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Faculty Publications

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Articles 8461 - 8490 of 8709

Full-Text Articles in Law

Meanwhile Back At The Courthouse, James D. Ghiardi Jan 1972

Meanwhile Back At The Courthouse, James D. Ghiardi

Faculty Publications

No abstract provided.


Jury Nullification: The Right To Say No, Alan Scheflin, Jon Van Dyke Jan 1972

Jury Nullification: The Right To Say No, Alan Scheflin, Jon Van Dyke

Faculty Publications

No abstract provided.


The Duty To Decide, Alan Scheflin Jan 1972

The Duty To Decide, Alan Scheflin

Faculty Publications

No abstract provided.


Principles Of Community Property, 2nd Edition, Paul J. Goda S.J. Jan 1972

Principles Of Community Property, 2nd Edition, Paul J. Goda S.J.

Faculty Publications

No abstract provided.


The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne Jan 1972

The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne

Faculty Publications

Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …


Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne Jan 1972

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Publications

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …


Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown Jan 1972

Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown

Faculty Publications

No abstract provided.


The Treaty Power And Family Law, Jerome J. Curtis Jr. Jan 1972

The Treaty Power And Family Law, Jerome J. Curtis Jr.

Faculty Publications

No abstract provided.


The Freedom Of Information Act: Suggestions For Making Information Available To The Public, Charles H. Koch Jr. Jan 1972

The Freedom Of Information Act: Suggestions For Making Information Available To The Public, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee Jan 1972

"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee

Faculty Publications

No abstract provided.


Ca-7'S "Wisconsin Big Boy" Case Has Dire Implications In 482 Area, John W. Lee Jan 1972

Ca-7'S "Wisconsin Big Boy" Case Has Dire Implications In 482 Area, John W. Lee

Faculty Publications

The Seventh Circuit, in Wisconsin Big Boy, has recently indicated that arm's-length charges may not prevent a Section 482 reallocation among integrated multiple corporations. Mr. Lee analyzes this recent development and suggests that in the future the proper defense to a 482 attack may lie in a reasonable division of profits.


State Constitutions For The 20th Century, William F. Swindler Jul 1971

State Constitutions For The 20th Century, William F. Swindler

Faculty Publications

No abstract provided.


Dri Brief Bank And Other Trial Service Procedures, Operations And Costs Revised, James D. Ghiardi Jan 1971

Dri Brief Bank And Other Trial Service Procedures, Operations And Costs Revised, James D. Ghiardi

Faculty Publications

No abstract provided.


Report Of The Defense Research Institute, James D. Ghiardi Jan 1971

Report Of The Defense Research Institute, James D. Ghiardi

Faculty Publications

No abstract provided.


The Uniform Commercial Code And The Certificateless Society, Thomas H. Jolls Jan 1971

The Uniform Commercial Code And The Certificateless Society, Thomas H. Jolls

Faculty Publications

No abstract provided.


Theories Of Water Pollution Litigation, Peter N. Davis Jan 1971

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.


Warrantless Searches And Seizures, Mack Player Jan 1971

Warrantless Searches And Seizures, Mack Player

Faculty Publications

No abstract provided.


Book Review Of Law Without Precedent: Legal Ideas In Action In The Colonial Courts Of Busoga, Larry I. Palmer Jan 1971

Book Review Of Law Without Precedent: Legal Ideas In Action In The Colonial Courts Of Busoga, Larry I. Palmer

Faculty Publications

No abstract provided.


Section 482 And The Integrated Business Enterprise, John W. Lee Jan 1971

Section 482 And The Integrated Business Enterprise, John W. Lee

Faculty Publications

No abstract provided.


Damages - The “Whole” Truth - A Rebuttal, James D. Ghiardi Jan 1971

Damages - The “Whole” Truth - A Rebuttal, James D. Ghiardi

Faculty Publications

No abstract provided.


The Chief Justice And Law Reform, 1921-1971, William F. Swindler Jan 1971

The Chief Justice And Law Reform, 1921-1971, William F. Swindler

Faculty Publications

No abstract provided.


Legal Problems Affecting Older Americans, George J. Alexander, United States Senate, Special Committee On Aging Aug 1970

Legal Problems Affecting Older Americans, George J. Alexander, United States Senate, Special Committee On Aging

Faculty Publications

No abstract provided.


Investment Securities, Thomas H. Jolls Apr 1970

Investment Securities, Thomas H. Jolls

Faculty Publications

No abstract provided.


The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler Mar 1970

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Faculty Publications

No abstract provided.


Auto Insurance In New York State, James D. Ghiardi, John J. Kircher Jan 1970

Auto Insurance In New York State, James D. Ghiardi, John J. Kircher

Faculty Publications

No abstract provided.


Civil Procedure, Robert Peterson Jan 1970

Civil Procedure, Robert Peterson

Faculty Publications

No abstract provided.


Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …


The Role Of The Judiciary In The Confrontation With The Problems Of Environmental Quality, Gary G. Neustadter Jan 1970

The Role Of The Judiciary In The Confrontation With The Problems Of Environmental Quality, Gary G. Neustadter

Faculty Publications

No abstract provided.