Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 23 of 23

Full-Text Articles in Law

Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz Dec 1983

Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz

Duke Law Journal

In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing …


Exclusive Dealing In Distribution, Richard M. Steuer Nov 1983

Exclusive Dealing In Distribution, Richard M. Steuer

Cornell Law Review

No abstract provided.


A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler Nov 1983

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Duke Law Journal

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.


The Political Boycott: An Unprivileged Form Of Expression, Gordon M. Orloff Nov 1983

The Political Boycott: An Unprivileged Form Of Expression, Gordon M. Orloff

Duke Law Journal

No abstract provided.


Application Of The Federal Abstention Doctrines To The Domestic Relations Exception To Federal Diversity Jurisdiction, Rebecca E. Swenson Nov 1983

Application Of The Federal Abstention Doctrines To The Domestic Relations Exception To Federal Diversity Jurisdiction, Rebecca E. Swenson

Duke Law Journal

No abstract provided.


The Federal Parole Decision And The Discretionary Function Exception, Julie Hills Nov 1983

The Federal Parole Decision And The Discretionary Function Exception, Julie Hills

Duke Law Journal

No abstract provided.


Trading Stamps S&H And The Ftc’S Unfairness Doctrine, Ernest Gellhorn Nov 1983

Trading Stamps S&H And The Ftc’S Unfairness Doctrine, Ernest Gellhorn

Duke Law Journal

The Federal Trade Commission's authority to prohibit "unfair methods of competition" was broadly interpreted more than a decade ago by the Supreme Court in FTC v. Sperry & Hutchinson Co. That decision allowed the FTC to bar business practices, including restrictions on the distribution of trading stamps, upon a finding that consumers were being injured even though no injury to competition was identified. The FTC since has applied the unfairness doctrine expansively and often without regard to its impact on consumer welfare. Proposing the application of a consumer welfare standard under the Commission's unfairness authority, Dean Gellhorn demonstrates that the …


Regression Estimates Of Damages In Price-Fixing Cases, Michael O. Finkelstein, Hans Levanbach Oct 1983

Regression Estimates Of Damages In Price-Fixing Cases, Michael O. Finkelstein, Hans Levanbach

Law and Contemporary Problems

No abstract provided.


The Significance Of Quantitative Evidence In Federal Trade Commission Deceptive Advertising Cases, David W. Barnes Oct 1983

The Significance Of Quantitative Evidence In Federal Trade Commission Deceptive Advertising Cases, David W. Barnes

Law and Contemporary Problems

No abstract provided.


Quantitative Methods In Antitrust Litigation, Daniel L. Rubinfeld, Peter O. Steiner Oct 1983

Quantitative Methods In Antitrust Litigation, Daniel L. Rubinfeld, Peter O. Steiner

Law and Contemporary Problems

No abstract provided.


Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak Sep 1983

Reinstating Vacated Findings In Employment Discrimination Class Actions: Reconciling General Telephone Co. V. Falcon With Hill V. Western Electric Co., Robert P. Monyak

Duke Law Journal

No abstract provided.


Judicial Interpretation Of Collective Bargaining Agreements: The Danger Inherent In The Determination Of Arbitrability, Paula L. Mcdonald Sep 1983

Judicial Interpretation Of Collective Bargaining Agreements: The Danger Inherent In The Determination Of Arbitrability, Paula L. Mcdonald

Duke Law Journal

No abstract provided.


The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie Sep 1983

The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie

Duke Law Journal

Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.


Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David N. Yellen Aug 1983

Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David N. Yellen

Cornell Law Review

No abstract provided.


Article 22 Of The Warsaw Convention And Franklin Mint V. Twa: A Conflict Between Treaty And Municipal Statute, Louis Robert Martinez Jul 1983

Article 22 Of The Warsaw Convention And Franklin Mint V. Twa: A Conflict Between Treaty And Municipal Statute, Louis Robert Martinez

Cornell International Law Journal

No abstract provided.


Director Independence And Derivative Suit Settlements, Kenneth W. Kossoff Jun 1983

Director Independence And Derivative Suit Settlements, Kenneth W. Kossoff

Duke Law Journal

No abstract provided.


Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen Jun 1983

Restricting The Power To Promote Competition In Banking: A Foolish Consistency Among The Circuits, Peter C. Carstensen

Duke Law Journal

In several recent decisions the federal appeals courts have adopted a standard for reviewing denials of proposed bank combinations which substantially restricts the ability of federal bank regulators to reject anticompetitive combinations. Professor Carstensen analyzes the three leading decisions and the litigating positions of the parties. He argues that the results in these cases, although predictable, are inconsistent with express statutory language, legislative history, past Supreme Court construction of the relevant standard, and the fundamental public policy of avoiding unnecessarily anticompetitive combinations. He suggests two ways in which the statute could be read which would preserve reasonable judicial review of …


Legislative Courts, Administrative Agencies, And The Northern Pipeline Decision, Martin H. Redish Apr 1983

Legislative Courts, Administrative Agencies, And The Northern Pipeline Decision, Martin H. Redish

Duke Law Journal

In Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the Supreme Court held unconstitutional the exercise of the jurisdiction of the Bankruptcy Courts because their judges lacked article III's protections of salary and tenure. In so holding, the Court significantly altered the criteria for deciding what cases have to be heard by judges with article III protections. In this article, Professor Redish criticizes the criteria adopted by the Justices, and suggests alternative criteria which would better foster the values behind the independence protections of article III. In addition, he examines the implications of the various criteria for the continued …


Developments Under The Freedom Of Information Act—1982, Steven J. Lepper Apr 1983

Developments Under The Freedom Of Information Act—1982, Steven J. Lepper

Duke Law Journal

No abstract provided.


A Review Of Shipowner’S Statutory Duty Under Section 905(B) Of The Longshoremen’S And Harborworkers’ Compensation Act: Does Scindia Require A Change In Course?, Kaye A. Pfister Feb 1983

A Review Of Shipowner’S Statutory Duty Under Section 905(B) Of The Longshoremen’S And Harborworkers’ Compensation Act: Does Scindia Require A Change In Course?, Kaye A. Pfister

Duke Law Journal

No abstract provided.


Beyond United States V. Valenzuela-Bernal: Can The Defendant’S Right To Compulsory Process Survive In Prosecutions For Transporting Illegal Aliens, Kathryn Bucher Jan 1983

Beyond United States V. Valenzuela-Bernal: Can The Defendant’S Right To Compulsory Process Survive In Prosecutions For Transporting Illegal Aliens, Kathryn Bucher

Cornell International Law Journal

No abstract provided.


The Use Of Interest Analysis In The Extraterritorial Application Of United States Antitrust Law, Edward A. Rosic Jr. Jan 1983

The Use Of Interest Analysis In The Extraterritorial Application Of United States Antitrust Law, Edward A. Rosic Jr.

Cornell International Law Journal

No abstract provided.


Forum Non Conveniens In International Maritime Collision Litigation In The Federal Courts: A Suggested Approach, Edwin W. Dennard Jan 1983

Forum Non Conveniens In International Maritime Collision Litigation In The Federal Courts: A Suggested Approach, Edwin W. Dennard

Cornell International Law Journal

No abstract provided.