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Full-Text Articles in Law

Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson Jan 1989

Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson

Faculty Scholarship

Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …


Exchange, Contract And Law In The Stone Age, Joseph Perillo Jan 1989

Exchange, Contract And Law In The Stone Age, Joseph Perillo

Faculty Scholarship

No abstract provided.


Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh Jan 1989

Racial Reflections: Dialogues In The Direction Of Liberation , Derrick Bell, Tracy Higgins, Sung-Hee Suh

Faculty Scholarship

"New voices" of future lawyers are particularly important in the area of civil rights because racial problems are theirs to confront in the next decades. Teaching techniques developed by Paulo Freire have facilitated the enlistment of students in the racial struggle. By these techniques teachers, as well as students, learn through sharing, and students become active participants, rather than passive observers, in the learning process. The educational process, Freire counsels, ''must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are simultaneously teachers and students. In the fall of 1988, two …


There May Be Cracks In The Foundation: An Analysis Of Pennsylvania's Current Approach To Legislative Review Of Agency Rulemaking , Nicholas J. Johnson Jan 1989

There May Be Cracks In The Foundation: An Analysis Of Pennsylvania's Current Approach To Legislative Review Of Agency Rulemaking , Nicholas J. Johnson

Faculty Scholarship

As the legislative delegation of power to administrative agencies has grown over recent decades, so have calls for controls on agencies exercise of that power and particularly for controls on agency rulemaking. In response, various state legislatures have introduced a myriad of designs introducing legislative oversight and control over administrative regulations. Pennsylvania has joined these states by offering a means of legislative review of agency rulemaking in the form of the Regulatory Review Act of 1989 (Act 19). Pursuant to the Act, the Pennsylvania Legislature created an entity called the Independent Regulatory Review Commission and assigned to the Commission the …


A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington Jan 1989

A Senate Of Five: An Essay On Sexuality And Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling Jan 1989

Abortion And The Supreme Court: The Retreat From Roe V. Wade, Walter E. Dellinger Iii, Gene B. Sperling

Faculty Scholarship

No abstract provided.


Specified Issues In The United States Court Of Military Appeals: A Rationale, Robinson O. Everett Jan 1989

Specified Issues In The United States Court Of Military Appeals: A Rationale, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman Jan 1989

Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, Jerome H. Reichman

Faculty Scholarship

Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …


In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder Jan 1989

In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Do Anti-Tax Shelter Rules Make Sense? A Reply To Professor Johnson, Lawrence A. Zelenak Jan 1989

Do Anti-Tax Shelter Rules Make Sense? A Reply To Professor Johnson, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak Jan 1989

When Good Preferences Go Bad: A Critical Analysis Of The Anti-Tax Shelter Provisions Of The Tax Reform Act Of 1986, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst Jan 1989

Practice Guidelines For Medical Care: The Policy Rationale, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


Resolving Mature Mass Tort Litigation, Francis Mcgovern Jan 1989

Resolving Mature Mass Tort Litigation, Francis Mcgovern

Faculty Scholarship

This is the third in a series of articles designed to propose a functional approach for managing complex litigation. These articles argue that sufficient flexibility exists in our civil litgation system to include and encourage evolving forms of dispute resolution and that effective judicial management and increased use of cooperative and inquisitorial techniques in experimental applications will lead inductively to superior approaches for coping with difficult cases. Part I of this article is a study of the Jenkins v. Raymark class action; Part II repeats the case study methodology examining In re A.H. Robins Company. Part III then proposes alternative …


The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell Jan 1989

The Uses Of State Constitutional History: A Case Note, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The Question’S Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky Jan 1989

The Question’S Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Major Events In The Evolution Of American Community Property Law And Their Import To Equitable Distribution States, William A. Reppy Jr. Jan 1989

Major Events In The Evolution Of American Community Property Law And Their Import To Equitable Distribution States, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


The Grammar Of Advice And Consent: Senate Confirmation Of Supreme Court Nominees, Madeline Morris Jan 1989

The Grammar Of Advice And Consent: Senate Confirmation Of Supreme Court Nominees, Madeline Morris

Faculty Scholarship

No abstract provided.


Ideology, Judicial Selection And Judicial Ethics, Erwin Chemerinsky Jan 1989

Ideology, Judicial Selection And Judicial Ethics, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Presentation: Death Penalty Symposium, Walter E. Dellinger Iii Jan 1989

Presentation: Death Penalty Symposium, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.


Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett Jan 1989

Surrogate Parenthood: Finding A North Carolina Solution, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Warrior Bards, Kevin Mccarthy, Michael E. Tigar Jan 1989

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Rebuilding Of Duke University's Law School, 1925-1947, Part 1, Robert F. Durden Jan 1989

The Rebuilding Of Duke University's Law School, 1925-1947, Part 1, Robert F. Durden

Faculty Scholarship

No abstract provided.


The Rationality Of The Common Law, H. Jefferson Powell Jan 1989

The Rationality Of The Common Law, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Judges, Lawyers And The Penalty Of Death, Michael E. Tigar Jan 1989

Judges, Lawyers And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne Jan 1989

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.


A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast Jan 1989

A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast

Faculty Scholarship

A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …


Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast Jan 1989

Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox Jan 1989

Changing Perceptions Into Reality: Fiduciary Standards To Match The American Directors’ Monitoring Function, James D. Cox

Faculty Scholarship

This paper describes the historical fiduciary obligations of the American outside director and contrasts those obligations with prevailing obligations in today’s environment of the monitoring director. Special attention is devoted to the role of outside directors when their firm is the target of a takeover. In no other context are the demands on the outside director greater and more strain placed on the monitoring model than in the context of a corporate takeover. The final section of this paper examines the relief modern statutory provisions provide to the director and the monitoring function


Child Sexual Abuse And Statements For The Purpose Of Medical Diagnosis Or Treatment, Robert P. Mosteller Jan 1989

Child Sexual Abuse And Statements For The Purpose Of Medical Diagnosis Or Treatment, Robert P. Mosteller

Faculty Scholarship

Two distinct rationales ensure the trustworthiness of hearsay evidence admitted under Federal Rule Evidence 803(4), which excepts statements for the purpose of medical diagnosis or treatment. First, a patient has a selfish interest in providing truthful information in order to obtain treatment. Second, a statement is reliable if a medical expert uses it to form a basis for diagnosis or treatment. Professor Mosteller examines how courts have analyzed and applied rule 803(4) in child sexual abuse cases, and concludes that their confusion of the two rationales has resulted in decisions which are theoretically, as well as constitutionally, infirm. He then …


Feminist Legal Methods, Katharine T. Bartlett Jan 1989

Feminist Legal Methods, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.