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The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez Jan 2001

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles and Other Contributions

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 ...


The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez Jan 2001

The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez

Scholarly Articles and Other Contributions

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 ...


Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer Jan 2001

Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer

Scholarly Articles and Other Contributions

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 Jan 2001

May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer

Scholarly Articles and Other Contributions

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.


The Business Of Running A Law School, John H. Garvey Jan 2001

The Business Of Running A Law School, John H. Garvey

Scholarly Articles and Other Contributions

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 ...


Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson Jan 2001

Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson

Scholarly Articles and Other Contributions

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 ...


Emerging Trends In Religious Liberty, Robert A. Destro Jan 2001

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles and Other Contributions

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.


The Global Implications Of Defamation Suits And The Internet: The U.S. View, Harvey L. Zuckman Jan 2001

The Global Implications Of Defamation Suits And The Internet: The U.S. View, Harvey L. Zuckman

Scholarly Articles and Other Contributions

No abstract provided.


Federal Preemption Of State Tort Claims, Marin Roger Scordato Jan 2001

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles and Other Contributions

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 ...


Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson Jan 2001

Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson

Scholarly Articles and Other Contributions

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 Jan 2001

Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman

Scholarly Articles and Other Contributions

No abstract provided.


Raising Issues Of Property, Wealth And Inequality In The Law School: Contracts And Commercial Law School Courses, Veryl Victoria Miles Jan 2001

Raising Issues Of Property, Wealth And Inequality In The Law School: Contracts And Commercial Law School Courses, Veryl Victoria Miles

Scholarly Articles and Other Contributions

No abstract provided.


Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski Jan 2001

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles and Other Contributions

No abstract provided.


Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy Jan 2001

Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy

Scholarly Articles and Other Contributions

No abstract provided.


Enforcing Federal Civil Rights Against Public Entities After Garrett, Roger C. Hartley Jan 2001

Enforcing Federal Civil Rights Against Public Entities After Garrett, Roger C. Hartley

Scholarly Articles and Other Contributions

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 ...


The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner Jan 2001

The 50th Anniversary Of The Catholic University Law Review, Ralph J. Rohner

Scholarly Articles and Other Contributions

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 ...


Popular Images Of Bankers Reflected In Regulation, Heidi Mandanis Schooner Jan 2001

Popular Images Of Bankers Reflected In Regulation, Heidi Mandanis Schooner

Scholarly Articles and Other Contributions

No abstract provided.


U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez Jan 2001

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles and Other Contributions

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 ...


As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner Jan 2001

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 and Other Contributions

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 ...


Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr. Jan 2001

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles and Other Contributions

No abstract provided.


Setting Limits: Medical Technology And The Law, George P. Smith Ii Jan 2001

Setting Limits: Medical Technology And The Law, George P. Smith Ii

Scholarly Articles and Other Contributions

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 ...


Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley Jan 2001

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles and Other Contributions

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 ...


Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon Jan 2001

Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon

Scholarly Articles and Other Contributions

No abstract provided.