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Full-Text Articles in Law

Holding Charities Accountable: Some Thoughts From An Ex-Regulator, Catharine P. Wells Dec 2006

Holding Charities Accountable: Some Thoughts From An Ex-Regulator, Catharine P. Wells

Boston College Law School Faculty Papers

This paper recounts a number of lessons learned in the course of serving as the Director of Public Charities for the Commonwealth of Massachusetts. It incorporates these lessons into a discussion of the proper analysis of charitable organizations. Should charities be analogized to for-profit firms or are they something that is essentially different? The paper argues that they lack many of the attributes of Coasian firms and that they should be considered as “consumption groups” that have different methods of accountability.


Rights Rhetoric As An Instrument Of Religious Oppression In Sri Lanka, Tracy Hresko Dec 2006

Rights Rhetoric As An Instrument Of Religious Oppression In Sri Lanka, Tracy Hresko

Boston College International and Comparative Law Review

Two laws proposed by the Sri Lankan government present a threat to Christians and other religious minorities in the country. Though purportedly designed to prevent “unethical or fraudulent conversions,” the laws are overly broad and ill-defined, giving Sri Lankan officials the latitude to use them to suppress minority religious activities. Indeed, despite being couched in the rhetoric of religious liberty and human rights, the laws are likely to be used by the Buddhist majority as instru ments of oppression over unpopular religious groups.


Pakistan, The Wto, And Labor Reform, Asna Afzal Dec 2006

Pakistan, The Wto, And Labor Reform, Asna Afzal

Boston College International and Comparative Law Review

This Note examines the economic and legal implications of developing nations’ membership in the World Trade Organization (WTO). Specifically, the article analyzes Pakistan’s labor reforms subsequent to its membership in the WTO. The Note first provides a historical background of Pakistani membership in the WTO. Next, the Note discerns that despite the lack of established WTO labor standards, developing nations face pressure to implement labor reforms incidental to trade liberalization policies. The author argues that the pressures imposed on lesser-developed countries (LDCs) such as Pakistan have, as of yet, spawned only superficial labor reforms. The final section of the ...


The Anxiety Of Sovereignty: Britain, The United States And The International Criminal Court , Douglas E. Edlin Dec 2006

The Anxiety Of Sovereignty: Britain, The United States And The International Criminal Court , Douglas E. Edlin

Boston College International and Comparative Law Review

This Article examines the development of the International Criminal Court, outlines the positions of and disagreements between Britain and the United States concerning the ICC, and analyzes the specific objections to the ICC raised by the United States. In this discussion, the Article argues that the contrasting positions of Britain and the United States toward the ICC can be understood in terms of each nation’s differently configured perception of its own sovereign power. For various reasons, Britain’s sovereignty is tested most acutely by its relationship with the European Union, while the United States feels its sovereignty encroached primarily ...


A Re-Examination Of The United States-Japan Status Of Forces Agreement, Ian Roberts Mcconnel Dec 2006

A Re-Examination Of The United States-Japan Status Of Forces Agreement, Ian Roberts Mcconnel

Boston College International and Comparative Law Review

On August 13, 2004, a United States Marine Corps helicopter crashed on the campus of Okinawa International University. The helicopter crash and the resulting U.S. military investigation served to reinvigorate pent up resentment and anger towards the U.S. military presence in Okinawa, threatening to destabilize the long standing relationship between the two nations. This Note discusses the U.S.-Japan Status of Forces Agreement which, among other things, apportions jurisdictional authority over off-base U.S. military accidents that occur on Okinawa. This Note argues that the U.S.-Japan Status of Forces Agreement (U.S.-Japan SOFA) should ...


The Trafficking Of Persons Into The European Union For Sexual Exploitation: Why It Persists And Suggestions To Compel Implementation And Enforcement Of Legal Remedies In Non-Complying Member States, R Victoria Lindo Dec 2006

The Trafficking Of Persons Into The European Union For Sexual Exploitation: Why It Persists And Suggestions To Compel Implementation And Enforcement Of Legal Remedies In Non-Complying Member States, R Victoria Lindo

Boston College International and Comparative Law Review

Trafficking in persons for the purpose of sexual exploitation is a global scourge that affects all corners of the planet, including the European Union (E.U.). Since 1997, the E.U. has made great strides toward conquering trafficking within its borders, and yet this modern day slave trade continues to flourish. This Note follows the progression of Community legislation targeting trafficking from 1997 through today, and analyzes Member States’ compliance with those laws as well as patterns of concern. Because current legislation focuses primarily on penalization and victim’s protections, this note argues that the E.U. must pass legislation ...


