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Judicial Notice November 17th, 1993 V20 N3, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice April 20th, 1993 V19 N8, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice February 1st, 1993 V19 N5, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Market And Non-Market Mechanisms For Procuring Human And Cadaveric Organs: When The Price Is Right, George P. Smith Ii

Scholarly Articles

In the United States, as well as throughout the world, current demands for organ transplants far exceed the actual supply. Nonconsensual human donations, taken from minors, incompetents and prisoners are regulated carefully by the courts. The Uniform Anatomical Gift Act and the National Organ Transplant Act serve also as statutory frameworks for organ retrievals and allocations and place various restrictions upon each. Altruistically motivated donations at death continue to be an inadequate mechanism for meeting the growing demands of the market. Included among the various approaches to resolving the critical shortage of human organs for transplantation are post mortem harvesting, …

Of Legislative Histories And Librarians, Stephen G. Margeton

Scholarly Articles

Professor Margeton outlines the history of federal legislative history research, tracing the achievements of Washington, D.C., area law librarians and the Law Librarians' Society of the District of Columbia in compiling legislative histories, creating cooperative programs, and improving access to congressional materials.

Coordinating Family Violence Cases: A Suggested Approach, Catherine F. Klein

Scholarly Articles

No abstract provided.

Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Look Before You Lend: A Lender’S Guide To Financing Government Contracts Pursuant To The Assignment Of Claims Act, Heidi Mandanis Schooner, Steven L. Schooner

Scholarly Articles

This Article briefly summarizes the origin of the Assignment of Claims Act, discusses the lender's ability to obtain a valid assignment of moneys due or to become due under a government contract (but not the numerous other assignment issues that a government contracts practitioner might confront), analyzes the priorities of competing claims against the government for payment of government receivables, and describes the procedure for asserting a claim against the government for payment.

Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin

Scholarly Articles

No abstract provided.

The Bifurcation Of Undersecured Residential Mortgages Under Sec. 1322(B)(2) Of The Bankruptcy Code: The Final Resolution, Veryl Victoria Miles

Scholarly Articles

In August of 1992 the Fifth Circuit Court of Appeals, in its decision in Nobleman v. American Savings Bank (In re Nobleman), interpreted § 1322(b)(2) of the Code as prohibiting the bifurcation of a claim secured only by a lien against a debtor's principal residence. This decision is contrary to the position taken previously by the Courts of Appeals for the Second, Third, Ninth and Tenth Circuits on the same question. On December 7, 1992 the Supreme Court granted a petition for certiorari, filed by the debtor in Nobleman, to resolve the split now existing among the courts of appeals. …

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Scholarly Articles

The article consists of two parts. The first is the update of constitutional transformation in the region experiencing the retreat from communism. The organization of this part requires some explanation. The part breaks down into two separate chapters on constitution-drafting in former Soviet Republics and in the new democracies of East-Central Europe. As the former Soviet republics existed within the same statehood until the end of 1991, it seemed appropriate to assemble comments on political developments in the former U.S.S.R in one subchapter examining the end of Gorbachev's era and the process of the establishment of the Commonwealth of Independent …

The Legal Dilemma Of Partner Notification During The Hiv Epidemic, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

The Passive Personality Principle, Geoffrey R. Watson

Scholarly Articles

This Article examines the merits of the passive personality principle of criminal jurisdiction, focusing particularly on United States practice. Part II traces the evolution of passive personality jurisdiction in United States law, asserting that passive personality jurisdiction had almost no place in United States law until the 1970s, when Congress began to seek ways to punish terrorist acts against Americans overseas. Part III argues that international law should permit states to exercise passive personality jurisdiction, but only if the defendant is not prosecuted either by the state in which the crime was committed or by the defendant's home state. Part …

Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson

Scholarly Articles

This Article considers whether the World Court can and should review the validity of acts of the Security Council and General Assembly. Part I argues that the text and negotiating history of the U.N. Charter leave room for the World Court to exercise at least some power of judicial review but do not delineate the precise scope or effect of such review. Part II asserts that the World Court has in fact repeatedly exercised a power of judicial review, albeit deferentially, over acts by the Security Council and the General Assembly. Part III argues that the World Court can review …

Defined Benefit Plan Funding: How Much Is Too Much?, Regina T. Jefferson

Scholarly Articles

Ideally, the role of policymakers is to make laws which effectuate change consistent with public interest. However, in order for policy makers to meet this demand, it is necessary for them to identify distinct issues and their respective causes and long term effects. In furtherance of this goal, as it relates to the issue of accelerated funding of qualified defined benefit plans, this Article will address the following questions: (1) whether it is practical to separate the concept of accelerated funding from impending plan termination, (2) whether the removal of excess assets from terminating plans can be deterred in ways …

Private Power And The Constitution, John H. Garvey

Scholarly Articles

No abstract provided.

Cover Your Ears, John H. Garvey

Scholarly Articles

Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations: …

Black And White Images, John H. Garvey

Scholarly Articles

In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …

Administrative Law And Labor Law: The Supreme Court’S 1991-92 Docket, Marshall J. Breger

Scholarly Articles

No abstract provided.

Defending Defenders: Remarks On Nichol And Pierce, Marshall J. Breger

Scholarly Articles

No abstract provided.

Providing Legal Protection For Battered Women: An Analysis Of State Statutes And Case Law, Catherine F. Klein, Leslye E. Orloff

Scholarly Articles

This Article presents a comprehensive survey of civil protection order statutes and state appellate opinions in all fifty jurisdictions, the District of Columbia, and Puerto Rico. We examine recent developments and trends, and highlight innovations. We include recommendations for further legislative reform and for creative development of case law. We have incorporated available social science research, the published policies and recommendations of judicial authorities, and the legal literature written by domestic violence experts. Moreover, our recommendations are based on our experience as domestic violence advocates. Each of us has represented battered women in court for more than a decade.

In …

Should Arbitrators Follow The Law?, David A. Lipton

Scholarly Articles

No abstract provided.

Teaching Professional Responsibility In Law School, Leah Wortham

Scholarly Articles

I was pleased to be asked to write about teaching professional responsibility in law school. Ten years and sixteen classes of professional responsibility have allowed me to form many views. The following is organized in a variation of the journalist's standard five questions (who, what, when, where, and how). I consider WHAT to teach in professional responsibility courses, WHO should teach them, WHEN to teach the subject, HOW to teach it, and WHY it is hard to do.

Multiple Sources Of Consumer Law And Enforcement (Or: 'Still In Search Of A Uniform Policy'), Ralph J. Rohner

Scholarly Articles

In 1972 the National Commission on Consumer Finance surveyed and made recommendations for improving the legal and marketplace environments for consumer credit. Twenty years later, industry, consumer groups, government agencies, and the national and state legislatures are still groping for a coherent approach to the regulation of consumer credit. It is time for another national commission, or similar group, to make an objective and informed assessment of appropriately uniform policy for consumer financial services, and to craft a blueprint for future developments.

'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin

Scholarly Articles

Arguments for the overturning of the Roe decision can be grouped into two categories: (1) the positivist argument that, contrary to the assertions in the Roe decision, nothing in the Constitution protects the right to privacy in the abortion decision (thus leaving legislatures free to regulate the matter), and (2) the natural law argument that a fetus or unborn child has a fundamental and inalienable right to life (thus preventing legislatures from regulating the matter, except for compelling governmental reasons). The right-to-life movement is grounded upon the latter, natural law position. The difficulty for the pro-life movement is that, if …

Main Models Of Judicial Review In The Contemporary World: A Comparative Study, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.