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George Garvey

The Catholic University of America, Columbus School of Law, Emeritus

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Emeritus professor of law, The Catholic University of America School of Law. Expertise in Catholic Social Teaching, business and law.

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Papers by George Garvey

Catholicism’s Critique of Civil Society at the Turn of the Millennium

The series of essays published here explores in some depth the particular body of Roman Catholic ... more The series of essays published here explores in some depth the particular body of Roman Catholic moral theology that has come to be known as the church's social teaching or, more recently, social doctrine.' Catholic social teaching reflects the wisdom the Roman Catholic Church brought to bear on the real and pressing social problems of the world. The sources of its insights include sacred scripture, church doctrine, Christian tradition, human reason, and natural law. The social teachings are primarily embodied in papal pronouncements, most notably a series of encyclicals beginning with Pope Leo XIII's magisterial Rerum Novarum, 2 various documents issued by and during the Second Vatican Council, 3 and the works of Episcopal conferences throughout the world.

The Foreign Trade Antitrust Improvements Act of 1981

Regulatory Reform in the Ocean Shipping Industry: An Extraordinary U.S. Commitment to Cartels

Much of the substance of this article was summarized and presented in testimony before the Subcom... more

Transnational Joint Ventures and Antitrust Analysis

The recent plight of the United States as an international trading nation is well documented.' Th... more The recent plight of the United States as an international trading nation is well documented.' The nation's trade deficit has grown dramatically over the past several years, reaching a record $117.7 billion during 1985.2 The United States has, in fact, become one of the largest debtor nations in the world. The reasons are complex and sometimes controversial. The strength of the dollar and the strong American economic recovery relative to our trading partners are immediate and obvious contributing factors to the American trade imbalance. 4 The strength of the dollar, however, does not account fully for the deficit, as rapid depreciation of the dollar would have adverse consequences. 5 "A depreciation of the dollar means a loss in purchasing power for the American consumer, which means a lower standard of living for us all." 6 Other factors that contribute to the American trade dilemma include: (1) foreign trade barriers; 7 (2) diminished growth of American productivity; 8 and (3) excessive antitrust enforcement. 9 Only governments can deal comprehensively with national tariff

THE CONSTITUTION, THE COURTS AND HUMAN RIGHTS. By Michael J. Perry

This Book Review is brought to you for free and open access by CUA Law Scholarship Repository. It... more

International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development

Kobe University monograph series in social science research, 2019

Following World War II, the secular international agenda emphasized processes of developing the e... more Following World War II, the secular international agenda emphasized processes of developing the economically challenged and post-colonial nations of the world. The project was led by the Bretton Woods institutions and the United Nations. Bretton Woods focused primarily on economic issues: The IMF would establish order and liquidity in the international financial markets, and the International Bank for Reconstruction and Development (World Bank) would rebuild from the war’s devastation and ultimately aim for “the eradication of poverty.” In contrast, the United Nations focused on the international recognition of human rights. Similarly, the Catholic Church expanded its teachings of social doctrine to address the same issues. Pope St. John XXIII addressed human rights and the roles of international organizations. Pope St. Paul VI emphasized economic and social development, particularly in relation to less developed nations. Catholic teachings regarding development have always gone beyond mere economic advances and have sought “integral human development.” In the words of Pope St. Paul, “[w]hat must be aimed at is complete humanism. And what is that if not the fully rounded development of the whole man and of all men” (Populorum Progressio 42). This chapter summarizes the secular and “Catholic” approaches to international development with an emphasis on the parallel tracks of economic development and human rights. The chapter then analyzes the impact of policies related to the critical role of financial aid. The analysis considers, first, the extent to which financial aid has been effective in promoting the development of poor nations; and second, whether economic progress alone achieves a desirable level of “integral human development,” as defined by St. Paul VI.

The Sherman Act and the Vicious Will: Developing Standards for Criminal Intent in Sherman Act Prosecutions

This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has... more This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. * 4 W. BLACKSTONE'S COMMENTARIES 21 (referring to the mental element of a crime as a "vicious will").

