This issue of the Journal of Pedagogy, Pluralism and Practice is dedicated to the memory of Paulo Freire who died on May 2, 1997 at the age of 75. Paulo Freire is the author of Pedagogy of the Oppressed, The Politics of Education, Pedagogy of the City, Pedagogy of Hope and many other books that have created a radical discourse on liberatory education and have influenced teachers, theorists and cultural workers throughout the world. His last book, Pedagogia da Autonomia: Saberes necessários à prática educativa, is not yet translated in English, but is expected soon, possibly entitled Pedagogy of Freedom. The Portuguese text is reviewed in this issue of the Journal.
In recent years banks and other commercial lending institutions have faced a rapid increase in problem loans.' At the same time, the relatively new phenomenon in United States law known as "lender liability" has signaled an expansion of the legal theories under which courts may find lenders liable for damages incurred by borrowers. Perhaps most significantly, many courts now allow borrowers to recover against lenders based on various tort theories. Because of the broader remedies afforded under tort theories as compared to those remedies previously available in contract, some lenders recently have experienced large adverse verdicts. If courts continue to base findings of liability on new theories, lenders must choose between suffering a potentially severe economic loss by refusing to aid a financially troubled borrower or risking being made party to a lender liability suit by providing such help.' Conversely, any significant judicial curtailment of the theories under which borrowers may proceed against lenders undermines the effectiveness of these actions to ensure fair dealing and to prevent lenders from exploiting borrowers with respect to credit terms and conditions. This Special Project addresses the dilemma currently facing courts by examining critically the leading theories of lender liability and dis-cussing three potential solutions to various aspects of the problem. Initially, this Special Project surveys today's most prevalent theories of lender liability, as well as the impact that increasing liability has had on lenders. This Special Project then examines three potential solutions to the uncertainty currently plaguing the lender-borrower relationship.First, this Special Project explores the possibility of lenders using Uni-form Commercial Code sections 2-609 and 2-610 as a guide to conduct so as to avoid tort liability for breach of the implied covenant of good faith and fair dealing which some courts now find in loan agreements.Second, this Special Project analyzes several state legislatures' ...
Case Digest 1. Aliens' Rights Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person 2. European Economic Community Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in its Fishery Limits 3. Jurisdiction and Procedure Executive Branch Assertions of Need for Flexibility in Foreign Policy will not Automatically Limit a Court's Assertion of Jurisdiction to Determine Property Claims
THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA By Ali A.El-Hakim Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements. --- COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS By Oran R. Young Baltimore: Resources for the Future, 1979. Pp. 161. --- DOING BUSINESS WITH THE Russians Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166. --- TAX LAW AND POLICY IN THE E.E.C. By Alexander James Easson London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics. --- THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY AND THE POOR IN CANADA AND THE UNITED STATES By Christopher Leman Cambridge, Mass.: The MIT Press, 1980. Pp. 227. --- GIFTS AND PROMISES By John Philip Dawson New Haven and London: Yale University Press, 1980. Pp. 237. --- A GUIDE TO EUROPEAN COMMUNITY LAW By P.S.R.F. Mathijsen London: Street and Maxwell, 3d ed. 1980. Pp. 256. Tables of cases, treaties, and Community secondary legislation. --- THE LAW OF BANKERS' COMMERCIAL CREDIT By H.C. Gutteridge and Maurice Megrah London: Europa Publications Ltd., 1979.Pp. 289. Table of statutes and reprints of Uniform Customs and Practice for Documenting Credits, Uniform Rules for a Combined Transport Document, and the Uniform Commercial Code-Article 5. --- SPACE POLICY AND PROGRAMMES TODAY AND TOMORROW: THE VANISHING DUOPOLE By Nicolas Mateesco Matte Montreal: McGill University, 1980. Pp. 183. --- EL CONFLICTO HONDURAS-EL SALVADOR Y EL ORDEN JURIDICO INTERNACIONAL (1969) By James Rowles San Jose de Costa Rica: Editorial Universitaria Centroamericana (EDUCA), 1980. Pp. 303. Spanish language. Appendix.
