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Articles 1 - 20 of 20

Full-Text Articles in Law

Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom Oct 1992

Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom

Boston College Law School Faculty Papers

No abstract provided.


The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth Sep 1992

The International Trade Regime And The Municipal Law Of Federal States: How Close A Fit?, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault Jun 1992

Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault

Boston College Law School Faculty Papers

In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications ...


U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein May 1992

U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

No abstract provided.


Beyond Vienna And Montreal: A Global Framework Convention On Greenhouse Gases, David A. Wirth, Daniel A. Lashof Apr 1992

Beyond Vienna And Montreal: A Global Framework Convention On Greenhouse Gases, David A. Wirth, Daniel A. Lashof

Boston College Law School Faculty Papers

No abstract provided.


That They May Thrive' Goal Of Child Custody: Reflections On The Apparent Erosion Of The Tender Years Presumption And The Emergence Of The Primary Caretaker Presumption, Sanford N. Katz Apr 1992

That They May Thrive' Goal Of Child Custody: Reflections On The Apparent Erosion Of The Tender Years Presumption And The Emergence Of The Primary Caretaker Presumption, Sanford N. Katz

Boston College Law School Faculty Papers

No abstract provided.


Federal Common Law And The Role Of The Federal Courts In Private Law Adjudication - A (New) Erie Problem?, George D. Brown Apr 1992

Federal Common Law And The Role Of The Federal Courts In Private Law Adjudication - A (New) Erie Problem?, George D. Brown

Boston College Law School Faculty Papers

No abstract provided.


Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay Apr 1992

Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay

Boston College Law School Faculty Papers

This Article explores the professional responsibilities of progressive lawyers representing the poor and disadvantaged. The author argues that lawyers representing the poor are generally good, energetic lawyers committed to social justice and lessening the pain of poverty. Subsequently, the defects found in poverty lawyering are structural, institutional, political, economic, and ethical. Therefore, the author posits that the mission of teachers and practitioners should be to develop practice patterns and proposals that account for the street-level experiences of legal services lawyers on the front lines. By examining the notions of rebellious and regnant lawyering, the author seeks to illuminate how these ...


A Tragic View Of Poverty Law Practice, Paul R. Tremblay Apr 1992

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron Mar 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron

Boston College Law School Faculty Papers

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state ...


A Wake-Up Call For American Society Or Have "The Chickens Just Come Home To Roost?": Essay Review Of Charles Patrick Ewing's When Children Kill: The Dynamics Of Juvenile Homicide, Ruth-Arlene W. Howe Jan 1992

A Wake-Up Call For American Society Or Have "The Chickens Just Come Home To Roost?": Essay Review Of Charles Patrick Ewing's When Children Kill: The Dynamics Of Juvenile Homicide, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

No abstract provided.


Clarence Thomas: The Invisible Man, Catharine P. Wells Jan 1992

Clarence Thomas: The Invisible Man, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

Rarely do people stay glued to their televisions in order to watch events they do not enjoy. But such was unquestionably the case with the Senate hearings on Clarence Thomas' nomination to the Supreme Court. There was widespread agreement on only one thing: Something had gone terribly wrong with the process. Right or left, feminist or not, pro-life or pro-choice, however one stood on the question of confirmation, the hearings defied simple analysis. Racism and sexism provided a troubling backdrop as the hearings reminded us how little we understand one another. Neither Thomas nor Hill were easily ...


The Shrinking Back: The Law Of Biography, Mary Sarah Bilder Jan 1992

The Shrinking Back: The Law Of Biography, Mary Sarah Bilder

Boston College Law School Faculty Papers

The Article argues that quotations of copyrighted material used as "fact" should be protected. The Article explores the relation between the legal law of biography and the literary theory of biography, focusing specifically on the use of unpublished materials in written biographies. The Article surveys the assumptions underlying copyright, fair use, and privacy doctrines. The Article critiques fair use solutions suggested by legal commentary and congressional action and sketches a different analysis, not involving fair use. The "fact use" proposal would shift the burden from proving "fair use" to proving that the quotations were not used as "facts."


A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth Jan 1992

A Matchmaker's Challenge: Marrying International Law And American Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Developments In The Law, "Nonprofit Corporations" (Iii. Tax Exemption), Renee M. Jones Jan 1992

Developments In The Law, "Nonprofit Corporations" (Iii. Tax Exemption), Renee M. Jones

Boston College Law School Faculty Papers

No abstract provided.


Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine P. Wells Jan 1992

Improving One's Situation: Some Pragmatic Reflections On The Art Of Judging, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

As legal theorists, we live in an age of self-conscious repetition: everything is "neo" and nothing is new. There are neo-realists, neo-formalists, neo-conservatives, and neo-pragmatists to name just a few. And what is not "neo" is "post" as in post-structuralist, post-colonial, and even postcritical. Indeed, the newest theories sound pointedly antitheoretical as deconstructionists, feminists, and critical legal scholars argue in various ways that conventional theory making is but one more mechanism for oppressing the powerless. In all this theory consciousness, it is difficult to have simple thoughts and it is especially difficult to think simply about judging ...


The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth Jan 1992

The North American Free Trade Agreement And U.S. Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Advice For The Beginning Legal Scholar, Alfred C. Yen Jan 1992

Advice For The Beginning Legal Scholar, Alfred C. Yen

Boston College Law School Faculty Papers

No abstract provided.


Thinking The Unthinkable: What Should Commercial Banks Or Their Holding Companies Be Allowed To Own?, Cynthia C. Lichtenstein Jan 1992

Thinking The Unthinkable: What Should Commercial Banks Or Their Holding Companies Be Allowed To Own?, Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

No abstract provided.


The Interdisciplinary Future Of Copyright Theory, Alfred C. Yen Jan 1992

The Interdisciplinary Future Of Copyright Theory, Alfred C. Yen

Boston College Law School Faculty Papers

No abstract provided.