Exports, Banking and Antitrust: The Export Trading Company Act: A Modest Tool for Export Promotion

I. INTRODUCTION There is an almost universally held perception that expanded export trade is esse... more I. INTRODUCTION There is an almost universally held perception that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy.' Huge balance of payments deficits in recent years, 2 the increasingly successful and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industries have all fuelled this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; 3 and second, a substantial effort to establish policies that will pro

American Retreat From Extraterritorial Antitrust Enforcement: Consequences of New Legislative Policies for an International Competitive Economy

All use subject to JSTOR Terms and Conditions of its comparative advantages in the international ... more All use subject to JSTOR Terms and Conditions of its comparative advantages in the international marketplace22. The capital, technology and know-how of developed industrial nations, for example, may combine with the human and abundant natural resources of less developed nations to produce lowerpriced finished goods. Consumers will tion, of such stocks or assets , or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. 20 Garvey, Transnational Joint Ventures 352-354. 21 Root 86-91. 22 See Gray 16-25.

Business as a Vocation: Implications for Catholic Legal Education

Economic Law and Economic Growth: Antitrust, Regulation, and the American Growth System

This volume provides a practical answer to, among other questions, Whither public law after the C... more This volume provides a practical answer to, among other questions, Whither public law after the Chicago School'? Using perspectives from American history, economic theory, and legal analysis, the Garvey's take an interdisciplinary approach to U.S. public law and policy--antitrust and regulation--and develop the essential unity of the two major fields based on a clearly written summary of pertinent microeconomic principles. They establish that economic growth has been a primary goal of U.S. public policy throughout the nation's history. The authors provide a thorough critical survey of neopopulism and neoclassicism, the two major post-war impulses in public economic law. An innovative and concrete framework for policy development and for practical institutional reform aimed at improving U.S. industrial competitiveness by improving the capital allocation process is presented here. The highly readable text is complemented by graphics and tables for those who may want a rigorous treatment of economic/legal concepts. The work has been extensively annotated, especially to legal precedents and economic texts. Law school libraries, major public libraries, libraries of law firms, federal courts and superior state courts, as well as university libraries will find "Economic Law and Economic Growth" a necessary addition. This is a volume that can be productively consulted by practicing lawyers and college/university teachers in the fields of antitrust law, regulation--both lawyers and economists, and public policy. An invaluable addition to courses in antitrust and administrative law, economic policy, the regulatory process, economic development/industrial policy, and political economics.

Note, Unenumerated Rights – Substantive Due Process, the Ninth Amendment and John Stuart Mill

A Catholic Social Teaching Critique of Law and Economics

Christian Perspectives on Legal Thought

THE CONSTITUTION, THE COURTS AND HUMAN RIGHTS. By Michael J. Perry

Catholic University Law Review, 1984

Regulatory Reform in the Ocean Shipping Industry: An Extraordinary U.S. Commitment to Cartels

Much of the substance of this article was summarized and presented in testimony before the Subcom... more

Transnational Joint Ventures and Antitrust Analysis

The recent plight of the United States as an international trading nation is well documented.' Th... more The recent plight of the United States as an international trading nation is well documented.' The nation's trade deficit has grown dramatically over the past several years, reaching a record $117.7 billion during 1985.2 The United States has, in fact, become one of the largest debtor nations in the world. The reasons are complex and sometimes controversial. The strength of the dollar and the strong American economic recovery relative to our trading partners are immediate and obvious contributing factors to the American trade imbalance. 4 The strength of the dollar, however, does not account fully for the deficit, as rapid depreciation of the dollar would have adverse consequences. 5 "A depreciation of the dollar means a loss in purchasing power for the American consumer, which means a lower standard of living for us all." 6 Other factors that contribute to the American trade dilemma include: (1) foreign trade barriers; 7 (2) diminished growth of American productivity; 8 and (3) excessive antitrust enforcement. 9 Only governments can deal comprehensively with national tariff

International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development

Kobe University Monograph Series in Social Science Research, 2019

Following World War II, the secular international agenda emphasized processes of developing the e... more Following World War II, the secular international agenda emphasized processes of developing the economically challenged and post-colonial nations of the world. The project was led by the Bretton Woods institutions and the United Nations. Bretton Woods focused primarily on economic issues: The IMF would establish order and liquidity in the international financial markets, and the International Bank for Reconstruction and Development (World Bank) would rebuild from the war’s devastation and ultimately aim for “the eradication of poverty.” In contrast, the United Nations focused on the international recognition of human rights. Similarly, the Catholic Church expanded its teachings of social doctrine to address the same issues. Pope St. John XXIII addressed human rights and the roles of international organizations. Pope St. Paul VI emphasized economic and social development, particularly in relation to less developed nations. Catholic teachings regarding development have always gone bey...

