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Articles 1 - 30 of 39
Full-Text Articles in Law
Erisa Preemption Of State Mandated-Provider Laws, Robert S. Mcdonough
Erisa Preemption Of State Mandated-Provider Laws, Robert S. Mcdonough
Duke Law Journal
No abstract provided.
The Case For A Federal Psychotherapist-Patient Privilege That Protects Patient Identity, Ellen S. Soffin
The Case For A Federal Psychotherapist-Patient Privilege That Protects Patient Identity, Ellen S. Soffin
Duke Law Journal
No abstract provided.
Tinker Revisited: Fraser V. Bethel School District And Regulation Of Speech In The Public Schools, James C. Dever Iii
Tinker Revisited: Fraser V. Bethel School District And Regulation Of Speech In The Public Schools, James C. Dever Iii
Duke Law Journal
No abstract provided.
Sam Ervin: The Book By And About Him, George B. Autry
Sam Ervin: The Book By And About Him, George B. Autry
Duke Law Journal
Review of: Preserving the Constitution: The Autobiography of Senator Sam J. Ervin, Jr. By Sam J. Ervin, Jr. The Michie Co. The Charlottesville, Va., 1984.
Constitutional Conventions And The Deficit, E. Donald Elliott
Constitutional Conventions And The Deficit, E. Donald Elliott
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: 1910-1921, David P. Currie
The Constitution In The Supreme Court: 1910-1921, David P. Currie
Duke Law Journal
No abstract provided.
Nonarrest Investigatory Detentions In Search And Seizure Law, George E. Dix
Nonarrest Investigatory Detentions In Search And Seizure Law, George E. Dix
Duke Law Journal
Under current law the police may detain a suspect for investigatory purposes without meeting the legal requirements that protect individuals who are placed under arrest. Police authority to conduct such investigatory detentions, however, is limited by fourth amendment considerations and, in some jurisdictions, by local statutory and case law. There is a tendency to view issues arising from nonarrest detentions purely as matters of federal constitutional law; as a result, such issues have been inadequately addressed in terms of their relevance to state policy and law. This article considers the major aspects of nonarrest detention law that might usefully be …
Tying Arrangements And The Computer Industry: Digidyne Corp. V. Data General Corp., Gary Myers
Tying Arrangements And The Computer Industry: Digidyne Corp. V. Data General Corp., Gary Myers
Duke Law Journal
No abstract provided.
Penalizing Insider Trading: A Critical Assessment Of The Insider Trading Sanctions Act Of 1984, Carole B. Silver
Penalizing Insider Trading: A Critical Assessment Of The Insider Trading Sanctions Act Of 1984, Carole B. Silver
Duke Law Journal
No abstract provided.
Mismatching Convertible Debentures And Common Stock Under Section 16(B), Daniel B. Bogart
Mismatching Convertible Debentures And Common Stock Under Section 16(B), Daniel B. Bogart
Duke Law Journal
No abstract provided.
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Duke Law Journal
No abstract provided.
Teaching Federal Courts From A Little Red Book, Thomas D. Rowe Jr.
Teaching Federal Courts From A Little Red Book, Thomas D. Rowe Jr.
Duke Law Journal
Review of: Federal Jurisdiction: Policy and Practice. By Robert Fink and Mark V. Tushnet
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen
Duke Law Journal
Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …
Express Versus Automatic Assignment Of Section 10(B) Causes Of Action, David C. Profilet
Express Versus Automatic Assignment Of Section 10(B) Causes Of Action, David C. Profilet
Duke Law Journal
In Lowry v. Baltimore & Ohio Railroad, 1 the United States Court of Appeals for the Third Circuit considered whether the owner of a security may assert his seller's section 10(b) cause of action if the current owner did not receive an express assignment of the seller's rights. 2 That is, if the seller of a security has a section 10(b) claim, does the seller's cause of action "run with the security" so that the seller's purchaser takes the seller's cause of action by automatic assignment, or must the purchaser secure an express assignment of the seller's cause of action …
Toward A Theory Of “Just Cause” In Employee Discipline Cases, Roger I. Abrams, Dennis R. Nolan
Toward A Theory Of “Just Cause” In Employee Discipline Cases, Roger I. Abrams, Dennis R. Nolan
Duke Law Journal
Although almost every collective bargaining agreement permits the employer to discipline an employee for "just cause," the concept of just cause is not well understood. Rather than leading to fair and consistent resolutions of disciplinary disputes, the concept, as applied in arbitration proceedings, has led to inconsistent results that fail to serve the interests of either management or labor. This article develops a systematic theory of just cause in employee discipline cases by exploring the fundamental understanding of the employment relationship and the effect of the collective bargaining agreement on the fundamental understanding. It presents a model of just cause, …
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
Duke Law Journal
The Supreme Court's traditional analysis of state actions under the dormant commerce clause 1 has undergone two important modifications over the past decade. 2 In the first, the Court established a rule under which certain state actions that are within the scope of the dormant commerce clause may be deemed per se invalid, without inquiry into the extent to which the challenged state action burdens interstate commerce or furthers legitimate local objectives. 3 In the second, the Court fashioned a threshold inquiry to determine whether state action constitutes "market participation," 4 in which case it lies outside the scope of …
Social Science And Segregation Before Brown, Herbert Hovenkamp
Social Science And Segregation Before Brown, Herbert Hovenkamp
Duke Law Journal
A wide variety of scholarship has addressed the law of race relations during the late nineteenth and early twentieth centuries. Much of that scholarship has presented the judicial record in the Gilded Age and Progressive Era cases as reactionary and somehow in violation of the basic principles of equality implicit in the American Constitution, particularly in the thirteenth, fourteenth, and fifteenth amendments. Professor Hovenkamp calls this view into question by examining the science and social science of that period and the use of scientific information in race relations cases. He concludes that late nineteenth and early twentieth century courts used …
