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Articles 1 - 30 of 58

Full-Text Articles in Law

The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading Dec 1992

The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading

Duke Law Journal

No abstract provided.


A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal Dec 1992

A Tale Of Two Courts: The Alaska Supreme Court, The United States Supreme Court, And Retroactivity, Paul E. Mcgreal

Alaska Law Review

No abstract provided.


Bank Insolvency Law Now That It Matters Again, Peter P. Swire Dec 1992

Bank Insolvency Law Now That It Matters Again, Peter P. Swire

Duke Law Journal

No abstract provided.


When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon Nov 1992

When The Court Divides: Reconsidering The Precedential Value Of Supreme Court Plurality Decisions, Mark Alan Thurmon

Duke Law Journal

No abstract provided.


Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease , Kevin Brown Nov 1992

Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease , Kevin Brown

Cornell Law Review

No abstract provided.


Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa Nov 1992

Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa

Cornell Law Review

No abstract provided.


John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl Nov 1992

John Marshall’S “Jeffersonian” Concept Of Judicial Review, David E. Engdahl

Duke Law Journal

No abstract provided.


Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman Oct 1992

The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman

Law and Contemporary Problems

It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.


Efficiency And Individualism, Gary Lawson Oct 1992

Efficiency And Individualism, Gary Lawson

Duke Law Journal

No abstract provided.


The Unresolved Tension Between Trademark Protection And Free Movement Of Goods In The European Community, Robert S. Smith Oct 1992

The Unresolved Tension Between Trademark Protection And Free Movement Of Goods In The European Community, Robert S. Smith

Duke Journal of Comparative & International Law

No abstract provided.


Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos Oct 1992

Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos

Duke Journal of Comparative & International Law

No abstract provided.


Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho Oct 1992

Building A Better Mousetrap: Patenting Biotechnology In The European Community, Cynthia M. Ho

Duke Journal of Comparative & International Law

No abstract provided.


Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck Oct 1992

Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck

Duke Law Journal

No abstract provided.


Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno Oct 1992

Haling Foreign Subsidiary Corporations Into Court Under The 1934 Act: Jurisdictional Bases And Forum Non Conveniens, Glenn R. Sarno

Law and Contemporary Problems

The general theories and legal standards for obtaining personal jurisdiction over a nonresident foreign entity under section 27 of the 1934 Securities Exchange Act are examined. The theories of obtaining jurisdiction over a foreign subsidiary corporation that has a parent present in the US for jurisdictional purposes are used as an example.


Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic Sep 1992

Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic

Cornell Law Review

No abstract provided.


Legitimacy Model For The Interpretation Of Plurality Decisions, Ken Kimura Sep 1992

Legitimacy Model For The Interpretation Of Plurality Decisions, Ken Kimura

Cornell Law Review

No abstract provided.


Seeking… The Faces Of Otherness…: A Response To Professors Sarat Felstiner And Cahn , Lucie E. White Sep 1992

Seeking… The Faces Of Otherness…: A Response To Professors Sarat Felstiner And Cahn , Lucie E. White

Cornell Law Review

No abstract provided.


Did She Ask For It?: The Unwelcome Requirement In Sexual Harassment Cases , Ann C. Juliano Sep 1992

Did She Ask For It?: The Unwelcome Requirement In Sexual Harassment Cases , Ann C. Juliano

Cornell Law Review

No abstract provided.


Making Room For Peoples At The United Nations: Thoughts Provoked By Indigenous Claims To Self-Determination, Maivan Clech Lam Jul 1992

Making Room For Peoples At The United Nations: Thoughts Provoked By Indigenous Claims To Self-Determination, Maivan Clech Lam

Cornell International Law Journal

No abstract provided.


Trial By Jury Or Judge: Transcending Empiricism , Kevin M. Clermont, Theodore Eisenberg Jul 1992

Trial By Jury Or Judge: Transcending Empiricism , Kevin M. Clermont, Theodore Eisenberg

Cornell Law Review

No abstract provided.


The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges Jul 1992

The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges

Law Faculty Publications

This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light …


Entitlements Empowerment And Victimization , Wm. Bradford Reynolds Jul 1992

Entitlements Empowerment And Victimization , Wm. Bradford Reynolds

Cornell Law Review

No abstract provided.


Planned Governance And The Liberal Revival In Africa: The Paradox Of Anticipation, Ali A. Mazrui Jul 1992

Planned Governance And The Liberal Revival In Africa: The Paradox Of Anticipation, Ali A. Mazrui

Cornell International Law Journal

No abstract provided.


Indigenous People’S Rights Of Political Participation And Self-Determination: Recent International Legal Developments And The Continuing Struggle For Recognition, Mary Ellen Turpel Jul 1992

Indigenous People’S Rights Of Political Participation And Self-Determination: Recent International Legal Developments And The Continuing Struggle For Recognition, Mary Ellen Turpel

Cornell International Law Journal

No abstract provided.


Death Of Contract And The Rise Of Tort , Robert H. Bork Jul 1992

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.


A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss Jun 1992

A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss

Alaska Law Review

No abstract provided.


Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin Jun 1992

Nonlegislative Rules And The Administrative Open Mind, Ronald M. Levin

Duke Law Journal

No abstract provided.


Re-Inventing Rulemaking, E. Donald Elliott Jun 1992

Re-Inventing Rulemaking, E. Donald Elliott

Duke Law Journal

No abstract provided.


Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas Jun 1992

Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas

Duke Law Journal

No abstract provided.