Act of State Doctrine does not Preclude Inquiry by United States Court into Alleged Repudiation by a Foreign Government of its Obligation Arising from a Purely Commercial Transaction Admiralty Jurisdiction Extends inland to Automobile Accident Caused by the Negligence of Ship's Crew Outer Continental Shelf Lands Act Incorporates the Long-Shoremen's and Harbor Worker's Compensation Act, and includes Provisions Depriving Claims by Outer Continental Shelf Employees Injured on the Job against Vessel Ownerbased upon Breach of Warranty of Seaworthiness University's Restrictive Definition of Domicile, which Precludes Nonimmigrant Aliens from Attaining "In-State" Status for Tuition Purposes, Does not Violate Due Process Order of Attachment of Funds Held in Trust in United States Bank for Foreign Government to Secure Enforcement Judgment Expected in a Pending Contract Action in the United States Needs Reconsideration when Extraordinary Circumstances Precipitate Rapid Change in the Relationship between that Foreign Government and the United States
The Conference on Security and Cooperation in Europe, which opened at Helsinki on 3 July 1973 and continued at Geneva from 18 September 1973 to 21 July 1975, was concluded at Helsinki on August 1975 by the High Representatives of Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America and Yugoslavia. During the opening and closing stages of the Conference the participants were addressed by the Secretary-General of the United Nations as their guest of honour. The Director-General of UNESCO and the Executive Secretary of the United Nations Economic Commission for Europe addressed the Conference during its second stage. During the meetings of the second stage of the Conference, contributions were received, and statements heard, from the following non-participating Mediterranean States on various agenda items: the Democratic and Popular Republic of Algeria, the Arab Republic of Egypt, Israel, the Kingdom of Morocco, the Syrian Arab Republic, Tunisia. Motivated by the political will, in the interest of peoples, to improve and intensify their relations and to contribute in Europe to peace, security, justice and co-operation as well as to rapprochement among themselves and with the other States of the world.
Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments Expropriation of a Contractual Right Does Not Trigger the Hickenlooper Amendment Exception to the Act of State Doctrine Multiple-User Dock Owned by Third Party May be a Primary Picketing Situs if Picketing does not Interfere with Other Employers
COURT SITTING IN ADMIRALTY MAY GRANT INJUNCTIVE RELIEF TO PREVENT MARITIME INSURER FROM "BLACKLISTING" SEAMEN WITHOUT CAUSE --- EXPENSES OF JUSTICE INCLUDE ONLY THOSE STORAGE EXPENSES INCURRED AFTER THE FILING OF A FORFEITURE ACTION BY THE UNITED STATES GOVERNMENT --- IMMIGRATION AND NATURALIZATION SERVICE MAY APPEAL AN IMMIGRATION JUDGE'S DECISION TO GRANT AN ALIEN RELIEF FROM DEPORTATION UNDER SECTION 212(c) OF THE IMMIGRATION AND NATIONALITY ACT --- FOURTH AMENDMENT NO BAR TO WARRANTLESS SEARCH OF FOREIGN FISHING VESSEL AUTHORIZED BY FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976 --- SCOPE OF LACEY ACT IS LIMITED TO FOREIGN LAWS DESIGNED TO PROTECT WILDLIFE
Bar Admission Rules and Student Practice Rules Edited by Fannie J. Klein with contributions by Ms. Klein, Steven H. Leleiko, and Jane H. Mavity In this single volume, the Council on Legal Education for Professional Responsibility provides the first comprehensive collection of state and federal bar admission and law student practice rules. - - - - - - - - - Desegregation from Brown to Alexander: An Exploration of Supreme Court Strategies By Stephen Wasby, Anthony D'Amato,and Rosemary Metrailer. In 1954, the United States Supreme Court in Brown v. Board of Education (Brown I) held that "separate" education for blacks and whites in public elementary and secondary schools was not"equal" education under the equal protection clause of the fourteenth amendment to the United States Constitution. A year later,in Brown v. Board of Education (Brown II), the Court held that the schools must desegregate "with all deliberate speed." In 1969, how-ever, the Court in Alexander v. Holmes County held that there had to be an end to "all deliberate speed" and that desegregation had to come "at once." Using the Brown and Alexander decisions as the endpoints of their analysis, and combining the analytical tools of the legal historian and the political scientist, the authors of Desegregation investigate the Court's strategies in handling race relations cases during the Warren era. - - - - - - - - - - - - - - - - Ethics in the Practice of Law by Geoffrey C. Hazard Ethics, a concept that ranges from the technical to the moral, is an integral part of the foundation that guides the day-to-day activities of lawyers. In this regard, the American Bar Association set forth ethical guidelines for the legal profession with the adoption in 1970 of the Code of Professional Responsibility. Nevertheless, in any attempt to prescribe general rules of professional conduct, specific situations often create ethical problems that force the conscientious practitioner to sail an uncertain course between Scylla and Charybdis. Moreover, the recent Watergate ...
The Articles by Attorney General Griffin Bell, Chief Judge Harry Phillips, and Dean John W. Wade contained in this issue are based upon remarks made by the authors at the Cecil Sims Lecture Series, which was presented by the Vanderbilt Law School on November 4, 1977. The Sims Lecture Series was established in 1973 in memory of Cecil Sims, a 1914 graduate of Vanderbilt Law School and a preeminent attorney in Nashville, Tennessee. It was designed to foster discussion of issues of current significance to the legal community by bringing outstanding judges, attorneys, and public servants into close contact with Vanderbilt law students. The lectures this year focused upon the "Crisis in the Courts," a topic that has gained the attention of many commentators, including members of each of the branches of the federal government. The principal address was delivered by United States Attorney General Griffin B. Bell, who in his Article expresses concern that growing pressures on the federal judiciary will seriously impair the proper functioning of the courts and produce unfortunate repercussions in many other segments of our society. Attorney General Bell advocates decisive change in the judicial system, including a reexamination of the role of the judiciary in our democratic society and the implementation of new forums for dispute resolution.
