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Full-Text Articles in Law

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson Dec 1969

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 Dec 1969

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 Dec 1969

Law And Poverty: Summary Prejudgment Wage Garnishment Held Unconstitutional

Duke Law Journal

No abstract provided.


Journal Staff Dec 1969

Journal Staff

Duke Law Journal

No abstract provided.


Labor And The Legal Process (Harry H. Wellington), John C. Weistart Dec 1969

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 Dec 1969

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 Dec 1969

Federal Income Taxation: Bad Debt Reserves Held Taxable To Transferor In A Section 351 Transfer

Duke Law Journal

No abstract provided.


Index—Volume 1969 Dec 1969

Index—Volume 1969

Duke Law Journal

No abstract provided.


Workmen’S Compensation Insurer As Suable Third Party, Arthur Larson Dec 1969

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 Dec 1969

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 Dec 1969

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 Nov 1969

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 Oct 1969

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 Oct 1969

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 Oct 1969

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 Oct 1969

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.


Journal Staff Oct 1969

Journal Staff

Law and Contemporary Problems

No abstract provided.


Tax Simplification In This Federal System, L. L. Ecker-Racz Oct 1969

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 Oct 1969

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 Oct 1969

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 Oct 1969

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 Oct 1969

Transitional Mechanisms To Facilitate Tax Reform, Richard D. Hobbet

Law and Contemporary Problems

No abstract provided.


Tax Simplification Through Cumulative Averaging, William Vickey Oct 1969

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 Oct 1969

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 Oct 1969

Automation In Tax Administration, William H. Smith

Law and Contemporary Problems

No abstract provided.


Metaphysics And Law, Roy L. Stone-De Montpensier Oct 1969

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 Oct 1969

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 Oct 1969

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 Oct 1969

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 Oct 1969

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 …