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Duke Law

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Articles 12151 - 12180 of 14433

Full-Text Articles in Law

Journal Staff Jul 1966

Journal Staff

Duke Law Journal

No abstract provided.


Privacy And The Law: A Philosophical Prelude, Milton R. Konvitz Apr 1966

Privacy And The Law: A Philosophical Prelude, Milton R. Konvitz

Law and Contemporary Problems

No abstract provided.


Foreword, Clark C. Havighurst Apr 1966

Foreword, Clark C. Havighurst

Law and Contemporary Problems

No abstract provided.


The Right To Privacy And American Law, William M. Beaney Apr 1966

The Right To Privacy And American Law, William M. Beaney

Law and Contemporary Problems

No abstract provided.


Privacy: Its Constitution And Vicissitudes, Edward Shils Apr 1966

Privacy: Its Constitution And Vicissitudes, Edward Shils

Law and Contemporary Problems

No abstract provided.


Some Psychological Aspects Of Privacy, Sidney M. Jourard Apr 1966

Some Psychological Aspects Of Privacy, Sidney M. Jourard

Law and Contemporary Problems

No abstract provided.


Philosophical Views On The Value Of Privacy, Glenn Negley Apr 1966

Philosophical Views On The Value Of Privacy, Glenn Negley

Law and Contemporary Problems

No abstract provided.


Privacy In Tort Law—Were Warren And Brandeis Wrong?, Harry Kalven Jr. Apr 1966

Privacy In Tort Law—Were Warren And Brandeis Wrong?, Harry Kalven Jr.

Law and Contemporary Problems

No abstract provided.


The Files: Legal Controls Over The Accuracy And Accessibility Of Stored Personal Data, Kenneth L. Karst Apr 1966

The Files: Legal Controls Over The Accuracy And Accessibility Of Stored Personal Data, Kenneth L. Karst

Law and Contemporary Problems

No abstract provided.


Privacy In Welfare: Public Assistance And Juvenile Justice, Joel F. Handler, Margaret K. Rosenheim Apr 1966

Privacy In Welfare: Public Assistance And Juvenile Justice, Joel F. Handler, Margaret K. Rosenheim

Law and Contemporary Problems

No abstract provided.


The Privacy Of Government Employees, William A. Creech Apr 1966

The Privacy Of Government Employees, William A. Creech

Law and Contemporary Problems

No abstract provided.


Journal Staff Apr 1966

Journal Staff

Law and Contemporary Problems

No abstract provided.


Los Angeles Copyright Society And The Ucla School Of Law: Copyright And Related Topics—A Choice Of Articles, Abe A. Goldman Apr 1966

Los Angeles Copyright Society And The Ucla School Of Law: Copyright And Related Topics—A Choice Of Articles, Abe A. Goldman

Duke Law Journal

No abstract provided.


Two’S Company, John S. Bradway Apr 1966

Two’S Company, John S. Bradway

Duke Law Journal

This is an article which all lawyers should read. Its immediate concern is with legal services for the poor, but its thrust goes far beyond the immediate problem; indeed, its true emphasis concerns a fundamental evaluation of the legal profession and its place in our society. To state that it is thought-provoking is to give it little credit. The author is a man whose experience in the field spans almost half a century. The reader may disagree with the conclusions reached, but he must pay deference to the sincerity and sagacity of the views which it expresses.


Psychological Testing And Constitutional Rights, William A. Creech Apr 1966

Psychological Testing And Constitutional Rights, William A. Creech

Duke Law Journal

The federal government uses psychological tests throughout the employment process-in hiring, promoting, and retiring its employees. Some of these tests probe into the most intimate aspects of an individual's life. Do these tests produce their intended results? Are they necessary for effective government service? Do they unreasonably interfere with the private lives of the individuals tested? These and other questions have been asked with increasing frequency recently, and the author, who was counsel to the Senate Subcommittee which has been investigating governmental psychological testing, attempts to answer some of them in this article.


The Court Of Claims And The Wunderlich Act: Trends In Judicial Review, Joseph Sachter Apr 1966

The Court Of Claims And The Wunderlich Act: Trends In Judicial Review, Joseph Sachter

Duke Law Journal

Lawyers faced with government contract controversies can easily find themselves in a hopeless quandary. If the matter cannot be settled administratively, the course of judicial review is a unique and unfamiliar one, with a vast number of pitfalls-pitfalls whose size and location seem to change with each new decision rendered by the Court of Claims. This article attempts to exhaustively chart the pitfalls and the course to be followed for effective handling of a review. It is an invaluable aid to the practitioner.


Voting Rights Act Of 1965 Apr 1966

Voting Rights Act Of 1965

Duke Law Journal

The Voting Rights Act of 1965, with its triggering device and automatic remedies, not only provides an effective means to eradicate voting inequality but also accentuates the breadth and variety of congressional power under the fifteenth amendment.


