Digital Commons Network^™

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 5, Joseph Sweeney

Faculty Scholarship

No abstract provided.

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Faculty Scholarship

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

1. French National Spouse v. Foreign National Spouse
2. The Validity of a Prior Foreign Divorce Decree
3. Foreign National Spouses With Immigrant Status in France
4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and …

From Defect To Cause To Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau

Faculty Scholarship

On January 7, 1977, Abu Daoud entered France as a member of an official delegation sent to Paris by the Palestinian Liberation Organization (PLO). A day or so later, French police detained an then arrested him at the request of the West German and Israeli Governments. Offficials of both governments announced forthcoming requests for his extradition as a suspected organizer of the 1972 Munich Olympics massacre. This chain of events set the stage for the most recent case illustrating the political and legal obstacles which mitigate against the extradition and eventual prosecution and punishment of alleged transnational terrorists.

Scientific Reasoning Ability In Adolescence: Theoretical Viewpoints Andeducational Implications. Advancing Education Through Science-Oriented Programs ,Programs., David I. Levine, Marcia C. Linn

Faculty Scholarship

No abstract provided.

Section 1983 And Federalism, Richard Briffault

Faculty Scholarship

The relationship between the themes of federalism and individual rights is one that runs deep in American intellectual and social history. And it is one that has changed drastically with changes in the conditions and temperament of our society.

In the early days of the Republic, federalism was viewed as. a means of protecting individual rights from the tyranny of a unified central government. The Civil War brought with it a rejection of this guiding principle. State autonomy came to be seen not as a means to protect the individual from government abuse but rather as the primary source of …

Towards Integrated Management Of International Trade - The U.S. Trade Act Of 1974, Kazimierz Grzybowski, Victor Rud, George Stepanyenko

Faculty Scholarship

No abstract provided.

Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie

Faculty Scholarship

No abstract provided.

The 1976 Amendments To The Act Governing Collective Bargaining Between Teacher Organizations And Boards Of Education In Connecticut: An Appraisal, Peter Adomeit

Faculty Scholarship

In 1976, the Connecticut General Assembly amended the Teacher Negotiation Act in several significant ways. This Article reviews these amendments.

Vietnam Amnesty – Problems Of Justice And Line-Drawing, Kent Greenawalt

Faculty Scholarship

The troublesome issue of pardon for crimes connected with the Vietnam War raises some of the most complex and difficult questions in the philosophy of law. What are the purposes of criminal punishment? Under what conditions is violation of obligations imposed by law morally justified? When, and on what conditions, is it proper to excuse those who have violated the law for conscientious reasons? How much should decisions whether to pardon turn on what offenders "deserve" and how much should they turn on what will be socially acceptable and promote future social harmony? How far should the desirability of dispositions …

Constitutional Limits On Aid To Sectarian Universities, Kent Greenawalt

Faculty Scholarship

Because private colleges and universities have more and more difficulty keeping their heads above water financially, the possibility of government support increasingly is becoming a question of survival. Almost certainly the level of public support for private academic institutions will rise in the future, and any doubts about eligibility for this support are of vital concern for affected universities. The major issue regarding eligibility has been the status of sectarian universities. Given the stringent constitutional limits on government aid to religion, can universities that are connected to churches or are otherwise sectarian receive public assistance?

Hines V. Anchor Motor Freight: Another Step In The Seemingly Inexorable March Toward Converting Federal Judges (And Juries) Into Labor Arbitrators Of Last Resort, Peter Adomeit

Faculty Scholarship

This Article, directed to the courts, and especially to the federal bench, carries this message: you are in danger of converting the federal judiciary into a panel of labor arbitrators. The advance sheets of the federal courts are beginning to read like Labor Arbitration Reports. The kinds of disputes that in the past were resolved by private arbitration are beginning to appear at an increasing rate on the dockets of the federal courts: Did the company have just cause when it discharged the grievants for allegedly falsifying their expense accounts? Did the company violate the agreement with the union when …

Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens

Faculty Scholarship

This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President …

Integrating Governmental And Officer Tort Liability, George A. Bermann

Faculty Scholarship

The legislative and judicial dismantling of sovereign immunity is among the more significant and celebrated reforms of recent American administrative law. In many instances, this development has given those seeking damages for wrongful governmental action their first and only defendant. Even in situations in which litigants already had a cause of action against individual public officials, making the government amenable to suit has enhanced the chances of actual recovery, since officials often lack the means to satisfy judgments rendered against them. The immunity from liability enjoyed by public officials also has undergone a complex series of changes. Though still in …

Beyond The Shut-Eyed Sentry: Toward A Theoretical View Of Corporate Misconduct And An Effective Legal Response, John C. Coffee Jr.

