Law Commons^™

Intrusions Of A Parvenu: Science, Religion, And The New Biology, George P. Smith Ii

Scholarly Articles

Both religion and the law must seriously consider artificial insemination so that dogma and laws are formed to incorporate the process. Science has brought the procedure to a society unequipped to deal with the religious and legal implications of birth through artificial insemination in any of its forms. Not all religions or jurisdictions can be expected to treat the process exactly alike, but there must be an effort on the part of each organization to react to the situation facing them so that their citizens will have some guidance.

Section II of this article illuminates the path science is on …

The Social Security Court Proposal: A Critique, J.P. "Sandy" Ogilvy

Scholarly Articles

Following a brief description of the present system of judicial review of social security decisions, and a look at the proposed Social Security Court alternative, this article examines in some detail the reasons generally suggested as compelling the creation of a specialty court. Next, the article examines the goals and values of judicial review and discusses the Social Security Court concept as a vehicle to achieve these goals and values. Finally, the article suggests several less drastic legislative, administrative and judicial alternatives to a special court.

The Framework Of Democracy In Union Government, Roger C. Hartley

Scholarly Articles

This article ventures into, and attempts to clarify, the context that affects and is affected by the law regulating union government. Drawing extensively from disciplines other than law, it posits a unified role for this body of law by focusing on unions' assigned societal functions and the realities of their structure and government. Part II traces the context in which the law regulating union government develops. It first describes the dual governments unions administer, and the competing interests within each that law must accommodate. It then suggests possible causes of the doctrinal fragmentation observed in the law regulating union government, …

In Search Of A Uniform Policy: State And Federal Sources Of Consumer Financial Services Law, Ralph J. Rohner, Fred H. Miller

Scholarly Articles

Any effort to project the vectors of development in the law affecting consumer financial services for the 1980s must take into account the sources from which the legal ground rules will emanate. Those sources are in one sense bifurcated-i.e., the states have long had a significant role in regulating consumer credit and related consumer transactions, and, since 1968, the federal government has been substantially and increasingly involved in standard setting for consumer financial transactions.

At these two levels of government there is further fragmentation of the lawmaking function. Each of the fifty states, and countless local government entities, enact laws …

Note, Graylisting Of Federal Contractors: Transco Security Inc. Of Ohio V. Freeman And Procedural Due Process Under Suspension Procedures, Lisa A. Everhart

Scholarly Articles

This Note will examine Transco Security and the impact of the Sixth Circuit's decision on government-wide debarment and suspension regulations proposed by the Office of Federal Procurement Policy. It will demonstrate that in upholding the constitutionality of GSA's suspension regulations, the court has implicitly approved the new OFPP regulations which reduce the judicially-mandated safeguards public contract bidders currently enjoy. The final sections of the Note will address recent congressional hearings on debarment and suspension and proposed legislation that would accord a presumption of validity to individual agency debarments and suspensions on a government-wide basis.

Computer Uses In Law Libraries, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Legal Aid For The Poor: A Conceptual Analysis, Marshall J. Breger

Scholarly Articles

In this Article Professor Breger examines the competing justifications that have been advanced for the provision of free legal aid to those who cannot afford to engage a private attorney. Professor Breger argues that every citizen has the right to effective access to the courts to resolve disputes in that they aret he only state-sanctionedd ispute resolution mechanism. Because of the complexity of our legal system, effective access to the courts often requires the services of an attorney. Under this theory of "access rights" a person is entitled to free legal aid when necessary for the enforcement of a legal …

Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Capitalizing On National Self-Interest: The Management Of International Telecommunication Conflict By The International Telecommunication Union, Donna Coleman Gregg

Scholarly Articles

This article will examine the potential for conflict and the need for international cooperation in the contemporary telecommunication industry, with a particular focus on the role of the International Telecommunication Union (ITU) in international conflict management. After addressing particular aspects of modern telecommunication which invite international conflict, the article will present an overview of the ITU as the principal instrumentality for maintaining world order in telecommunication. The Union's importance in conflict prevention, dispute resolution, and arbitration will be analyzed in detail. Finally, this article will assess the success of the ITU in conflict management and evaluate the need for change …

The Promise Of Abundant Life: Patenting A Magnificent Obsession, George P. Smith Ii

Scholarly Articles

The purpose of this essay will be to explore the parameters of the scientific imperative to explore truth. The scope of this inquiry is shaped in part by the United States patent laws and administrative interpretations and, more specifically, by the United States Supreme Court in its recent holding allowing the new forms of life created in a laboratory to be patented. The ultimate purpose of this piece, then, is to refute the arrogance of power theory expressed as being implicit in the investigations of the vast potential for the positive achievement of good through harnessing the "New Biology." Thus, …

Due On Sale Clauses: Profits, Public Policy, And Preemption, Ralph J. Rohner

Scholarly Articles

Use of the due-on-sale clause to trigger rate adjustments, a relatively recent innovation, has been the target of state legislation and conflicting court opinions. This article reviews arguments on both sides of the debate surrounding the clause, the issues before the Supreme Court when it addresses due on sale later this year, and the potential repercussions of a High Court decision.

Disqualification For Conflicts Of Interest And The Legal Aid Attorney, Marshall J. Breger

Scholarly Articles

This Article analyzes the effect of doctrinal developments regarding disqualification of counsel for conflicts of interest' on the practice of legal aid. "Conflict of interest" is the term used by lawyers to describe situations in which an attorney is unable to represent or to continue representing a client because of a competing allegiance. Although such conflicts may result from the personal or financial self-interest of attorneys, this Article focuses primarily on those conflicts which arise out of the intrusion of competing allegiances caused by clients with adverse or potentially adverse interests.

After considering the impact of the conflict of interest …

The Foreign Trade Antitrust Improvements Act Of 1981, George E. Garvey

Scholarly Articles

This article will explore the effects of the antitrust laws on international trade and the probable reasons for any adverse impact. It will then consider the primary alternative legislative proposal intended to remedy the perceived antitrust barrier to trade, the Export Trade Association Act of 1981. Finally, the article examines the responsiveness of the Antitrust Improvements Act to the problems and the potential hazards of an altered antitrust policy.

The Legal Activities Of The Catholic League, Robert A. Destro

Scholarly Articles

No abstract provided.

Best Execution: The National Market System’S Missing Ingredient, David A. Lipton

Scholarly Articles

In 1975 Congress enacted legislation designed to foster the establishment of a national system for the trading of securities. Many of the goals of a national market cannot be achieved if brokers are not compelled to seek the best price when executing transactions in multiply traded securities. To date, the Securities and Exchange Commission has failed to adopt a rule either requiring or encouraging a best execution practice.

This article examines the importance of a best execution rule to investors, to the national market system and to the economy. It explores the changes that have evolved in the securities industry …

1981 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner

Scholarly Articles

No abstract provided.