Law Commons^™

Educational Justice And The Recognition Of Marriage, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

This article describes a fundamental dimension, ignored in the literature, of the ethical basis of the fiduciary relationship. It considers and rejects an account of the fiduciary relationship based on contract. It develops, instead, a virtue-based approach to the fiduciary relationship founded upon the goods of faithfulness, beneficence, clarity of thought, and dedication to the truth.

This article proposes that the relationship between teacher and student is fiduciary. It develops the thesis that a primary or secondary school teacher has especially high duties to the student: obligations, resembling those of a guardian, a trustee, an executor, and an attorney, of ...

Early Scholarship Offers And The Ncaa, Alfred C. Yen

Boston College Law School Faculty Papers

Over the last few years, many NCAA Division 1 universities have begun offering athletic scholarships to progressively younger student-athletes. To its credit, the NCAA has begun considering rules that would prohibit the practice until a recruit’s junior year. This Article studies the problem of early recruiting and concludes that the NCAA’s proposed legislation will probably do little to change existing practice. While publicly-known informal scholarship offers may become scarce, clandestine understandings will probably rise, quite probably in ways that increase pressure on recruits while giving them even less certainty about the decisions they make. This will happen because ...