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Judicial Notice March 20th, 1984 V10 N7, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

The Plight Of The Genetically Handicapped Newborn: A Comparative Analysis, George P. Smith Ii

Scholarly Articles

Confusion and controversy surround efforts to re-evaluate and, thus, redefine the extent to which governmental intrusion should be allowed in the doctor-patient relationship vis-a-vis the treatment or non treatment of genetically handicapped, at risk infants. The purpose of this article is to present a succinct comparative analysis of the medical-legal posture in Britain and the United States and from this analysis to develop a construct to aid the physician and the family in making decisions concerning the administration or the withholding of treatment for genetically defective newborns.

A Model State Act: Remedies For Domestic Abuse, Lisa G. Lerman

Scholarly Articles

The problem of domestic violence has been the subject of increasing national concern. In response to that concern, states have enacted legislation providing protection to victims of domestic violence, encouraging improved police enforcement of protection law's, and constructing appropriate legal sanctions against abusers. Drafting comprehensive legislation to address this problem is difficult because both civil and criminal remedies are needed, because the needs of battered women are diverse and complex, and because effective protection requires a coordinated response by courts, law enforcement agencies, mental health personnel, and the bar. While some new legislation on wife abuse has been enacted in …

A Theological Method For Legal Education, Raymond C. O'Brien

Scholarly Articles

Is it possible to engraft theology' into legal education? Does the law school seeking to inculcate any particular theology into its curriculum jeopardize the fabric of legal education? Are theology and law irretrievably broken, one to speak only of the things of God and the other to speak of Caesar? Finally, if there is to be interaction between law and theology within the context of legal education, is there a methodology that can offer significant and fruitful dialogue? This is the real issue.

Quality Of Life, Sanctity Of Creation: Palliative Or Apotheosis?, George P. Smith Ii

Scholarly Articles

This Article will suggest an approach to facilitate decision-making where the concepts of quality of life and sanctity of life appear to clash. It is hoped that a reconciliation of these two ideas will provide an alternative to the increasing federal intervention in the process of family decision-making vis-a-vis handicapped infants.

The construct will combine deontological standards with situational, or consequential, ethics. This unique synthesis will then be placed within a sphere of expanded family advisers-medical, social, spiritual, legal, etc.-who are called into being with the birth of a genetically defective newborn. The force of the construct arises from the …

Compensation Formulas For Court Awarded Attorney Fees, Marshall J. Breger

Scholarly Articles

This article will first analyze different approaches to compensation rates in light of various theories of attorney fees. Second, it will review the case law developing the compensation formulas for court awarded fees and will consider the legislative history of statutory fee shifting. Finally, it will explore the meaning of the prevailing market rate formula and will show that courts using such a formula commonly misapply market rate analysis and fail to appreciate the need for a determination of reasonableness. While encouragement of litigation through fee shifting is a policy articulated in present statutes, awards based on the conventional (yet, …

Regulatory Reform In The Ocean Shipping Industry: An Extraordinary U.S. Commitment To Cartels, George E. Garvey

Scholarly Articles

This article explores the historical basis for and nature of the existing regulatory model for the U.S. shipping industry, the reasons suggested for the changes under consideration, and the possible impact of the proposed changes. The article concludes that the primary justifications for continued regulation of ocean shipping are flawed and thus require more serious consideration than is likely to occur through the legislative hearing process. Alternatively, if the changes are imperative politically, the facts suggest efficient U.S. liner companies are likely to thrive in a more competitive regime. More radical deregulation than Congress has considered seriously, therefore, might be …

Exports, Banking And Antitrust: The Export Trading Company Act: A Modest Tool For Export Promotion, George E. Garvey

Scholarly Articles

After discussing briefly some of the statute's economic implications and limitations, this article will analyze the more significant provisions of the Export Trading Company Act. The Act only recently has been implemented so there is insufficient experience or empirical basis for critiquing the performance of the enforcement agencies. It is not premature, however, to suggest that all administrative and enforcement policies should foster a limited role for government in the operation of export markets. Therefore, regulators empowered to exempt firms from potential antitrust liability should recognize the dual problems inherent in their regulatory activities: They must not impede the efficient …

Mediation Of Wife Abuse Cases: The Adverse Impact Of Informal Dispute Resolution On Women, Lisa G. Lerman

Scholarly Articles

This Article articulates a law enforcement critique of domestic violence mediation. It will explain the feminist view that mediation in abuse cases is based on misconceptions about the nature of wife abuse, and that mediation not only fails to protect women from subsequent violence, but also perpetuates their continued victimization.

The Article will recommend that other remedies be preferred over mediation. Recognizing that many programs will persist in mediation of wife abuse cases, however, the Article recommends that those programs should adopt procedures which will offer protection to victims of abuse, will make clear to the abuser that stopping the …

Handicapped Babies And The Law: The United States Position, George P. Smith Ii

Scholarly Articles

No abstract provided.

The United Nations And The Environment: Sometimes A Great Notion?, George P. Smith Ii

Scholarly Articles

This article presents an historical retrospective of the efforts of the United Nations to deal, rather unsuccessfully, with the global environment.

Today, as in the late 1970’s and the 1980’s, the success of transnational environmental programs cannot be measured within an isolated prism; but, rather, with a realization of resource interdependence. There is no over-arching principle of shared responsibility among the states which acknowledges an obligation for them to compromise sovereignty in the name of promoting the United Nations Environmental Programme (UNEP). The UN’s global protection plan, as it emerged from the 1972 Stockholm Conference on the Human Environment and …

Justice And Love, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Eugenics And Family Planning: Exploring The Yin And The Yang, George P. Smith Ii

Scholarly Articles

n order to combat genetic disease, genetic engineering may (and frequently does in fact) rely upon eugenics, the science that deals with the improvement of heredity. Stated simply, a positive eugenics program seeks to develop superior qualities in man through the propagation of his superior genes; with the positive eugenists seeking to produce a 'new breed' with keener and more creative intelligence. Contrariwise, a negative eugenics program attempts only to eliminate genetic weaknesses. When seen in application, positive eugenics programs encourage the fit and 'proper' individuals to reproduce, while negative eugenics programs discourage the less fit and those with inheritable …

Sexuality, Privacy And The New Biology, George P. Smith Ii, Roberto Iraola

Scholarly Articles

This Article investigates two alternative methods of human conception: Specifically, the artificial insemination of unmarried women for either their own personal purposes of pregnancy without the benefit of marriage or as surrogates for infertile women. Surrogation is evaluated, then, as an analytic complement to the sexual privacy of women who are expressing their sexual freedom through unconventional means to become pregnant.

The conclusion drawn is that an unmarried woman’s fundamental right to privacy or procreation does not encompass a right to either artificial insemination or surrogation. To allow unfettered access to these two methods of conception would - quite simply …