The Foreign Trade Antitrust Improvements Act of 1981

The Georgetown Study of Private Antitrust Litigation

The project had its beginnings in the summer of 1983 at the Georgetown Law Center. A documentary ... more The project had its beginnings in the summer of 1983 at the Georgetown Law Center. A documentary history of the project has not yet been written, but, as best I can tell, Robert Pitofsky, Thomas Krattenmaker, Steven Salop, Joe Sims, Ira Millstein, Thomas Long, Howard Adler and Martin Connor were there at the beginning, and they deserve major credit in getting the project started. (If I missed anybody, I'm sorry.)

American Retreat From Extraterritorial Antitrust Enforcement: Consequences of New Legislative Policies for an International Competitive Economy

All use subject to JSTOR Terms and Conditions of its comparative advantages in the international ... more All use subject to JSTOR Terms and Conditions of its comparative advantages in the international marketplace22. The capital, technology and know-how of developed industrial nations, for example, may combine with the human and abundant natural resources of less developed nations to produce lowerpriced finished goods. Consumers will tion, of such stocks or assets , or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. 20 Garvey, Transnational Joint Ventures 352-354. 21 Root 86-91. 22 See Gray 16-25.

Catholicism’s Critique of Civil Society at the Turn of the Millennium

The series of essays published here explores in some depth the particular body of Roman Catholic ... more The series of essays published here explores in some depth the particular body of Roman Catholic moral theology that has come to be known as the church's social teaching or, more recently, social doctrine.' Catholic social teaching reflects the wisdom the Roman Catholic Church brought to bear on the real and pressing social problems of the world. The sources of its insights include sacred scripture, church doctrine, Christian tradition, human reason, and natural law. The social teachings are primarily embodied in papal pronouncements, most notably a series of encyclicals beginning with Pope Leo XIII's magisterial Rerum Novarum, 2 various documents issued by and during the Second Vatican Council, 3 and the works of Episcopal conferences throughout the world.

The Foreign Trade Antitrust Improvements Act of 1981

Regulatory Reform in the Ocean Shipping Industry: An Extraordinary U.S. Commitment to Cartels

Much of the substance of this article was summarized and presented in testimony before the Subcom... more

Transnational Joint Ventures and Antitrust Analysis

The recent plight of the United States as an international trading nation is well documented.' Th... more The recent plight of the United States as an international trading nation is well documented.' The nation's trade deficit has grown dramatically over the past several years, reaching a record $117.7 billion during 1985.2 The United States has, in fact, become one of the largest debtor nations in the world. The reasons are complex and sometimes controversial. The strength of the dollar and the strong American economic recovery relative to our trading partners are immediate and obvious contributing factors to the American trade imbalance. 4 The strength of the dollar, however, does not account fully for the deficit, as rapid depreciation of the dollar would have adverse consequences. 5 "A depreciation of the dollar means a loss in purchasing power for the American consumer, which means a lower standard of living for us all." 6 Other factors that contribute to the American trade dilemma include: (1) foreign trade barriers; 7 (2) diminished growth of American productivity; 8 and (3) excessive antitrust enforcement. 9 Only governments can deal comprehensively with national tariff

THE CONSTITUTION, THE COURTS AND HUMAN RIGHTS. By Michael J. Perry

This Book Review is brought to you for free and open access by CUA Law Scholarship Repository. It... more

International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development

Kobe University monograph series in social science research, 2019

Following World War II, the secular international agenda emphasized processes of developing the e... more Following World War II, the secular international agenda emphasized processes of developing the economically challenged and post-colonial nations of the world. The project was led by the Bretton Woods institutions and the United Nations. Bretton Woods focused primarily on economic issues: The IMF would establish order and liquidity in the international financial markets, and the International Bank for Reconstruction and Development (World Bank) would rebuild from the war’s devastation and ultimately aim for “the eradication of poverty.” In contrast, the United Nations focused on the international recognition of human rights. Similarly, the Catholic Church expanded its teachings of social doctrine to address the same issues. Pope St. John XXIII addressed human rights and the roles of international organizations. Pope St. Paul VI emphasized economic and social development, particularly in relation to less developed nations. Catholic teachings regarding development have always gone beyond mere economic advances and have sought “integral human development.” In the words of Pope St. Paul, “[w]hat must be aimed at is complete humanism. And what is that if not the fully rounded development of the whole man and of all men” (Populorum Progressio 42). This chapter summarizes the secular and “Catholic” approaches to international development with an emphasis on the parallel tracks of economic development and human rights. The chapter then analyzes the impact of policies related to the critical role of financial aid. The analysis considers, first, the extent to which financial aid has been effective in promoting the development of poor nations; and second, whether economic progress alone achieves a desirable level of “integral human development,” as defined by St. Paul VI.

