Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Cases (14)
- Analysis (6)
- Judicial review of administrative acts (4)
- Delegated legislation (3)
- Interpretation and construction (3)
-
- Acquisitions and mergers (2)
- Civil rights (2)
- Corporate directors (2)
- Employment discrimination (2)
- Jurisdiction (2)
- Administrative law (1)
- Administrative responsibility (1)
- Affirmative action (1)
- Bank holding companies (1)
- Bank mergers (1)
- Bankruptcy (1)
- Bankruptcy courts (1)
- Bankruptcy law (1)
- Boycotts (1)
- Class actions (Civil procedure) (1)
- Collective labor agreements (1)
- Competition (Economics) (1)
- Conditional sales contracts (1)
- Constitutional history (1)
- Constitutional law (1)
- Copyright (1)
- Corporate reorganizations (1)
- Debtor and creditor (1)
- Defense (Criminal procedure) (1)
- Design protection (1)
Articles 1 - 30 of 45
Full-Text Articles in Law
New Dimensions In The Robinson-Patman Act After Vanco Beverage, R. Mark Mccareins
New Dimensions In The Robinson-Patman Act After Vanco Beverage, R. Mark Mccareins
Duke Law Journal
The Article addresses the concerns of the courts, commentators, practitioners, and business persons over the years in defining the parameters of the "meeting competition" defense under the Robinson-Patman Act. The Supreme Court in Falls City Industries v. Vanco Beverage, Inc. held that a seller can meet a competitor's prices on an area-wide basis without analyzing the intricacies of each competitive situation. The Court further held that a seller can find a safe harbor in the "meeting competition" defense even if the matching prices are offered to attract new customers. The Court's decision, if not unthoughtfully extended, should provide welcome guidance …
Design Protection In Domestic And Foreign Copyright Law: From The Berne Revision Of 1948 To The Copyright Act Of 1976, J. H. Reichman
Design Protection In Domestic And Foreign Copyright Law: From The Berne Revision Of 1948 To The Copyright Act Of 1976, J. H. Reichman
Duke Law Journal
This is the first of two articles that study the complex interactions of the different branches of intellectual property law that seek to regulate the degree of protection to be accorded ornamental designs of useful articles. A circular pattern can be discerned in the treatment of these designs in both foreign and domestic law. Traditionally, the right to copyright protection is premised on a claim that certain industrial designs are entitled to legal recognition as art in the historical sense. The economic repercussions of such recognition flow principally from the industrial character of the material support in which ornamental designs …
Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz
Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz
Duke Law Journal
In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing …
The Conflict Between Executive Privilege And Congressional Oversight: The Gorsuch Controversy, Ronald L. Claveloux
The Conflict Between Executive Privilege And Congressional Oversight: The Gorsuch Controversy, Ronald L. Claveloux
Duke Law Journal
No abstract provided.
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Duke Law Journal
No abstract provided.
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Duke Law Journal
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
The Political Boycott: An Unprivileged Form Of Expression, Gordon M. Orloff
The Political Boycott: An Unprivileged Form Of Expression, Gordon M. Orloff
Duke Law Journal
No abstract provided.
Trading Stamps S&H And The Ftc’S Unfairness Doctrine, Ernest Gellhorn
Trading Stamps S&H And The Ftc’S Unfairness Doctrine, Ernest Gellhorn
Duke Law Journal
The Federal Trade Commission's authority to prohibit "unfair methods of competition" was broadly interpreted more than a decade ago by the Supreme Court in FTC v. Sperry & Hutchinson Co. That decision allowed the FTC to bar business practices, including restrictions on the distribution of trading stamps, upon a finding that consumers were being injured even though no injury to competition was identified. The FTC since has applied the unfairness doctrine expansively and often without regard to its impact on consumer welfare. Proposing the application of a consumer welfare standard under the Commission's unfairness authority, Dean Gellhorn demonstrates that the …
Application Of The Federal Abstention Doctrines To The Domestic Relations Exception To Federal Diversity Jurisdiction, Rebecca E. Swenson
Application Of The Federal Abstention Doctrines To The Domestic Relations Exception To Federal Diversity Jurisdiction, Rebecca E. Swenson
Duke Law Journal
No abstract provided.
