Law Commons^™

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

Domestic Distortions, Tariffs, And The Theory Of Optimum Subsidy: Some Further Results, Jagdish N. Bhagwati, V.K. Ramaswami, T.N. Srinivasan

Faculty Scholarship

Bhagwati and Ramaswami (1963) showed that if there is a distortion, the Paretian first-best policy is to intervene with a tax (subsidy) at the point at which the distortion occurs. Hence a domestic tax-cum-subsidy with respect to production would be first-best optimal when there was a domestic distortion (defined as the divergence between domestic prices and the marginal rate of transformation in domestic production) just as a tariff policy would be first-best optimal under monopoly power in trade (which involves a foreign distortion). An important corollary, for the case of a distortionary wage differential, is that while a tax-cum-subsidy policy …

San Joaquin Delta: Is Negotiation A Solution?, Richard B. Cunningham

Faculty Scholarship

No abstract provided.

Enforcing The Contract To Bargain, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock

Faculty Scholarship

No abstract provided.

Federal Tax Status Of California Professional Men Who Incorporate, Stephen A. Lind

Faculty Scholarship

No abstract provided.

Criminal Justice In Extremis: Administration Of Justice During The April 1968 Chicago Disorder, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

Tax Treatment Of Covenants Not To Compete, Michael Madison

Faculty Scholarship

No abstract provided.

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

Optimal Policies And Immiserizing Growth, Jagdish N. Bhagwati

Faculty Scholarship

In 1958, I analysed the paradoxical case of "immiserizing growth" [2] where a country, with monopoly power in trade, found that the growth-induced deterioration in its terms of trade implied a sufficiently large loss of welfare to outweigh the primary gain from growth. An obvious corollary of this proposition was that, if the country imposed an optimum tariff (either in both the pre-growth and the post-growth situations, or in the latter situation alone), this paradox would be eliminated.

James Melvin, in an interesting note [5], has now produced yet another analysis of immiserizing growth, where demand differences of the factor-intensity-reversals …

Contributions To Indian Economic Analysis: A Survey, Jagdish N. Bhagwati, Sukhamoy Chakravarty

Faculty Scholarship

Any survey of contributions to economic analysis in India, even though confined to the post-war years and to issues arising from domestic economic events and policy, runs into exceptional difficulties. Not only has practically every conceivable problem been raised and discussed by economists, in a country where interest in economic issues dates back at least to the latter half of the 19th century; but there have also been numerous committees and commissions whose report have led to a voluminous literature.

Ruthless selectivity has thus been inevitable. We have generally focussed, in this survey, on contributions which meet the following criteria: …

The Law Schools And The Negro, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski

Faculty Scholarship

No abstract provided.

Problems Of Minority Shareholders In Michigan Close Corporations, F. Hodge O'Neal, Walter G. Moeling Iv

Faculty Scholarship

No abstract provided.

Duke Law School, 1868-1968: A Sketch, W. Bryan Bolich

Faculty Scholarship

This paper constitutes the somewhat revised text of an address by the author at the Law Alumni Association Annual Luncheon Meeting and Duke Law School Centennial Observance, April 20, 1968.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Commentary, An Ode To Rejection, Aaron Twerski

Faculty Scholarship

No abstract provided.

A Suggested Seminar In Student Rights, William W. Van Alstyne

Faculty Scholarship

The decade now passing away from us has bubbled with significant change in law school curricula, especially from the heat of recent developments in constitutional law.

The Interaction Of Constitutional Privilege And Statutory Immunity In Bankruptcy Examinations, John C. Weistart

Faculty Scholarship

No abstract provided.

Professionalism And Our Troubled Times, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Student As University Resident, William W. Van Alstyne

Faculty Scholarship

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

Criminal Justice 1968: Developments And Directions, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Operation Of Joint Wills In Texas, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Alexander Hamilton Frey: His Contributions To The Law Of Corporations And Business Associations, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.