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Articles 1 - 30 of 135
Full-Text Articles in Law
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
Duke Law Journal
No abstract provided.
Congressional Power Under The Civil War Amendments
Congressional Power Under The Civil War Amendments
Duke Law Journal
Since their birth during Reconstruction, the thirteenth, fourteenth and fifteenth amendments have been the subject of heated commentary and varying judicial interpretations. During the 1965 term and more recently, in 1968, the Supreme Court, in several landmark decisions, has expansively described the power granted Congress by those provisions to safeguard civil liberties. This comment examines these decisions from the perspective of early judicial interpretation of the amendments and from the theories offered by modern constitutional scholars. In conclusion, the logical results of this almost unrestricted measure of congressional power are examined.
Law And Poverty: Summary Prejudgment Wage Garnishment Held Unconstitutional
Law And Poverty: Summary Prejudgment Wage Garnishment Held Unconstitutional
Duke Law Journal
No abstract provided.
Labor And The Legal Process (Harry H. Wellington), John C. Weistart
Labor And The Legal Process (Harry H. Wellington), John C. Weistart
Duke Law Journal
No abstract provided.
Expanding Liability Of Securities Underwriters: From Barchris To Globus
Expanding Liability Of Securities Underwriters: From Barchris To Globus
Duke Law Journal
President Roosevelt stated in his message to Congress concerning the eventual Securities Act of 1933: "The purpose of the legislation I suggest is to protect the public with the least possible interference to honest business." In the recent cases of Escott v. BarChris Construction Corp. and Globus v. Law Research Service, Inc., conduct by investment bankers deemed by the courts not to yield the fullest possible disclosure to securities investors was held in violation of the Securities Act. Little consideration was given to the question of "interference with honest business." In examining these decisions with reference to securities underwriters, in …
Federal Income Taxation: Bad Debt Reserves Held Taxable To Transferor In A Section 351 Transfer
Federal Income Taxation: Bad Debt Reserves Held Taxable To Transferor In A Section 351 Transfer
Duke Law Journal
No abstract provided.
Workmen’S Compensation Insurer As Suable Third Party, Arthur Larson
Workmen’S Compensation Insurer As Suable Third Party, Arthur Larson
Duke Law Journal
Until 1960, lawyers appeared to assume that the workmen's compensation insurance carrier partook of the employer's immunity to common law suit by an injured employee. Since then there has been a rapid succession of judicial decisions, some holding the carrier liable as a third party for negligent safety inspections or medical services, some holding the opposite. This article analyzes the state and direction of the law produced by these decisions and related legislative amendments, and proposes a solution.
Civil Procedure: Suit Against National Bank To Cancel Mortgage And Note Held To Be Local Action Maintainable Outside District Where Bank Is Established
Duke Law Journal
No abstract provided.
Foreign Corporation Laws: Source And Support For Reform, William Laurens Walker
Foreign Corporation Laws: Source And Support For Reform, William Laurens Walker
Duke Law Journal
The original reason for foreign corporation laws is lost; their conceptual foundation is largely discredited, and, at most, the present utility of this expanding and complex scheme is minimal. In the face of these conditions the author turned to a search for alternatives and found in the "mutual exemption" statutes of Quebec and Ontario significant steps toward foreign corporation law reform. In the following article the author investigates, with the aid of information obtained through personal interviews and field study, the success which the two Canadian provinces have achieved with their unique arrangement.
Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye
Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye
Faculty Scholarship
No abstract provided.
Labor Relations: Racially Discriminatory Seniority System Unjustified By Business Necessity Held To Violate Title Vii Of The Civil Rights Act Of 1964
Duke Law Journal
No abstract provided.
Foreword, Clark C. Havighurst, Richard D. Hobbet
Foreword, Clark C. Havighurst, Richard D. Hobbet
Law and Contemporary Problems
No abstract provided.
Complexity And The Internal Revenue Code: The Problem Of The Management Of Tax Detail, Stanley S. Surrey
Complexity And The Internal Revenue Code: The Problem Of The Management Of Tax Detail, Stanley S. Surrey
Law and Contemporary Problems
No abstract provided.