1. ADMIRALTY ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period 2. CUSTOMS Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing Evidence that it was an Importer Consignee, or Agent 3. JURISDICTION AND PROCEDURE Substantive Law of a Foreign State may be Unenforceable because its Differences from the Law of the Forum State Contravene Sound Public Policy A Foreign Corporation is Subject to Personal Jurisdiction in the State of Washington when it Derives Income from the Local Market through an Integrated Chain of Worldwide Distribution Jurisdiction under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards may Extend to Federal Courts in Cases involving Contracts between United States Citizens Foreign Arbitration Award is Enforced in Federal Court Despite the Absence of Parties' Explicit Consent to the Entry of Judgment Doctrine of Sovereign Immunity Does Not Apply to REM Action against Government-owned Vessel used for Commercial Purposes 4. PATENTS Resort to Specifications of Foreign Patent is Proper to Show Section 103 Obviousness 5. POSTAL REGULATIONS Warrantless Mail Cover Based on Law Enforcement Agency's "Feeling" of Possible Crime Violates Postal Regulations and the Fourth Amendment
THE ARAB OIL WEAPON By Jordan J. Paust & Albert P. Blaustein Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50. =================== ARBITRATION IN SWEDEN Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00. =================== THE DECLINE OF DEMOCRACY IN THE PHILIPPINES A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00. =================== DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS By Victor H. Li Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50. ======================== EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL ASPECTS Compiled and edited by Dietrich Andre Loeber Dobbs Ferry, New York: Oceana Publications, 1976. Volume 1. Pp. 424. $37.50. ===================== THE INTERNATIONAL POLITICS OF NATURAL RESOURCES By Zuhayr Mikdashi Ithaca, New York: Cornell University Press, 1976. Pp.214. $12.50. ====================== INTERNATIONAL SPACE LAW Edited by A.S. Piradov Moscow: Progress Publishers, 1976. Pp. 271. $3.50. ===================== THE PLACE OF CRIMINAL JUSTICE IN DEVELOPMENTAL PLANNING By Hardy Wickwar New York: New York University Press, 1977. Pp.130. $12.50. ===================== QUEST FOR A NEW CENTRAL EUROPE--A SYMPOSIUM Edited by Julius Varsdnyi Adelaide-Sydney: Australian Carpathian Federation, 1976. Pp. 295. ======================== RACIAL DISCRIMINATION AND REPRESSION IN SOUTHERN RHODESIA By the International Commission of Jurists London: Garden House Press Limited, 1976. Pp. 119. £ 1. ==================== UGANDA AND HUMAN RIGHTS Submitted by the International Commission of Jurists Geneva: International Commission of Jurists,1977. Pp. vii, 167.
1. ADMIRALTY "CONTACTS" TEST BASED ON 99 PERCENT AMERICAN OWNERSHIP OF A FOREIGN CORPORATION WILL NOT BE APPLIED TO CIRCUMVENT THE RECIPROCITY PROVISION OF THE PUBLIC VESSELS ACT SEARCH OF A U.S. VESSEL ON THE HIGH SEAS PURSUANT TO STATUTE AUTHORIZING SAFETY INSPECTIONS BY THE U.S. COAST GUARD MAY NOT BE ASSISTED BY AGENTS OF OTHER FEDERAL AGENCIES LAND-BASED TORT PRINCIPLES OF NEGLIGENCE APPLY TO LIABILITY OF VESSELS FOR INJURIES TO LONGSHOREMEN RATHER THAN PRINCIPLES OF UNSEAWORTHINESS OR VIOLATION OF NONDELEGABLE DUTY 2. ALIEN'S RIGHTS INTERRUPTION OF AN ALIEN'S PRESENCE IN THE UNITED STATES AND INVESTOR STATUS OF AN ALIEN ARE DEPENDENT UPON INDIVIDUAL CIRCUMSTANCES 3. ARBITRATION PLAINTIFF DID NOT WAIVE RIGHTS TO ARBITRATION AFTER IMPROPER USE OF COMPULSORY FEDERAL DISCOVERY PROCEDURE BECAUSE DEFENDANT WITHHELD TIMELY OBJECTION TO SUCH DEPOSITIONS SO AS TO LATER CIRCUMVENT ARBITRATION 4. COMMERCE EXPORT VALUE OF GOODS IMPORTED INTO THE UNITED STATES IS TO BE DETERMINED BY CONSIDERING ONLY THE EXPORTING COUNTRY'S MARKET FOR EXPORTATION TO THE UNITED STATES