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Articles 1 - 30 of 37
Full-Text Articles in Law
The Law Schools And The Negro, Ernest Gellhorn
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
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
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
Problems Of Minority Shareholders In Michigan Close Corporations, F. Hodge O'Neal, Walter G. Moeling Iv
Faculty Scholarship
No abstract provided.
The Federal Air Pollution Program, Leo M. Romero
The Federal Air Pollution Program, Leo M. Romero
Faculty Scholarship
An awareness of the awesome threat-both to our health and to our economy-posed by a polluted atmosphere has long been widespread. Only recently, however, has concern been translated into conduct on the part of those whose initiative is essential if we are to meet one of the most technical challenges of our industrial society.
Transatlantic Attitudes Toward Self-Incrimination, Kevin H. Tierney
Transatlantic Attitudes Toward Self-Incrimination, Kevin H. Tierney
Faculty Scholarship
No abstract provided.
The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt
The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt
Faculty Scholarship
The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …
The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz
The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz
Faculty Scholarship
Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).
On Interpreting The Ethiopian Penal Code, Peter L. Strauss
On Interpreting The Ethiopian Penal Code, Peter L. Strauss
Faculty Scholarship
The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Faculty Scholarship
No abstract provided.
Language And Law In Ethiopia, Fassil Abebe, Stanley Z. Fisher
Language And Law In Ethiopia, Fassil Abebe, Stanley Z. Fisher
Faculty Scholarship
The purpose of this article is twofold: first, to introduce our readers to the problems of legal terminology in Ethiopia's codes and to explain what the Faculty of Law has been attempting to achieve in this area; second, to give some specific examples, drawn from the procedural codes, of these language problem.
More On The Equivalence Of Tariffs And Quotas, Jagdish N. Bhagwati
More On The Equivalence Of Tariffs And Quotas, Jagdish N. Bhagwati
Faculty Scholarship
In an earlier paper on the equivalence of tariffs and quotas [1], I argued that this equivalence – defined such that a tariff would lead to a level of imports which, if alternatively set as a quota, would generate the same implicit tariff – followed from the assumptions of competitive domestic production, supply of imports, and holding of quotas. This universality of competitiveness sufficed to guarantee equivalence, as defined. It was further argued that a departure from these assumptions could, in general, destroy this equivalence and several such departures were analyzed: (1) perfect competition in domestic production replaced by pure …
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Faculty Scholarship
This article considers case law relating to state actors and the racist practices of labor unions.
Electoral College - Its Defects And Dangers, The, John D. Feerick
Electoral College - Its Defects And Dangers, The, John D. Feerick
Faculty Scholarship
In a few months we will witness the operation of the electoral college system of electing the President and Vice President of the United States. Due partly to the appearance of George C. Wallace's American Independent Party,' the 1968 election could be decided in the House of Representatives, where each state has one vote regardless of its population. The election seems certain to point up the perils in our present system. Although our system of electing the President is now under scrutiny by Congress, reform does not appear imminent. As in the case of presidential inability, a tragedy or near …
Duke Law School, 1868-1968: A Sketch, W. Bryan Bolich
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.
Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn
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
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
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.
Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.
Faculty Scholarship
No abstract provided.
Book Review, Michael E. Tigar
Book Review, Michael E. Tigar
The Student As University Resident, William W. Van Alstyne
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.
Ethical Issues In Biological Engineering, Martin P. Golding
Ethical Issues In Biological Engineering, Martin P. Golding
Faculty Scholarship
In this article I shall discuss some of the ethical issues that arise in connection with social programs of biological engineering. My treatment falls, roughly, into two parts. After presenting some preliminary background and discussing the limitations of this paper, I turn to certain general questions about social programs and our obligations to the future in sections II through IV. I then pass on to specific considerations of programs of biological engineering in sections V through VII, although there are allusions to them in earlier sections. In both parts, some issues are gone into detail, while others are merely brought …
Personal And Institutional Rights In Community, George C. Christie
Personal And Institutional Rights In Community, George C. Christie
Faculty Scholarship
This article is primarily concerned with the concept of justice in the relationship between the individual and his church and between the individual and private educational institutions, particularly church affiliated educational institutions.
The Interaction Of Constitutional Privilege And Statutory Immunity In Bankruptcy Examinations, John C. Weistart
The Interaction Of Constitutional Privilege And Statutory Immunity In Bankruptcy Examinations, John C. Weistart
Faculty Scholarship
No abstract provided.
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
Faculty Scholarship
This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Under this treatment, this examination discusses the growing sphere of student rights.
A Suggested Seminar In Student Rights, William W. Van Alstyne
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.
Professionalism And Our Troubled Times, Paul D. Carrington
Professionalism And Our Troubled Times, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Scholarship
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
In Memoriam, Michael E. Tigar