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Articles 1 - 16 of 16

Full-Text Articles in Law

Council Of Chapter Presidents, Filippa M. Anzalone Oct 1994

Council Of Chapter Presidents, Filippa M. Anzalone

Boston College Law School Faculty Papers

No abstract provided.


Report Of The Chapter Council President, Filippa M. Anzalone Oct 1994

Report Of The Chapter Council President, Filippa M. Anzalone

Boston College Law School Faculty Papers

No abstract provided.


Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers Sep 1994

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

Boston College Law School Faculty Papers

No abstract provided.


Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin Jul 1994

Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin

Boston College Law School Faculty Papers

No abstract provided.


The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth Jun 1994

The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth

Boston College Law School Faculty Papers

The central theme of this article is the necessity for deference to decision-making processes of national regulatory authorities in the application of these new trade disciplines and the need for trade-based reviews of national regulatory measures to operate within clearly defined limits. Accordingly, this article first examines and summarizes the relevant texts, including the original 1947 GATT, the Uruguay Round, and the NAFTA texts on standards. Next, the article considers the role of science in the standard-setting process with reference to the copious literature on this topic. Finally, the article takes up the difficult question of the application of the ...


Professionalism: The Deep Theory, Daniel R. Coquillette Jun 1994

Professionalism: The Deep Theory, Daniel R. Coquillette

Boston College Law School Faculty Papers

Can our personal ethics and our professional ethics be in opposition? Our professional identity as lawyers is at the center of our personal morality. The legal profession is in crisis because we have lost sight of the deep theory of professionalism. This article focuses on our ultimate motivation for obeying rules, concentrating on three common categories: goal-based, rights-based, and duty-based theories. By examining these theories, the article argues that lawyers must turn away from the modern trend of goal instrumentalism and refocus legal practice on its humanistic roots.


Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette Jun 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Boston College Law School Faculty Papers

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.


Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task?, Cynthia C. Lichtenstein May 1994

Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task?, Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

No abstract provided.


Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth May 1994

Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Facing The Accuser: Ancient And Medieval Precursors Of The Confrontation Clause, Frank R. Herrmann, Brownlow M. Speer Apr 1994

Facing The Accuser: Ancient And Medieval Precursors Of The Confrontation Clause, Frank R. Herrmann, Brownlow M. Speer

Boston College Law School Faculty Papers

No abstract provided.


Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe Apr 1994

Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

Also appears in Massachusetts Family Law Journal 11 (September 1993): 37-40.


Holmes On Legal Method: The Predictive Theory Of Law As An Instance Of Scientific Method, Catharine P. Wells Jan 1994

Holmes On Legal Method: The Predictive Theory Of Law As An Instance Of Scientific Method, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

When it comes to legal method, Holmes is well known for two claims: first, that lawyers and legal scholars should employ an empirical rather than a deductive method and second, that the task of lawyers is to predict the actions of judges. These claims raise a number of questions. Three questions, in particular, seem to recur among thoughtful readers: (1) Why does Holmes, leader of the revolt against formalism, place so much emphasis on the role of logical analysis in law? (2) If legal method is empirical, what is law "empirical" about? What are the facts or ...


Behind The Article 8 Ball, James S. Rogers Jan 1994

Behind The Article 8 Ball, James S. Rogers

Boston College Law School Faculty Papers

No abstract provided.


Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon Jan 1994

Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

Boston College Law School Faculty Papers

This Article seeks to analyze and understand Paramount Communications, Inc. v. QVC Network, Inc. and Cede & Co. v. Technicolor, Inc. as part of a movement in Delaware fiduciary law toward a single, more unified standard, away from doctrinal fragmentation. In addition, the Article considers Delaware law leading up to QVC and Technicolor, tracing both the growing fragmentation of Delaware law in the 1980s and the growing judicial concern about fragmentation. This Article will argue that the concern over fragmentation and the desire for a unified standard were not the result of external pressures or policy concerns, but of internal judicial ...


From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater Jan 1994

From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Looking back on the past twenty-five years, during which environmental law has developed such astonishing breadth, depth, and volume, the author suggests that it is possible to sketch a compound proposition about how environmental law evolved, the primacy of citizen litigation in its development, and what it all may signify. By exploring two paradigm shifts within the field, the author offers suggestions for why environmental law has been so energetic, broad-ranging, and often confrontational, and where environmental law may be going.


The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth Jan 1994

The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.