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Full-Text Articles in Law
Insurance Regulation In Alaska: Healthy Exercise Of A State Prerogative, David G. Stebing
Insurance Regulation In Alaska: Healthy Exercise Of A State Prerogative, David G. Stebing
Alaska Law Review
No abstract provided.
Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach
Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach
Duke Law Journal
No abstract provided.
The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger
The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger
Duke Law Journal
No abstract provided.
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Law and Contemporary Problems
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
Law and Contemporary Problems
No abstract provided.
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong
Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong
Duke Journal of Comparative & International Law
No abstract provided.
Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber
Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber
Duke Law Journal
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
Disagreement And Interpretation, Robert F. Nagel
Law and Contemporary Problems
The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Law and Contemporary Problems
The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.
Foreword, Neal Devins
No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.
No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.
Law and Contemporary Problems
Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Law and Contemporary Problems
A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.
A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs
A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs
Duke Journal of Comparative & International Law
No abstract provided.
Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler
Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler
Duke Law Journal
No abstract provided.
Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard
Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard
Duke Environmental Law & Policy Forum
No abstract provided.
Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg
Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg
Duke Environmental Law & Policy Forum
No abstract provided.
Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel
Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel
Duke Environmental Law & Policy Forum
No abstract provided.
Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson
Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson
Duke Environmental Law & Policy Forum
No abstract provided.
Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter
Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter
Law and Contemporary Problems
It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.
Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young
Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young
Duke Environmental Law & Policy Forum
No abstract provided.