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Series

2001

Boston College Law School

Articles 1 - 27 of 27

Full-Text Articles in Law

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


John Levy - Friend, Mentor And Inspiration, Ingrid Michelsen Hillinger Oct 2001

John Levy - Friend, Mentor And Inspiration, Ingrid Michelsen Hillinger

Boston College Law School Faculty Papers

No abstract provided.


Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia Oct 2001

Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Why You Should Use A Course Web Page, E. Joan Blum Oct 2001

Why You Should Use A Course Web Page, E. Joan Blum

Boston College Law School Faculty Papers

No abstract provided.


Billable Hours And Ordinary Time: A Theological Critique Of The Instrumentalization Of Time In Professional Life, M. Cathleen Kaveny Oct 2001

Billable Hours And Ordinary Time: A Theological Critique Of The Instrumentalization Of Time In Professional Life, M. Cathleen Kaveny

Boston College Law School Faculty Papers

No abstract provided.


Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor Oct 2001

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor

Boston College Law School Faculty Papers

No abstract provided.


Stuck In The Bargain Basement, Joan Shear Oct 2001

Stuck In The Bargain Basement, Joan Shear

Boston College Law School Faculty Papers

No abstract provided.


"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon Oct 2001

"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

No abstract provided.


2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger Jul 2001

2001: A Code Odyssey (New Dawn For The Article 9 Secured Creditor), Ingrid Michelsen Hillinger, Michael G. Hillinger

Boston College Law School Faculty Papers

No abstract provided.


A Personal Injury Law Perspective On Copyright In An Internet Age, Alfred C. Yen Apr 2001

A Personal Injury Law Perspective On Copyright In An Internet Age, Alfred C. Yen

Boston College Law School Faculty Papers

No abstract provided.


Review Of The Law Of Peoples, Frank J. Garcia Apr 2001

Review Of The Law Of Peoples, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Review Of Administrative And Expert Monitoring Of International Treaties, Edited By Paul C. Szasz, David A. Wirth Apr 2001

Review Of Administrative And Expert Monitoring Of International Treaties, Edited By Paul C. Szasz, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Are You Pr Impaired? How Would You Know?, Joan Shear Feb 2001

Are You Pr Impaired? How Would You Know?, Joan Shear

Boston College Law School Faculty Papers

No abstract provided.


The Importance Of International Cooperation In Forging Tax Policy, Hugh J. Ault Jan 2001

The Importance Of International Cooperation In Forging Tax Policy, Hugh J. Ault

Boston College Law School Faculty Papers

No abstract provided.


The Place Of Workers In Corporate Law, Kent Greenfield Jan 2001

The Place Of Workers In Corporate Law, Kent Greenfield

Boston College Law School Faculty Papers

This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article ...


Gradgrind’S Education: Using Dickens And Aristotle To Understand (And Replace?) The Business Judgment Rule, Kent Greenfield, John E. Nilsson Jan 2001

Gradgrind’S Education: Using Dickens And Aristotle To Understand (And Replace?) The Business Judgment Rule, Kent Greenfield, John E. Nilsson

Boston College Law School Faculty Papers

This article uses literature and philosophy to help explain and critique existing corporate law doctrine. Starting from Charles Dickens's Hard Times, the article provides a new explanation for one of the great puzzles of existing corporate law doctrine, the coexistence of the strict duty of management to maximize profits and the "business judgment rule," the practice of courts to review management decisions with great deference. The article argues that the business judgment rule is a necessary corrective to the irrationality of the underlying duty to maximize profits. The article makes this argument by analogizing corporate law to Dickens's ...


It All Begins With You: Improving Law School Learning Through Professional Self-Awareness And Critical Reflection, Filippa M. Anzalone Jan 2001

It All Begins With You: Improving Law School Learning Through Professional Self-Awareness And Critical Reflection, Filippa M. Anzalone

Boston College Law School Faculty Papers

From the author's introduction: This paper grows out of my reflections on my own introduction to learning theory. In it, I hope to accomplish two things. First, I present a modest proposal for becoming a better teacher. My thesis is simple: by knowing more about ourselves and our own learning processes, preferences, and inclinations, we will become better teachers. We will discover why we have elected to teach as we do, and we will also uncover when we have been on automatic pilot, blithely accepting the role of law professor, as conceived by our institutions, our students' expectations, and ...


Introduction, Daniel Kanstroom Jan 2001

Introduction, Daniel Kanstroom

Boston College Law School Faculty Papers

No abstract provided.


The President's Column, Jane Kent Gionfriddo Jan 2001

The President's Column, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

No abstract provided.


A Preliminary Economic Analysis Of Napster: Internet Technology, Copyright Liability, And The Possibility Of Coasean Bargaining, Alfred C. Yen Jan 2001

A Preliminary Economic Analysis Of Napster: Internet Technology, Copyright Liability, And The Possibility Of Coasean Bargaining, Alfred C. Yen

Boston College Law School Faculty Papers

This Article offers a preliminary economic analysis of whether it is desirable to hold Napster, Inc. liable for copyright infringement committed by Napster users. The Article does so because the recording industry's recent lawsuit against Napster, Inc. offers a prominent example of the claim that the efficient production and distribution of copyrightable subject matter require broad injunctive relief against providers of certain Internet technology. If this argument is accepted, profound consequences for the Internet's development may follow because copyright liability against Napster will give the recording industry significant control over Napster and - by application of precedent - other similar ...


Prospects For A Multilateral Tax Treaty, Diane M. Ring Jan 2001

Prospects For A Multilateral Tax Treaty, Diane M. Ring

Boston College Law School Faculty Papers

No abstract provided.


Building A Just Trade Order For A New Millennium, Frank J. Garcia Jan 2001

Building A Just Trade Order For A New Millennium, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


President's Opening Remarks On The Status Of Legal Writing, Jane Kent Gionfriddo Jan 2001

President's Opening Remarks On The Status Of Legal Writing, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

"President's Opening Remarks on the Status of Legal Writing." LWI 2000 Conference, Thursday July 20, 2000. Legal Writing: The Journal of the Legal Writing Institute 7 (2001): [vii]-ix.


The Law And Economics Of Remedies For Predatory Lending, Patricia A. Mccoy, Kathleen C. Engel Jan 2001

The Law And Economics Of Remedies For Predatory Lending, Patricia A. Mccoy, Kathleen C. Engel

Boston College Law School Faculty Papers

No abstract provided.


Musings On The Seeming Inevitability Of Global Convergence In Banking Law, Patricia A. Mccoy Jan 2001

Musings On The Seeming Inevitability Of Global Convergence In Banking Law, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.


A Pragmatic Approach To Improving Tort Law, Catharine P. Wells Jan 2001

A Pragmatic Approach To Improving Tort Law, Catharine P. Wells

Boston College Law School Faculty Papers

No abstract provided.


Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny Jan 2001

Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny

Boston College Law School Faculty Papers

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in ...