Wrangling In The Shadows: The Use Of United States Special Forces In Covert Military Operations In The War On Terror, Michael Mcandrew Dec 2006

Wrangling In The Shadows: The Use Of United States Special Forces In Covert Military Operations In The War On Terror, Michael Mcandrew

Boston College International and Comparative Law Review

Following the terrorist attacks in the United States on September 11, 2001, the United States Senate granted the use of all necessary and appropriate force to prevent any future acts of international terrorism against the country. As part of this campaign against global terrorism, the United States Department of Defense sought an expanded role for Special Forces soldiers in covert paramilitary operations, a tactical responsibility traditionally within the domain of the CIA. In this Note, the author analyzes the protocol for authorizing covert activity and the ramifications under international law of utilizing formal United States military personnel to conduct such ...


Defining Terrorism: The Evolution Of Terrorism As A Legal Concept In International Law And Its Influence On Definitions In Domestic Legislation, Reuven Young Dec 2006

Defining Terrorism: The Evolution Of Terrorism As A Legal Concept In International Law And Its Influence On Definitions In Domestic Legislation, Reuven Young

Boston College International and Comparative Law Review

This Article examines the evolution of the definition of terrorism at international law and tests the widely held view that international law does not provide a definition of terrorism. It contends that by abstracting from the common elements and themes present in the United Nations General Assembly and Security Council resolutions concerning terrorism, and the multi-lateral anti-terrorism conventions, treaties, and protocols, one can discern a core international law definition of terrorism. The Article then compares this definition to those in the domestic legal systems of the United States, United Kingdom, India, and New Zealand to determine whether (1) international law ...


The Corporate Origins Of Judicial Review, Mary Sarah Bilder Dec 2006

The Corporate Origins Of Judicial Review, Mary Sarah Bilder

Boston College Law School Faculty Papers

This Article argues that the origins of judicial review lie in corporate law. Diverging from standard historical accounts that locate the origins in theories of fundamental law or in the American structure of government, the Article argues that judicial review was the continuation of a longstanding English practice of constraining corporate ordinances by requiring that they be not repugnant to the laws of the nation. This practice of limiting legislation under the standard of repugnancy to the laws of England became applicable to American colonial law. The history of this repugnancy practice explains why the Framers of the Constitution presumed ...


The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette Dec 2006

The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette

Boston College Law School Faculty Papers

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance ...


Bc Law Professor Kanstroom Releases Cd, Boston College Law School Nov 2006

Bc Law Professor Kanstroom Releases Cd, Boston College Law School

Law School Publications

No abstract provided.


Moral Limits On Morals Legislation: Lessons For U.S. Constitutional Law From The Declaration On Religious Freedom, Gregory A. Kalscheur S.J. Nov 2006

Moral Limits On Morals Legislation: Lessons For U.S. Constitutional Law From The Declaration On Religious Freedom, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

A persistent American confusion regarding the proper relationship between law and morality is manifest in the opinions in Lawrence v. Texas. The Second Vatican Council’s Declaration on Religious Freedom provides the foundation for an analytical framework that can bring clarity to that confusion. The heart of this framework is the moral concept of public order. This concept offers a principled explanation of both the holding in Lawrence and the limitations the Court placed on that holding. The Court could clarify the confusion manifest in Lawrence by explicitly acknowledging that a state interest only becomes legitimate for purposes of rational ...


Character And Context: What Virtue Theory Can Teach Us About A Prosecutor's Ethical Duty To "Seek Justice.", R. Michael Cassidy Nov 2006

Character And Context: What Virtue Theory Can Teach Us About A Prosecutor's Ethical Duty To "Seek Justice.", R. Michael Cassidy

Boston College Law School Faculty Papers

A critical issue facing the criminal justice system today is how best to promote ethical behavior by public prosecutors. The legal profession has left much of a prosecutor’s day-to-day activity unregulated, in favor of a general, catch-all admonition to “seek justice.” In this article the author argues that professional norms are truly functional only if those working with a given ethical framework recognize the system’s implicit dependence on character. A code of professional conduct in which this dependence is not recognized is both contentless and corrupting. Building on the ethics of Aristotle and modern philosophers Alasdair MacIntyre and ...


National Moot Court Team Wins Regionals, Boston College Law School Nov 2006

National Moot Court Team Wins Regionals, Boston College Law School

Law School Publications

No abstract provided.


Law, Norms, And The Breakdown Of The Board, Renee M. Jones Nov 2006

Law, Norms, And The Breakdown Of The Board, Renee M. Jones

Boston College Law School Faculty Papers

This Article considers the dominant claim in corporate law literature that extra-legal mechanisms such as markets and social norms provide adequate safeguards against corporate mismanagement and opportunism. After noting recognized deficiencies in the arguments from market discipline, the Article draws on psychological insights to show that certain behavioral phenomena prevent social norms from appropriately constraining corporate conduct. It then argues that because neither markets nor social norms can sufficiently discipline corporate officials, a credible accountability mechanism is necessary to prevent director conduct standards from deteriorating. Unfortunately, an inveterate tradition of judicial deference in corporate law has undermined the role of ...