Federal Intervention In The States For The Suppression Of Domestic Violence: Constitutionality, Statutory Power, And Policy Apr 1966

Federal Intervention In The States For The Suppression Of Domestic Violence: Constitutionality, Statutory Power, And Policy

Duke Law Journal

When outbreaks of domestic violence in the wake of the civil rights movement have necessitated a federal presence in the form of troops or marshals to maintain public order, section 333 of title 10 of the United States Code has been invoked by federal authorities to authorize federal intervention. Section 333, a long-dormant and little-discussed remnant of reconstruction legislation, was enacted in order to secure the fourteenth amendment's guarantee of equal protection of the laws. Judicious exertion of the powers conferred by this statute may serve both remedial and deterrent functions for the suppression of mass violence which the states …


Federal Preemption: Governmental Interests And The Role Of The Supreme Court Apr 1966

Federal Preemption: Governmental Interests And The Role Of The Supreme Court

Duke Law Journal

This comment is an analysis of Supreme Court decisions in cases raising a substantial issue of preemption, not including cases involving the National Labor Relations Act and amending legislation. Inquiry is especially directed towards assessing the significance of the relative strengths of the state and federal governmental interests involved in each case.


Constitutional Law: Criminal Punishment Of Alcoholic For Public Drunkenness Held To Be Cruel And Unusual Under The Eighth And Fourteenth Amendments Apr 1966

Constitutional Law: Criminal Punishment Of Alcoholic For Public Drunkenness Held To Be Cruel And Unusual Under The Eighth And Fourteenth Amendments

Duke Law Journal

The Fourth Circuit unanimously held that criminal punishment of an alcoholic for public drunkenness violates the eighth and fourteenth amendments. This landmark decision, while apparently sound, leaves the states with many new problems in effecting the shift from the jail to the hospital. Some possible solutions to these problems are suggested herein. In addition, the possibility of applying the rationale of the holding to crimes other than public drunkenness is considered.


Judicial Notice And Deposition Practice In International Litigation Apr 1966

Judicial Notice And Deposition Practice In International Litigation

Duke Law Journal

In view of statutory innovations in the areas of judicial notice of foreign law and depositions taken abroad, and the practical difficulties encountered under these statutes, this comment attempts a reevaluation of modern trends and needs.


Constitutional Law: Supreme Court Finds Marital Privacy Immunized From State Intrusion As A Bill Of Rights Periphery Apr 1966

Constitutional Law: Supreme Court Finds Marital Privacy Immunized From State Intrusion As A Bill Of Rights Periphery

Duke Law Journal

The United States Supreme Court recently adjudged a Connecticut statute which prohibited the use of contraceptives violative of fourteenth amendment due process because of its application infringing the right of marital privacy. The six opinions delivered by the Court displayed several interpretations concerning the nature and scope of the protection afforded by due process and gave that clause both familiar and novel application.


Federal Taxation: Gift To Minor Held A Present Interest Qualifying For Section 2503(C) Gift Tax Exclusion Despite State Laws Restricting Present Enjoyment Apr 1966

Federal Taxation: Gift To Minor Held A Present Interest Qualifying For Section 2503(C) Gift Tax Exclusion Despite State Laws Restricting Present Enjoyment

Duke Law Journal

Due to the difficulty of qualifying for the annual exclusion under section 2503, while avoiding the conferral of complete control of the property to an inexperienced minor, Congress passed section 2503(c). However, the efficacy of this section for estate planning was limited by its ambiguity and the Treasury's interpretation. The recent case of Ross v. United States has clarified to a certain extent the meaning of the criteria established by section 2503(c) and has, at least partially, rejected the Treasury's interpretation. In so doing, it has contributed to the usefulness of this section as a workable tool in estate planning.


Habeas Corpus: Fourth Circuit Allows Writ To Issue To State Prisoner Not Yet Serving Sentence Under Attack Apr 1966

Habeas Corpus: Fourth Circuit Allows Writ To Issue To State Prisoner Not Yet Serving Sentence Under Attack

Duke Law Journal

By manipulating the concept of custody to include the legal effects of a conviction precedent to service of sentence, the Fourth Circuit has extended the use of the writ of habeas corpus into new and perhaps questionable areas.


State Sales And Use Taxation In Interstate Commerce: Congress Makes Some Suggestions Apr 1966

State Sales And Use Taxation In Interstate Commerce: Congress Makes Some Suggestions

Duke Law Journal

This note examines critically the recommendations of the Special Subcommittee of the House Judiciary Committee on State Sales and Use Taxation, and the resultant bill proposed to Congress.


A Listing Of Current Books Apr 1966

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Price: The Scientific Estate, James F. Bullock Apr 1966

Price: The Scientific Estate, James F. Bullock

Duke Law Journal

No abstract provided.


Journal Staff Apr 1966

Journal Staff

Duke Law Journal

No abstract provided.


Minimum Age Difference As A Requisite For Adoption, Walter J. Wadlington Iii Apr 1966

Minimum Age Difference As A Requisite For Adoption, Walter J. Wadlington Iii

Duke Law Journal

Recent incidents of abortive uses of adoption statutes have pointed up the possible need for a healthy change in our adoption laws: the inclusion of a required age difference between adopter and adoptee. The author urges that such a statutory requirement is necessary to more fully effectuate the idea that "adoption imitates nature," a postulate of adoption law originating in Roman jurisprudence and, so the author contends, underlying adoption law in this country. The article raises interesting questions concerning the very nature of adoption, the function which it serves in our society, and the possible policy differences between minor and …


Foreword, Robinson O. Everett Jan 1966

Foreword, Robinson O. Everett

Law and Contemporary Problems

No abstract provided.