Burden Distribution Of A Broad-Based Personal Income Tax System And Its Implications For Tax Reform Discussions, Attiat F. Ott, David J. Ott, J. Scott Turner
Burden Distribution Of A Broad-Based Personal Income Tax System And Its Implications For Tax Reform Discussions, Attiat F. Ott, David J. Ott, J. Scott Turner
Law and Contemporary Problems
No abstract provided.
Tax Simplification In This Federal System, L. L. Ecker-Racz
Tax Simplification In This Federal System, L. L. Ecker-Racz
Law and Contemporary Problems
No abstract provided.
Federal Income Taxation: Interest Deduction Disallowed Brokerage House Under Section 265(2) When Loans Bear A Direct Relationship To The Carrying Of Tax-Exempt Securities
Duke Law Journal
No abstract provided.
Integrating Corporate And Personal Income Taxes: The Carter Commission Proposals, George F. Break
Integrating Corporate And Personal Income Taxes: The Carter Commission Proposals, George F. Break
Law and Contemporary Problems
No abstract provided.
Tax Simplification And The Tax Reform Act Of 1969, Laurence N. Woodworth
Tax Simplification And The Tax Reform Act Of 1969, Laurence N. Woodworth
Law and Contemporary Problems
No abstract provided.
Transitional Mechanisms To Facilitate Tax Reform, Richard D. Hobbet
Transitional Mechanisms To Facilitate Tax Reform, Richard D. Hobbet
Law and Contemporary Problems
No abstract provided.
Tax Simplification Through Cumulative Averaging, William Vickey
Tax Simplification Through Cumulative Averaging, William Vickey
Law and Contemporary Problems
No abstract provided.
Criminal Procedure: Searches Incident To A Lawful Arrest Limited To The Area Within Reach Of The Arrestee
Duke Law Journal
No abstract provided.
Automation In Tax Administration, William H. Smith
Automation In Tax Administration, William H. Smith
Law and Contemporary Problems
No abstract provided.
Metaphysics And Law, Roy L. Stone-De Montpensier
Metaphysics And Law, Roy L. Stone-De Montpensier
Duke Law Journal
The dichotomy between questions of fact and questions of law serves as a starting point for the following discussion of the nature of legal reasoning. In the course of the dialogue the author notes similarities and dissimilarities between legal reasoning and philosophical and mathematical reasoning. In the end we are left with a clearer insight into the distinctive features of the adjudicative process.
Federal Estate Taxation: Multiple Deductions Allowed Under Section 2055 For One Charitable Contribution
Duke Law Journal
In an interpretation of Internal Revenue Code section 2055(b)(2) the Third Circuit in Estate of Miller v. Commissioner has allowed a marital and charitable deduction to the donor of a life estate with a power of appointment and a charitable deduction to the estate of the surviving spouse, although charity received only one contribution. This note analyzes the court's decision in reference to the legislative history of section 2055(b)(2) and to the relationship of section 2055 to section 2056. Additionally, suggestions are made concerning the revision of section 2055(b)(2) so as to more clearly reflect the original congressional intent in …
Labor Relations: Standards Established For Issuance Of Bargaining Orders Based On Authorization Cards
Duke Law Journal
No abstract provided.
Studies In Substantive Tax Reform (A. Willis Ed.), Richard D. Hobbet
Studies In Substantive Tax Reform (A. Willis Ed.), Richard D. Hobbet
Duke Law Journal
No abstract provided.
Article Two Of The Uniform Commercial Code And Franchise Distribution Agreements
Article Two Of The Uniform Commercial Code And Franchise Distribution Agreements
Duke Law Journal
A growing body of case law and commentary has analyzed the legal relations created by franchise distribution agreements. The possibility has been raised that various provisions of Article Two of the Uniform Commercial Code could be beneficially employed by both franchisees and franchisors during litigation. This comment analyzes these possibilities in light of the technical limitations imposed on the purview of Article Two. It argues for the utilization of these provisions, if there is a proper respect for the internal limitations of the Code and the standards governing the analogical use of any statute. It also provides examples of several …