Mock Trial Finals Held Nov. 14, Boston College Law School Nov 2006

Mock Trial Finals Held Nov. 14, Boston College Law School

Law School Publications

No abstract provided.


Training For Special Populations: How To Tailor Training For Populations With Disabilities And Training For The Technophobic Staff Member Or User, Tim Lindgren, Sarah Castricum Nov 2006

Training For Special Populations: How To Tailor Training For Populations With Disabilities And Training For The Technophobic Staff Member Or User, Tim Lindgren, Sarah Castricum

Law School Publications

Slides from a presentation delivered at the 2006 LLNE Fall Meeting, held at Boston College's Connors Center in Dover, MA on November 3, 2006.


Speaker Biographies From Instruction And Training: Reaching Out With New Technology, Boston College Law Library Nov 2006

Speaker Biographies From Instruction And Training: Reaching Out With New Technology, Boston College Law Library

Law School Publications

Speaker biographies from the 2006 LLNE Fall Meeting, held at Boston College's Connors Center in Dover, MA on November 3, 2006.


Schedule From Instruction And Training: Reaching Out With New Technology, Boston College Law Library Nov 2006

Schedule From Instruction And Training: Reaching Out With New Technology, Boston College Law Library

Law School Publications

Schedule from the 2006 LLNE Fall Meeting, held at Boston College's Connors Center in Dover, MA on November 3, 2006.


On Beyond Training: Following Up On Training Sessions To Keep A Continuous Training And Communication Loop, Beth Clark Nov 2006

On Beyond Training: Following Up On Training Sessions To Keep A Continuous Training And Communication Loop, Beth Clark

Law School Publications

Slides from a presentation delivered at the 2006 LLNE Fall Meeting, held at Boston College's Connors Center in Dover, MA on November 3, 2006.


What Web 2.0 Brings To Communication, Bill Ives Nov 2006

What Web 2.0 Brings To Communication, Bill Ives

Law School Publications

Slides from a presentation delivered at the 2006 LLNE Fall Meeting, held at Boston College's Connors Center in Dover, MA on November 3, 2006.


Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Nov 2006

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

Boston College Law School Faculty Papers

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider ...


George Brown Named Inaugural Holder Of Drinan Chair, Boston College Law School Oct 2006

George Brown Named Inaugural Holder Of Drinan Chair, Boston College Law School

Law School Publications

No abstract provided.


2nd Annual Pro Bono Fair A Success, Boston College Law School Oct 2006

2nd Annual Pro Bono Fair A Success, Boston College Law School

Law School Publications

No abstract provided.


Calabresi Draws Standing Room Only Crowd, Boston College Law School Oct 2006

Calabresi Draws Standing Room Only Crowd, Boston College Law School

Law School Publications

No abstract provided.


Bc Law Magazine Fall/Winter 2006, Boston College Law School Oct 2006

Bc Law Magazine Fall/Winter 2006, Boston College Law School

Boston College Law School Magazine

No abstract provided.


Triage In The Trenches Of The Legal Writing Course: The Theory And Methodology Of Analytical Critique, Daniel Barnett Oct 2006

Triage In The Trenches Of The Legal Writing Course: The Theory And Methodology Of Analytical Critique, Daniel Barnett

Boston College Law School Faculty Papers

Providing feedback to written work is one of the most important and challenging aspects of teaching legal writing. Legal writing professors spend a great deal of time and energy critiquing and grading student work. However, few legal writing professionals begin teaching with any formal training on providing feedback to novice legal writers. Fortunately, giving useful comments on student writing is a skill that can be learned. To begin, teachers must learn to prioritize feedback on the most important analytical problems on draft assignments. Focusing on analytical deficiencies helps students understand that substantive problems must be corrected before writing and stylistic ...


Interpretative Theory And Tax Shelter Regulation, Brian D. Galle Oct 2006

Interpretative Theory And Tax Shelter Regulation, Brian D. Galle

Boston College Law School Faculty Papers

This Article responds to an important recent essay in the Columbia Law Review by Marvin Chirelstein and Larry Zelenak. Chirelstein and Zelenak propose a dramatic change in tactics in the way that the government attempts to combat tax shelters - that is, efforts by corporations and high-earning individuals to avoid tax by clever manipulations of the technical terms of the Tax Code. For the past seventy years or so, the IRS has responded to these manipulations by urging courts to read the tax statutes purposively, rather than literally, and thus to deny favorable tax treatment to business transactions entered into with ...


Family Re-United Four Years After Deportation, Boston College Law School Sep 2006

Family Re-United Four Years After Deportation, Boston College Law School

Law School Publications

No abstract provided.


Kathryn Preyer Bequeaths Collection Of Rare Law Books, Boston College Law School Sep 2006

Kathryn Preyer Bequeaths Collection Of Rare Law Books, Boston College Law School

Law School Publications

No abstract provided.