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Articles 1 - 19 of 19
Full-Text Articles in Law
State Statutes That Exempt Favored Industries From Meeting Highway Weight Restrictions: Constitutionality Under The Equal Protection Clause, Lorrie M. Marcil
State Statutes That Exempt Favored Industries From Meeting Highway Weight Restrictions: Constitutionality Under The Equal Protection Clause, Lorrie M. Marcil
Duke Law Journal
No abstract provided.
The Impact Of Arrest Records On The Exercise Of Police Discretion
The Impact Of Arrest Records On The Exercise Of Police Discretion
Law and Contemporary Problems
No abstract provided.
Some Unwise Reflections About Discretion, George P. Fletcher
Some Unwise Reflections About Discretion, George P. Fletcher
Law and Contemporary Problems
No abstract provided.
Police Discretion In A Continental European Administrative State: The Police Of Baden-Württemberg In The Federal Republic Of Germany, David K. Linnan
Police Discretion In A Continental European Administrative State: The Police Of Baden-Württemberg In The Federal Republic Of Germany, David K. Linnan
Law and Contemporary Problems
No abstract provided.
Foreword: The Nature Of Discretion, Ronald J. Allen
Foreword: The Nature Of Discretion, Ronald J. Allen
Law and Contemporary Problems
No abstract provided.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Law and Contemporary Problems
No abstract provided.
Learning The Skills Of Policing, David H. Bayley, Egon Bittner
Learning The Skills Of Policing, David H. Bayley, Egon Bittner
Law and Contemporary Problems
No abstract provided.
Woman’S Constitution, Kenneth L. Karst
Woman’S Constitution, Kenneth L. Karst
Duke Law Journal
The idea of woman is a social construct. Professor Karst begins by considering some of the sources of that construct, and how American law has both reflected and reinforced it. Next, he discusses the role of constitutional law in the modern reconstruction of "woman's place," and examines the limitations of that transformation. Finally, recognizing that women as a group do tend to perceive social relations and approach moral issues in distinctive ways, Professor Karst speculates on the possible consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview.
Income Averaging After Twenty Years: A Failed Experiment In Horizontal Equity, Richard Schmalbeck
Income Averaging After Twenty Years: A Failed Experiment In Horizontal Equity, Richard Schmalbeck
Duke Law Journal
After describing the current provisions of the Internal Revenue Code relating to income averaging, Professor Schmalbeck analyzes those provisions from a policy perspective. He concludes that the conventional horizontal equity arguments advanced in defense of income averaging are insubstantial, and that no other policy justification is of sufficient strength to justify the large revenue loss associated with income averaging. Although outright repeal of the averaging provisions may be the best solution, Professor Schmalbeck also explores several more modest amendments to the averaging provisions.
Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud
Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud
Dalhousie Law Journal
Analysis of the Charter and Its Application to Labour Law This paper: (1) lists the provisions of the Charter of Rights and Freedoms1 which may have relevance to labour law; (2) suggests a possible framework for analysis of the provisions, and; (3) applies the provisions and analysis to aspects of labour law.
Administrative Process Reform In A Discretionary Age: The Role Of Social Consequences, Wesley A. Magat, Schroeder Christopher H.
Administrative Process Reform In A Discretionary Age: The Role Of Social Consequences, Wesley A. Magat, Schroeder Christopher H.
Duke Law Journal
The basic rulemaking procedures of the Administrative Procedure Act have remained intact for thirty-eight years, but now Congress is seriously considering reform of those generic rules. To evaluate the merits of these reform proposals, we must develop criteria against which to judge them. Although procedural reforms are commonly judged against the goals of fairness, accuracy, and procedural efficiency, Professors Schroeder and Magat argue that these are insufficient criteria to apply to administrative process reforms at a time when agencies possess substantial discretion in the rulemaking process. In such a context, procedures have an impact on society in ways not adequately …
The Marketplace Of Ideas: A Legitimizing Myth, Stanley Ingber
The Marketplace Of Ideas: A Legitimizing Myth, Stanley Ingber
Duke Law Journal
Theorists have often heralded the first amendment as creating a neutral marketplace of ideas. Proponents of this model view the market as essential to our society's efforts to discover truth and foster effective popular participation in government. Professor Ingber asserts that the theoretical underpinnings of this model are based on assumptions of rational decisionmaking that are implausible in modern society. He insists that, in reality, the market is severely skewed in favor of an entrenched power structure and ideology. Professor Ingber explores efforts to reform and correct this market defect and finds them equally flawed. He concludes that the marketplace …
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
The Second Set Of Players: Lawyers, Fee Shifting, And The Limits Of Professional Discipline, Charles W. Wolfram
Law and Contemporary Problems
No abstract provided.
Suspending The Investment Tax Credit: The Tolerance Of International Cartels Standard, Claudia J. Dumas
Suspending The Investment Tax Credit: The Tolerance Of International Cartels Standard, Claudia J. Dumas
Cornell International Law Journal
No abstract provided.
Individuals As Subjects Of International Law, M. W. Janis
Individuals As Subjects Of International Law, M. W. Janis
Cornell International Law Journal
No abstract provided.
Defining The Extraterritorial Reach Of American Export Controls: Congress As Catalyst, Kenneth W. Abbott
Defining The Extraterritorial Reach Of American Export Controls: Congress As Catalyst, Kenneth W. Abbott
Cornell International Law Journal
No abstract provided.
Judicial Enforcement Of Fair Housing Laws: An Analysis Of Some Unexamined Problems That The Fair Housing Amendments Act Of 1983 Would Eliminate, Willy E. Rice
Faculty Articles
Although the study by the National Committee Against Discrimination in 1979 could not determine the “true” incidence of racial discrimination, it did produce some startling results. For example, if a black person were to visit three private apartment complexes, the probability of his encountering racial discrimination would be sixty-one percent. Moreover, an increase in the number of visits dramatically increased the probability of discrimination. The probability of discrimination would be ninety percent if the black prospective renter were to visit seven complexes. The likelihood of discrimination in the sale of housing was also found to be high. For instance, if …
Resentencing On Surviving Valid Counts After A Successful Appeal: A Double Jeopardy And Due Process Analysis, Kurt Lee Weinmann
Resentencing On Surviving Valid Counts After A Successful Appeal: A Double Jeopardy And Due Process Analysis, Kurt Lee Weinmann
Cornell Law Review
No abstract provided.
Mandatory Mediation Of Coastal Zone Planning Disputes In Alaska—An Innovative Approach To Administrative Decisionmaking, Jane Baluss
Alaska Law Review
No abstract provided.