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Articles 1 - 26 of 26
Full-Text Articles in Law
Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski
Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon
Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon
Scholarly Articles
No abstract provided.
The Business Of Running A Law School, John H. Garvey
The Business Of Running A Law School, John H. Garvey
Scholarly Articles
I confess that as a faculty member I gave little thought to the business of running a law school. Deans do not have that luxury. Someone has to pay attention to things like the budget, payroll, physical plant, purchasing, admissions, career services, and (most important of all) the kind and quality of service that we provide to students in the classroom. Stated abstractly, we are a nonprofit business that provides a service to about 800 customers each year, and we, like all businesses, have to balance our books. From a business point of view the most interesting challenge we face …
The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner
The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner
Miscellaneous Historical Documents
This is an essay, not a history, on the first fifty years of the Catholic University Law Review. When an enterprise survives that long, it is cause for acknowledgment and celebration. This seems especially appropriate for the Law Review when we consider that it is managed by amateurs, relies on volunteer labor, and changes leadership every year; yet, it has grown and matured into a respectable scholarly journal. There is reason to wonder from where the Law Review has come, what it has accomplished, and how and where it is going. There is reason, too, to reminisce over half a …
Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson
Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson
Scholarly Articles
This Article analyzes the impact of privatization on the existing Social Security program. Part I describes the structure and status of the current Social Security program Part II describes the principal elements of Social Security reform proposals. Part III critiques the private retirement system and its reliance on individual accounts as primary retirement savings vehicles, and demonstrates why this model is inappropriate as a replacement for the existing Social Security program. Part IV explores the impact of privatization on the public welfare function of Social Security and examines some of the weaknesses in many of the privatization proposals. The Article …
Setting Limits: Medical Technology And The Law, George P. Smith Ii
Setting Limits: Medical Technology And The Law, George P. Smith Ii
Scholarly Articles
The allocation and rationing of health care resources is, no doubt, one of the most pressing issues confronting contemporary society. These issues considered from a micro and a macro level of economic analysis are linked inextricably to utilitarianism which, in turn, relies upon a cost-benefit analysis which balances reasonable individual needs against the availability of medical resources within the larger community. From an ethical viewpoint, the cost-benefit approach to the distribution of health care resources is impractical because it seeks to reduce (or convert) all health benefits to dollar amounts, thereby seeking very awkwardly to convert quality of life benefits …
Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy
Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy
Scholarly Articles
No abstract provided.
Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer
Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer
Scholarly Articles
This piece focuses on recent global legislative initiatives designed to establish a legal framework supporting electronic signatures. As many governments worldwide increasingly seek to encourage the growth of e-commerce, the enactment of such legislation has become a priority.
May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer
May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer
Scholarly Articles
The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.
Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley
Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley
Scholarly Articles
A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …
Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson
Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson
Scholarly Articles
Cash balance plans are hybrid plans designed to offer the best characteristics of both defined benefit and defined contribution plans. However, conversions of existing defined benefit plans into cash balance plans are highly controversial because they can significantly reduce the expected retirement benefits of older workers. Because future plan costs are reduced and plan surpluses are often created, the use of surplus plan assets by employers has raised serious concerns. This article describes and analyzes the advantages and disadvantages of using cash balance plans as primary retirement savings vehicles. It argues that the controversy over conversions is really about the …
Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman
Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman
Scholarly Articles
No abstract provided.
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh
Scholarly Articles
No abstract provided.
The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner
The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner
Scholarly Articles
This is an essay, not a history, on the first fifty years of the Catholic University Law Review. When an enterprise survives that long, it is cause for acknowledgment and celebration. This seems especially appropriate for the Law Review when we consider that it is managed by amateurs, relies on volunteer labor, and changes leadership every year; yet, it has grown and matured into a respectable scholarly journal. There is reason to wonder from where the Law Review has come, what it has accomplished, and how and where it is going. There is reason, too, to reminisce over half a …
Emerging Trends In Religious Liberty, Robert A. Destro
Emerging Trends In Religious Liberty, Robert A. Destro
Scholarly Articles
From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.
Federal Preemption Of State Tort Claims, Marin Roger Scordato
Federal Preemption Of State Tort Claims, Marin Roger Scordato
Scholarly Articles
This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.
Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …
The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez
The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez
Scholarly Articles
This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in …
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
Scholarly Articles
This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …
Popular Images Of Bankers Reflected In Regulation, Heidi Mandanis Schooner
Popular Images Of Bankers Reflected In Regulation, Heidi Mandanis Schooner
Scholarly Articles
No abstract provided.
U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez
U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez
Scholarly Articles
This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
Scholarly Articles
In this brief comment, I want to argue, without making any definite judgments about the current situation, that our understanding of the just war should pay attention to the questions of legitimate authority and right intention for use of force. To do this, we should take into account the procedural values of modern constitutional democracy and transnational governance. We should also consider the intentions established through the political processes legitimating those war aims as the relevant intentions for assessing whether the use of force comports with the moral criteria of the just war. Indeed, if the just war's aims are …
The Global Implications Of Defamation Suits And The Internet: The U.S. View, Harvey L. Zuckman
The Global Implications Of Defamation Suits And The Internet: The U.S. View, Harvey L. Zuckman
Scholarly Articles
No abstract provided.
Enforcing Federal Civil Rights Against Public Entities After Garrett, Roger C. Hartley
Enforcing Federal Civil Rights Against Public Entities After Garrett, Roger C. Hartley
Scholarly Articles
In this article, I focus on the Section 5 branch of the federalism revival, the branch that was at issue in Board of Trustees of the University of Alabama v. Garrett, and the one that is most likely to arise when litigating on behalf of or against an arm of state government. In order to position Garrett doctrinally, I first describe the conceptual framework that determines the validity of Congress' effort to abrogate state judicial sovereignty. This is an abridged version since more complete histories have been reported widely, both recently in these pages, and in many other journals. I …
Raising Issues Of Property, Wealth And Inequality In The Law School: Contracts And Commercial Law School Courses, Veryl Victoria Miles
Raising Issues Of Property, Wealth And Inequality In The Law School: Contracts And Commercial Law School Courses, Veryl Victoria Miles
Scholarly Articles
No abstract provided.
Case Comment: Ins V. St. Cyr, Kevin C. Walsh