Faculty Scholarship

Like hard cases, festering scandals make bad law. As public perceptions shift so that conduct once tolerated becomes seen as illicit, political pressures develop that can result in hastily improvised responses by the legal system to fill the newly perceived vacuum. This generalization is advanced to question neither the inalienable right of the public to be scandalized, nor the need for corporate reform, but to approach a highly problematic dilemma: hurried, moralistic responses to a perceived evil often prove not only ineffective, but even counterproductive. The serious student of complex organizations may recognize this assertion as a slightly altered variant …

Liquidated Damages, Penalties And The Just Compensation Principle: Some Notes On An Enforcement Model And A Theory Of Efficient Breach, Charles J. Goetz, Robert E. Scott

Faculty Scholarship

For more than five centuries, strict judicial scrutiny has been applied to contractual provisions which specify an agreed amount of damages upon breach of a base obligation. Although the standards determining the enforceability of liquidated damage clauses have developed novel and labyrinthine permutations, their motivating principle has remained essentially immutable. For an executory agreement fixing damages in case of breach to be enforceable, it must constitute a reasonable forecast of the provable injury resulting from breach; otherwise, the clause will be unenforceable as a penalty and the non-breaching party will be limited to conventional damage measures.

The historical genesis of …

Policy, Rights, And Judicial Decision, Kent Greenawalt

Faculty Scholarship

H.L.A. Hart has rightly been recognized as the outstanding contemporary figure in Anglo-American jurisprudence. His deep insight, penetrating analysis, lucid and graceful expression, and wise judgment have illumined every subject to which he has put his hand, and all who are interested in the philosophy of law have been affected by his work. It is a special privilege for me to participate in this issue devoted to publication of his Sibley lecture, because I am one of those who have been fortunate enough to have studied under him. My early efforts were exposed to his searching, but always tactful and …

The Homer Of The Pacific: Melville's Art And The Ambiguities Of Judging Evil, Lee C. Bollinger

Faculty Scholarship

It should not be surprising that Herman. Melville has an important message for students of the legal system, when one reflects for a moment on his biography and the subject matter of his writings. Melville had an intimate exposure to various legal systems ranging from the very crude to the more sophisticated, due in part at least to close personal ties with people who. were themselves connected with the law in one way or another. When Melville was thirteen years old his father declared himself bankrupt, then went mad and died. Melville's cousin had presided over a widely publicized and …

Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch

Faculty Scholarship

As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …

Psro Data And Information: Disclosure To State Health Regulatory Agencies, Frances H. Miller

Faculty Scholarship

No abstract provided.

Allocation Of Artificial Hearts In The Year 2002: Minerva V. National Health Agency, George J. Annas

Faculty Scholarship

The rapid growth of medical technology gives rise to difficult dilemmas concerning the appropriateness of, and access to, new equipment and devices capable of maintaining life or improving its quality. Such a dilemma already exists, for example, with regard to kidney dialysis machines. In 1972, Congress amended the Social Security Act to make such machines available under Medicare to all who needed them. But almost immediately the overwhelming cost of such equipment-in the billions of dollars-made the original appropriations totally inadequate, and prompted serious questions of whether access to kidney dialysis should be made available at public expense-and, if so, …

Divorce, Tax-Style, Alan L. Feld

Faculty Scholarship

In response to the "sham divorce" tactic, the IRS recently issued Revenue Ruling 76-255. The author, professor of law at Boston University School of Law, although sympathetic with the IRS's position in the Ruling, poin4s out situations where the divorce-remarriage may possibly be considered valid because of the existence of nontax effects.

The Natural History Of The Workerless Ant Parasite, Formica Talbotae, Mary Talbot

Faculty Scholarship

The ant Formica talhotae Wilson is a workerless social parasite of the microgrna group, which forms mixed colonies with the host ant Formica ohscuripes Fore!. Queens produce males and females only and there is also no worker brood of F. obscuripes in the parasitized colonies. The small alates have a long flight period stretching from mid-June to late September, with flights taking place on every suitable morning when the temperature is above 71° and rising, when the sun is shining, and when there is no appreciable wind. Flights are best between 78° and 83° F. Once up on plants, alates …

Vulnerability Of Professional-Client Privilege In Shareholders Litigation, F. Hodge O'Neal, Stephen R. Thompson

Faculty Scholarship

No abstract provided.

Political Censorship: Some Reflections On Its Validity In Israel's Constitutional Law, Pnina Lahav

Faculty Scholarship

On 19 January 1976, the Government of Israel announced its intention to impose censorship on two categories of information:

(1) Information about the existence or content of a document relating to Israel's foreign affairs which is classified “top secret” or similarly classified and which is addressed from Israel to a foreign country or from a foreign country to Israel.

(2) Information relating to a visit by an Israeli official to a foreign country or a visit by a foreign official to Israel, or a meeting between an Israeli and a foreign official—when no diplomatic relations obtain between Israel and that …

Who Sues For Divorce? From Fault Through Fiction To Freedom, Lawrence M. Friedman, Robert V. Percival

Faculty Scholarship

No abstract provided.

A Tale Of Two Courts: Litigation In Alameda And San Benito Counties, Lawrence M. Friedman, Robert V. Percival

Faculty Scholarship

No abstract provided.

Tailoring Guardianship To The Needs Of Mentally Handicapped Citizens, Barbara A. Cohen, Barbara Oosterhout, Susan P. Leviton

Faculty Scholarship

No abstract provided.

The Case For Highly Graduated Rates In State Income Taxes, Robert I. Keller

Faculty Scholarship

No abstract provided.

The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.