FOR PURPOSES OF ASSESSING CUSTOMS DUTIES FOREIGN COUNTRY NEEDS CLEAR DECLARATION OF NATIONAL OWNERSHIP OVER ARTICLE BEFORE EXPORTATION OF ARTICLE MAKES IT "STOLEN" WITHIN MEANING OF NATIONAL STOLEN PROPERTY ACT ITEM 807.00 TARIFF SCHEDULES OF THE UNITED STATES DOES NOT CHANGE THE BASIS FOR MAKING CUSTOMS DUTY ALLOWANCES ESTABLISHED UNDER SECTION 1615(A), TARIFF ACT OF 1930, AS AMENDED 5. JURISDICTION AND PROCEDURE EMPLOYEE COVERED BY THE PUERTO RICO STATE INSURANCE FUND CANNOT INVOKE PUERTO Rico DIRECT ACTION STATUTE AGAINST AN INSURER OF A STATE INSURANCE FUND-INSURED EMPLOYER GUAM LEGISLATURE LACKS AUTHORITY UNDER 1950 ORGANIC ACT OF GUAM TO DIVEST U.S. DISTRICT COURT FOR GUAM OF ITS APPELLATE JURISDICTION OHIO CORPORATION RECEIVING SIGNIFICANT BENEFITS FROM FREQUENT VOLUNTARY TRANSACTIONS HAS SUFFICIENT CONTACTS TO ESTABLISH IN PERSONAM JURISDICTION UNDER PUERTO RICO'S LONG-ARM STATUTE SWORN AFFIDAVITS OF A FOREIGN LEGAL EXPERT CAN BE RELIED UPONTO ...
1. Admiralty Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition 2. Common Market European Community Directive Requires that in the Event of the Appointment of a Single Director, Disclosure must be made that He Represents the Company Alone Requirement of Habitual Residence for Providing Services within a Member State is Incompatible with European Economic Treaty 3. Jurisdiction Service of Process on Foreign Governmental Agencies may be Effectuated under F.R.C.P. Rule 83 Extraterritorial Securities Violations require Significant Direct Impact on United States to Warrant Subject Matter Jurisdiction 4. Law of the Sea Lower Cook Inlet is not an Historic Bay and Consequently Title to Submerged Lands in the Area is in the United States not Alaska 5. Shipping Cargo Consignee liable for Contribution to Carrier where De Facto Jason Clause found in Voyage Charter 6. TAXATION Internal Revenue Code Section 911(a)(1) Permits the Exclusion of Income Earned Abroad if the Taxpayer is a Bona Fide Foreign Resident for the Period for which the Return is Made
Chile: The Balanced View Edited by Francisco Orrego Vicuna Santiago: The University of Chile, 1975. Pp. 298. =============== Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50. =============== Crimes against Internationally Protected Persons: Prevention and Punishment By Louis M. Bloomfield & Gerald F. Fitzgerald. New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50. =============== Criminal Justice in Eighteenth Century Mexico By Colin M. MacLachlan Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00. ================ EEC Anti-Trust Law--Principles and Practice By D. Barounos, D.F. Hall and J. Rayner James Toronto: Butterworths, 1975. Pp.xxxv, 440. $52.50. ================== The European Convention on Human Rights By Francis G. Jacobs Oxford: Clarendon Press, 1975. Pp. xi, 286. $22.50. =========== International Law and the Independent State By Ingrid Delupis New York: Crane, Russak & Co., Inc., 1974. Pp. xi, 252. $23.00. ============== International Law in the Enlightment--The Background of Emmerich de Vattel's le Droit des Gens. By Francis Stephen Ruddy Dobbs Ferry, N.Y.: Oceana Publications, Inc., 1975. Pp.xvi, 364. $40.00. ================= International Terrorism and Political Crime Edited by M. Cherif Bassiouni Springfield, Ill.: Chas. C. Thomas, 1975. Pp.xxvi, 594. $19.50. ============= The Law of the Near & Middle East By Herbert J. Liebesny Albany, N.Y.: State University Press of New York, 1975. Pp. xii,316. $15.00. ============= The Legal Status of Foreign Investments in the East African Common Market By Osita C. Eze Leiden: A.W. Sijthoff, 1975.Pp. xv, 353. $26.00. ============== OPEC and the Petroleum Industry By Mana Saeed Al-Otaiba New York: John Wiley & Sons (Halsted Press), 1975. Pp. x, 192.$14.50. ============ The Public Order of Ocean Resources: A Critique of the Contemporary Law of the Sea By P. Sreenivasa Rao Cambridge, ...