The Sherman Act and the Vicious Will: Developing Standards for Criminal Intent in Sherman Act Prosecutions

This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has... more This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. * 4 W. BLACKSTONE'S COMMENTARIES 21 (referring to the mental element of a crime as a "vicious will").

Exports, Banking and Antitrust: The Export Trading Company Act: A Modest Tool for Export Promotion

I. INTRODUCTION There is an almost universally held perception that expanded export trade is esse... more I. INTRODUCTION There is an almost universally held perception that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy.' Huge balance of payments deficits in recent years, 2 the increasingly successful and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industries have all fuelled this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; 3 and second, a substantial effort to establish policies that will pro

American Retreat From Extraterritorial Antitrust Enforcement: Consequences of New Legislative Policies for an International Competitive Economy

All use subject to JSTOR Terms and Conditions of its comparative advantages in the international ... more All use subject to JSTOR Terms and Conditions of its comparative advantages in the international marketplace22. The capital, technology and know-how of developed industrial nations, for example, may combine with the human and abundant natural resources of less developed nations to produce lowerpriced finished goods. Consumers will tion, of such stocks or assets , or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. 20 Garvey, Transnational Joint Ventures 352-354. 21 Root 86-91. 22 See Gray 16-25.

Business as a Vocation: Implications for Catholic Legal Education

Economic Law and Economic Growth: Antitrust, Regulation, and the American Growth System

This volume provides a practical answer to, among other questions, Whither public law after the C... more This volume provides a practical answer to, among other questions, Whither public law after the Chicago School'? Using perspectives from American history, economic theory, and legal analysis, the Garvey's take an interdisciplinary approach to U.S. public law and policy--antitrust and regulation--and develop the essential unity of the two major fields based on a clearly written summary of pertinent microeconomic principles. They establish that economic growth has been a primary goal of U.S. public policy throughout the nation's history. The authors provide a thorough critical survey of neopopulism and neoclassicism, the two major post-war impulses in public economic law. An innovative and concrete framework for policy development and for practical institutional reform aimed at improving U.S. industrial competitiveness by improving the capital allocation process is presented here. The highly readable text is complemented by graphics and tables for those who may want a rigorous treatment of economic/legal concepts. The work has been extensively annotated, especially to legal precedents and economic texts. Law school libraries, major public libraries, libraries of law firms, federal courts and superior state courts, as well as university libraries will find "Economic Law and Economic Growth" a necessary addition. This is a volume that can be productively consulted by practicing lawyers and college/university teachers in the fields of antitrust law, regulation--both lawyers and economists, and public policy. An invaluable addition to courses in antitrust and administrative law, economic policy, the regulatory process, economic development/industrial policy, and political economics.

Note, Unenumerated Rights – Substantive Due Process, the Ninth Amendment and John Stuart Mill

A Catholic Social Teaching Critique of Law and Economics

Christian Perspectives on Legal Thought

THE CONSTITUTION, THE COURTS AND HUMAN RIGHTS. By Michael J. Perry

Catholic University Law Review, 1984

Regulatory Reform in the Ocean Shipping Industry: An Extraordinary U.S. Commitment to Cartels

Much of the substance of this article was summarized and presented in testimony before the Subcom... more

Transnational Joint Ventures and Antitrust Analysis

The recent plight of the United States as an international trading nation is well documented.' Th... more The recent plight of the United States as an international trading nation is well documented.' The nation's trade deficit has grown dramatically over the past several years, reaching a record $117.7 billion during 1985.2 The United States has, in fact, become one of the largest debtor nations in the world. The reasons are complex and sometimes controversial. The strength of the dollar and the strong American economic recovery relative to our trading partners are immediate and obvious contributing factors to the American trade imbalance. 4 The strength of the dollar, however, does not account fully for the deficit, as rapid depreciation of the dollar would have adverse consequences. 5 "A depreciation of the dollar means a loss in purchasing power for the American consumer, which means a lower standard of living for us all." 6 Other factors that contribute to the American trade dilemma include: (1) foreign trade barriers; 7 (2) diminished growth of American productivity; 8 and (3) excessive antitrust enforcement. 9 Only governments can deal comprehensively with national tariff

