Law Commons^™

The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan

Working Paper Series

This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …

Patent Portfolios As Securities, Michael Risch

Working Paper Series

Companies of all types are buying, selling, and licensing patents - not just one patent, but many patents bundled into large portfolios. A primary problem with these transactions is that the market is illiquid: parties cannot identify holders of relevant portfolios, they cannot agree on the value of the portfolio, and the specter of litigation taints every negotiation.

This article presents a new way to improve market formation and integrity by proposing that patent portfolios be treated as securities. If patent portfolio transactions are treated like stock transactions, sellers steering clear of fraud laws may be forced to disclose information …

An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge

Villanova Law Review

No abstract provided.

Possible Future Work By Uncitral In The Field Of Contract Law: Preliminary Thoughts From The Secretariat, Renaud Sorieul, Emma Hatcher, Cyril Emery

Villanova Law Review

No abstract provided.

The Soft Law Approach To Unification Of International Commercial Contract Law: Future Perspectives In Light Of Unidroit's Experience, Anna Veneziano

Villanova Law Review

No abstract provided.

Article 35 Of The Cisg: Reflecting On The Present And Thinking About The Future, Djakhongir Saidov

Villanova Law Review

No abstract provided.

Defining The Borders Of Uniform International Contract Law: The Cisg And Remedies For Innocent, Negligent, Or Fraudulent Misrepresentation, Ulrich G. Schroeter

Villanova Law Review

No abstract provided.

Principles Of Asian Contract Law: An Endeavor Of Regional Harmonization Of Contract Law In East Asia, Shiyuan Han

Villanova Law Review

No abstract provided.

The Intrepretation In Mexico Of The United Nations Convention On Contracts For The International Sale Of Goods, Alejandro Osuna-Ganzalez

Villanova Law Review

No abstract provided.

Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo

Villanova Law Review

No abstract provided.

Unidroit Principles As A Source For Global Sales Law, Henry Deeb Gabriel

Villanova Law Review

No abstract provided.

Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo

Villanova Law Review

No abstract provided.

Who Needs A Uniform Contract Law, And Why?, Ingeborg Schwenzer

Villanova Law Review

No abstract provided.

Applicable Law, The Cisg, And The Future Convention On International Commercial Contracts, Pilar Perales Viscasillas

Villanova Law Review

No abstract provided.

Attorneys' Fees -- Last Ditch Stand?, Bruno Zeller

Villanova Law Review

No abstract provided.

Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan

Working Paper Series

This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …

A New Global Initiative On Contract Law In Uncitral: Right Project, Right Forum?, Keith Loken

Villanova Law Review

No abstract provided.

Cisg And Upicc As The Basis For An International Convention On International Commercial Contracts, Jan Ramberg

Villanova Law Review

No abstract provided.

An Assessment Of The Convention On The Limitation Period In The International Sale Of Goods Through Case Law, Luca G. Castellani

Villanova Law Review

No abstract provided.

A Greenhouse Gas Chain Reaction: The D.C. Circuit Warms Up The Epa's Regulatory Authority In Coalition For Responsible Regulation V. Epa, Sara E. Hoffman

Villanova Environmental Law Journal

No abstract provided.

All Bite And No Bark: Nonspecific Magic Words Sweep Aside Constitutional Concerns And Remove The Northern Rocky Mountain Gray Wolf From Endangered Species Act Protection In Alliance For The Wild Rockies V. Salazar, Emily A. Cathcart

Villanova Environmental Law Journal

No abstract provided.

Drilling For Split Estate Clarity: The Impact Of Minard Run Oil Company V. United States Forest Service, Clayton Gritz

Villanova Environmental Law Journal

No abstract provided.

The Effectiveness And Environmental Impact Of Economic Development Incentives As Measures To Respond To Environmental Harm, James E. Holloway

Villanova Environmental Law Journal

No abstract provided.

Ehb Review - Knowledge, Necessaries, And Bad Faith: What Department Of Environmental Protection V. Danfelt Means For Spousal Liability And Attorney Fee-Shifting, Michael J. Haviland

Villanova Environmental Law Journal

No abstract provided.

A Court-Imposed Nuclear Winter: New York V. Nuclear Regulatory Commission Breaks The Deferential Ice Resulting In National Nuclear Reactor Licensing Freeze, Laura A. Tucker

Villanova Environmental Law Journal

No abstract provided.

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Working Paper Series

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …

“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan

Working Paper Series

John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …

Environmental Law Outside The Canon, Todd S. Aagaard

Working Paper Series

It is time to rethink the domination of environmental law by a canon of major federal environmental statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political …

Apple Hearing: Observations From An Expert Witness, J. Richard Harvey

Working Paper Series

The US Senate Permanent Subcommittee on Investigations held a highly publicized hearing on May 21, 2013 to discuss Apple, Inc.’s international tax planning. As the first expert witness, I had a ring-side seat to the hearing and Apple’s international tax planning.

One purpose of this article is to clearly identify the two key tax policy issues that need to be addressed by policymakers both in the US and internationally. Because the discussion at the hearing was very U.S. centric, these two issues may have been lost in the rhetoric.

• Should the US and the rest of the world allow …

"We Have No King But Caesar:" Some Thoughts On Catholic Faith And Public Life, Charles J. Chaput O.F.M. Cap.

Villanova Law Review

No abstract provided.