Ensnared Shareholder: Directors And The Modern Corporation, Lewis D. Gilbert Jul 1966

Baum And Stiles: The Silent Partners: Institutional Investors And Corporate Control; Austin: Proxy Contests And Corporate Reform; Rubner: The Ensnared Shareholder: Directors And The Modern Corporation, Lewis D. Gilbert

Duke Law Journal

No abstract provided.


Norris: Mr. Justice Murphy And The Bill Of Rights, Woodford Howard Jul 1966

Norris: Mr. Justice Murphy And The Bill Of Rights, Woodford Howard

Duke Law Journal

No abstract provided.


A Listing Of Current Books Jul 1966

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Movie Censorship: A Swiss Comparison, Francis William O'Brien Jul 1966

Movie Censorship: A Swiss Comparison, Francis William O'Brien

Duke Law Journal

Obscenity and censorship are perhaps the most unsettled areas of constitutional law in this country today. To many, the deep divisions and divergent attitudes of the Justices of the Supreme Court constitute an intolerable state of affairs for a functioning system of jurisprudence. This article will not present a panacea for these problems. But in an area where disagreement abounds, examination of the approach of another legal system can lead to clearer thinking, reorientation of analysis, and a better over-view of the entire area. Since many of the problems which have plagued the courts in this country have likewise been …


Summary Jurisdiction In Bankruptcy: Katchen V. Landy And Questions Left Unanswered, William J. Rochelle Jr., John L. King Jul 1966

Summary Jurisdiction In Bankruptcy: Katchen V. Landy And Questions Left Unanswered, William J. Rochelle Jr., John L. King

Duke Law Journal

This article deals with a complex and conceptually difficult phase of bankruptcy law. It is not written for the beginner, for it does not contain all the background material necessary to effectuate a full understanding of the area. But it is extremely objective, and it exhaustively treats the relevant appellate court decisions. For the informed reader, therefore, it is both thought-provoking and an invaluable research tool.


Constitutional Law: Supreme Court Holds Pennsylvania Statute Imposing Costs On An Acquitted Defendant Void For Vagueness Jul 1966

Constitutional Law: Supreme Court Holds Pennsylvania Statute Imposing Costs On An Acquitted Defendant Void For Vagueness

Duke Law Journal

In sustaining the defendant's vagueness challenge, the Supreme Court rejected the State's contention that since the statute was "civil" in character, it did not have to meet the due process standard of certainty required of criminal statutes. The Court's language is susceptible of varying interpretations which, in turn, give rise to possibilities for novel applications of the void-for-vagueness doctrine.


Criminal Procedure—Supreme Court Narrows Scope Of Summary Procedures In Federal Criminal Contempt Convictions Jul 1966

Criminal Procedure—Supreme Court Narrows Scope Of Summary Procedures In Federal Criminal Contempt Convictions

Duke Law Journal

Under its power to supervise the administration of justice in the federal courts, the Supreme Court has severely circumscribed the use of summary proceedings to punish for contempt of court.