International Financial Aid, Catholic Social Doctrine and Sustainable Integral Human Development

Kobe University Monograph Series in Social Science Research, 2019

Following World War II, the secular international agenda emphasized processes of developing the e... more Following World War II, the secular international agenda emphasized processes of developing the economically challenged and post-colonial nations of the world. The project was led by the Bretton Woods institutions and the United Nations. Bretton Woods focused primarily on economic issues: The IMF would establish order and liquidity in the international financial markets, and the International Bank for Reconstruction and Development (World Bank) would rebuild from the war’s devastation and ultimately aim for “the eradication of poverty.” In contrast, the United Nations focused on the international recognition of human rights. Similarly, the Catholic Church expanded its teachings of social doctrine to address the same issues. Pope St. John XXIII addressed human rights and the roles of international organizations. Pope St. Paul VI emphasized economic and social development, particularly in relation to less developed nations. Catholic teachings regarding development have always gone bey...

The Foreign Trade Antitrust Improvements Act of 1981

The Georgetown Study of Private Antitrust Litigation

The project had its beginnings in the summer of 1983 at the Georgetown Law Center. A documentary ... more The project had its beginnings in the summer of 1983 at the Georgetown Law Center. A documentary history of the project has not yet been written, but, as best I can tell, Robert Pitofsky, Thomas Krattenmaker, Steven Salop, Joe Sims, Ira Millstein, Thomas Long, Howard Adler and Martin Connor were there at the beginning, and they deserve major credit in getting the project started. (If I missed anybody, I'm sorry.)

American Retreat From Extraterritorial Antitrust Enforcement: Consequences of New Legislative Policies for an International Competitive Economy

All use subject to JSTOR Terms and Conditions of its comparative advantages in the international ... more All use subject to JSTOR Terms and Conditions of its comparative advantages in the international marketplace22. The capital, technology and know-how of developed industrial nations, for example, may combine with the human and abundant natural resources of less developed nations to produce lowerpriced finished goods. Consumers will tion, of such stocks or assets , or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. 20 Garvey, Transnational Joint Ventures 352-354. 21 Root 86-91. 22 See Gray 16-25.

International Consultation of Debt Crisis, Intervention of George Garvey

The Fourth Panel of this International Consultation asks if ethical questions raised by the Churc... more The Fourth Panel of this International Consultation asks if ethical questions raised by the Churches help the international decision process on financial reform. The ultimate answer is obvious. Many factors contributed to the debt crisis that continues to this day: some were technical, some involved poor judgment and bounded rationality, but beyond doubt the crisis and its continuation has been in large part an absence of ethical constraints and an abundance of greed. An excellent, recent text has synthesized the breadth of disciplines involved in the study of regulation. The disciplines identified include " law, economics, political science and public policy, sociology, history, psychology, geography, anthropology, management, and social administration. " 1 If virtually all of the sciences dealing with human behavior are involved in the effort to understand the strengths, weaknesses and diversity of regulation, those who study ethics and morality must have essential wisdom to share. The Catholic Church, particularly through it interdisciplinary social doctrine, should have a key role. So, yes, religious and secular institutions that focus on ethical and moral issues have an important role at the table. Catholic Social Doctrine should play a significantly important role informing policymakers with regard to the ethical dimensions of financial reforms, particularly in the globalized economic world. That said, I would like to address some aspects of learning from the literature on regulation and apply a couple of principles from the social teachings to the issue at hand. The world of finance has become international in fact which presents challenges that require some form of oversight and regulation. The current situation demonstrates convincingly that an unregulated financial sector can wreak havoc on the " real " economy and the people who depend on a properly operating economic order for employment and the goods they need. The consequences of excessive speculation and malfeasance by those in the financial sector, and those who regulate them, is anything but a new phenomenon, but the international scope of the problem is new. Hence, the focus of this conference is on multinational or global regulatory solutions. The speakers at this International Consultation, and the documents that were circulated in advance, have presented a comprehensive picture of the problem and its possible regulatory solutions. I would like to focus on a couple of issues that I believe are particularly problematic with regard to the future of the international, and national, financial sectors. Preventing the systemic risk that became so apparent when the sub-prime real estate bubble burst in 2008 will be a complicated task on many, many levels: institutional, structural, procedural, and political to name a few. There is no single, self-evident way to avoid the many limitations on the capacity of humans to overcome self-interest, bounded rationality and the quest for profits at any cost.