The Federal Parole Decision And The Discretionary Function Exception, Julie Hills
The Federal Parole Decision And The Discretionary Function Exception, Julie Hills
Duke Law Journal
No abstract provided.
Legal Realism, The New Journalism, And The Brethren, George Anastaplo
Legal Realism, The New Journalism, And The Brethren, George Anastaplo
Duke Law Journal
No abstract provided.
Was There A Baby In The Bathwater? A Comment On The Supreme Court’S Legislative Veto Decision, Peter L. Strauss
Was There A Baby In The Bathwater? A Comment On The Supreme Court’S Legislative Veto Decision, Peter L. Strauss
Duke Law Journal
Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.
Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak
Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak
Duke Law Journal
No abstract provided.
Transnational Corporations And Developing Public International Law, Jonathan I. Charney
Transnational Corporations And Developing Public International Law, Jonathan I. Charney
Duke Law Journal
In recent years the international community has been developing various international codes of conduct, many of which will contain rules governing the behavior of transnational corporations (TNCs). Most of these rules are being developed with little or no direct TNC participation. Professor Charney argues that because TNCs represent major, independent centers of influence, failure to include them in the codes of conduct negotiations may result in rules that do not accurately reflect the realities of TNC interests and power. If the international community later seeks to convert these rules into legal norms, TNC resistance will probably place costly strains on …
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
Duke Law Journal
No abstract provided.
Judicial Interpretation Of Collective Bargaining Agreements: The Danger Inherent In The Determination Of Arbitrability, Paula L. Mcdonald
Judicial Interpretation Of Collective Bargaining Agreements: The Danger Inherent In The Determination Of Arbitrability, Paula L. Mcdonald
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Duke Law Journal
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.
Director Independence And Derivative Suit Settlements, Kenneth W. Kossoff
Director Independence And Derivative Suit Settlements, Kenneth W. Kossoff
Duke Law Journal
No abstract provided.
Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen
Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen
Duke Law Journal
In several recent decisions the federal appeals courts have adopted a standard for reviewing denials of proposed bank combinations which substantially restricts the ability of federal bank regulators to reject anticompetitive combinations. Professor Carstensen analyzes the three leading decisions and the litigating positions of the parties. He argues that the results in these cases, although predictable, are inconsistent with express statutory language, legislative history, past Supreme Court construction of the relevant standard, and the fundamental public policy of avoiding unnecessarily anticompetitive combinations. He suggests two ways in which the statute could be read which would preserve reasonable judicial review of …
The Principles Of Social Order. Selected Essays Of Lon L. Fuller, Edited With An Introduction By Kenneth I. Winston, P. S. Atiyah
The Principles Of Social Order. Selected Essays Of Lon L. Fuller, Edited With An Introduction By Kenneth I. Winston, P. S. Atiyah
Duke Law Journal
No abstract provided.
Market Delineation And The Justice Department’S Merger Guidelines, Gregory J. Werden
Market Delineation And The Justice Department’S Merger Guidelines, Gregory J. Werden
Duke Law Journal
On June 14, 1982, the U. S. Department of Justice released new Merger Guidelines which outline its approach to enforcing section 7 of the Clayton Act. Perhaps the most innovative and important aspect of the Guidelines is their approach to market delineation. Gregory Werden, who was intimately involved in the preparation of the Guidelines, explores the practical applications of the Guidelines' market delineation principles. He finds that the Guidelines provide no rules for delineating markets but nevertheless make a major contribution by providing a coherent conceptual framework for thinking about the issues.
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie
Duke Law Journal
Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power; and although in the Taney period the …
Executive Order 12,333: An Assessment Of The Validity Of Warrantless National Security Searches, David S. Eggert
Executive Order 12,333: An Assessment Of The Validity Of Warrantless National Security Searches, David S. Eggert
Duke Law Journal
No abstract provided.