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2013

International Law

Villanova University Charles Widger School of Law

Articles 1 - 19 of 19

Full-Text Articles in Law

The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan Oct 2013

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 …


An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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 Sep 2013

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.


The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan Jan 2013

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan

Working Paper Series

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …