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Duke Law

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Articles 241 - 257 of 257

Full-Text Articles in Courts

The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar Jan 1984

The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar

Faculty Scholarship

In this paper disputes are seen as varying along a dimension of admitted liability, that is, the extent to which defendants admit some obligation to plaintiffs; they may admit no liability, partial liability, or full liability. This conceptualization was used in an empirical study of a small claims court. The results paint a portrait of the court that is at variance with most of the previous literature. Consumer issues constitute a substantial portion of the court caseload. On average, defendants, including individual consumers, do well when they dispute claims. Among disputed cases, small rather than large businesses predominate. Prior literature …


Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr. Jan 1981

Justice Douglas And His Brethren: A Personal Recollection, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


The Use Of Social Science Data In A Change Of Venue Application: A Case Study, Neil Vidmar, John W. T. Judson Jan 1981

The Use Of Social Science Data In A Change Of Venue Application: A Case Study, Neil Vidmar, John W. T. Judson

Faculty Scholarship

This article describes how social science data and professional testimony were used to assist judicial decision-making in an application to have a criminal fraud trial moved from Middlesex County, Ontario, because of prejudicial attitudes extant in the community. Typically, in such applications, tenuous documentation of pre-trial publicity and perhaps some unsubstantiated "opinion" testimony by persons purportedly in touch with the pulse of the community are the only evidence introduced . The presiding judge is required to consider this circumstantial, indirect, evidence and draw a conclusion about the level and extent of public prejudice as the merits of the application are …


Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington Jan 1980

Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Should Federal Appellate Judges Help Select Their Colleagues?, Peter G. Fish Jan 1979

Should Federal Appellate Judges Help Select Their Colleagues?, Peter G. Fish

Faculty Scholarship

No abstract provided.


Civil Litigation And Jura Novit Curia, Lawrence G. Baxter Jan 1979

Civil Litigation And Jura Novit Curia, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Adjudication As A Private Good: A Comment, Paul D. Carrington Jan 1979

Adjudication As A Private Good: A Comment, Paul D. Carrington

Faculty Scholarship

Comment on William M. Landes & Richard A. Posner, Adjudication as a Private Good, 8 J. Legal Stud. 235 (1979).


Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne Jan 1979

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Scholarship

This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.


Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish Jan 1978

Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish

Faculty Scholarship

No abstract provided.


Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr. Jan 1976

Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.

Faculty Scholarship

Reviewing A. Cox, The Role of the Supreme Court in American Government


The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett Jan 1975

The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne Jan 1974

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.


Court Reform In England, Kazimierz Grzybowski Jan 1973

Court Reform In England, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar Jan 1970

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Book Review, Michael E. Tigar Jan 1969

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Book Review, William W. Van Alstyne Jan 1964

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.


Executive Privilege In The Federal Courts, Paul Hardin Iii Jan 1962

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.