Vacation Homes, Section 280a And Bolton V. Commissioner: The Right Result For The Wrong Reasons, Jeffrey T. Lawyer
Vacation Homes, Section 280a And Bolton V. Commissioner: The Right Result For The Wrong Reasons, Jeffrey T. Lawyer
Duke Law Journal
In response to widespread concern that many taxpayers were renting their vacation homes in order to deduct otherwise nondeductible, personal expenses, Congress in 1976 added section 280A 1 to the Internal Revenue Code. 2 By this enactment, Congress sought to limit the deductibility of vacation home expenses when a vacation home is used for both rental and personal purposes 3 by requiring taxpayers to allocate expenses associated with the vacation home between personal and rental use. Although in framing section 280A Congress set out to provide objective rules for determining that allocation, recent controversy concerning the interpretation of the section …
Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg
Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg
Duke Law Journal
The story of Franklin D. Roosevelt's Court-packing plan is a twice-told tale. 1 Every history of America in the twentieth century recounts the familiar chronicle -- that in February of 1937, FDR, in response to a series of decisions striking down New Deal laws, asked Congress for authority to add as many as six Justices to the Supreme Court, only to be outwitted by the Court itself when Chief Justice Charles Evans Hughes demonstrated that Roosevelt's claim that the Court was not abreast of its docket was spurious; when the conservative Justice Willis Van Devanter retired, thereby giving the President …
Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance
Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance
Duke Law Journal
The eighteenth year of the Freedom of Information Act (FOIA) 1 witnessed a continuation of the trend toward restricting public access to government information. 2 Congress amended the National Security Act of 1947, 3 exempting entire systems of Central Intelligence Agency (CIA) files from search and review and declaring that the Privacy Act 4 is not an exemption 3 statute. 5 Congress again considered, but failed to pass, a bill to reform the FOIA; this proposal 6 would have substantially altered fees and waivers, 7 time limits for responding to requests, 8 business confidentiality procedures, 9 and law enforcement exemptions. …
Taming The Beast: Moral Views Of The Criminal Law, Marvin C. Henberg
Taming The Beast: Moral Views Of The Criminal Law, Marvin C. Henberg
Duke Law Journal
Reviews of: Harm to Others by Joel Feinberg, Oxford University Press, New York, N.Y., 1984; and, Wild Justice: The Evolution of Revenge. By Susan Jacoby. Harper and Row, New York, N.Y., 1983.
Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow
Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow
Duke Law Journal
The adoption of interpretive rules and policy statemens is a vital part of the administrative process. These "nonlegislative" rules clarify the language of statutes and prior rules and give structure to agency discretionary powers. Courts have encountered difficulty in distinguishing legislative from nonlegislative rules because the practical impact of both kinds of rules may be the same. Regulatory reform proposals at both federal and state levels would require agencies to employ notice and comment procedures before adopting many nonlegislative rules. This article contends that such requirements would discourage agencies from adopting nonlegislative rules and thus would dramatically disserve the public …
The Ethics In Government Act Of 1978: Problems With The Attorney General’S Discretion And Proposals For Reform, Stephen Charles Mixter
The Ethics In Government Act Of 1978: Problems With The Attorney General’S Discretion And Proposals For Reform, Stephen Charles Mixter
Duke Law Journal
No abstract provided.
Negotiation And Informal Agency Action: The Case Of Superfund, Frederick R. Anderson
Negotiation And Informal Agency Action: The Case Of Superfund, Frederick R. Anderson
Duke Law Journal
The multi-billion dollar federal "Superfund" program for the cleanup of thousands of hazardous waste sites currently emphasizes federally-funded cleanups followed by reimbursement actions filed against any responsible parties who can be found. Litigation to compel direct private cleanups supplements this strategy. Dean Anderson argues, however, that a variety of factors, including statutory constraints, inadequate funding, the shortcomings of litigation, and particularly the selection of a cumbersome quasi-regulatory implementation scheme, has combined to increase the costs and delay already inherent in the federal government's program. After a careful analysis of the existing program, he suggests that greater reliance on privately-funded cleanups …
Judicialization: The Twilight Of Administrative Law, Loren A. Smith
Judicialization: The Twilight Of Administrative Law, Loren A. Smith
Duke Law Journal
At its December, 1984 Plenary Session, the Administrative Conference of the United States devoted a part of its agenda to an exchange of ideas on the current state of administrative law and the directions in which this field is likely to move-or be pushed-in the foreseeable future. Perhaps because modern administrative agencies are such a curious admixture of the political, bureaucratic, and judicial components of government, the study of administrative law derives particular benefits from analyses and critiques that emphasize social utility as well as legal precedent. In no other area of the law do the current political agenda and …
A Framework For Judicial Review Of An Agency’S Statutory Interpretation: Chevron, U.S.A., Inc. V. Natural Resources Defense Council, Stephen M. Lynch
A Framework For Judicial Review Of An Agency’S Statutory Interpretation: Chevron, U.S.A., Inc. V. Natural Resources Defense Council, Stephen M. Lynch
Duke Law Journal
No abstract provided.