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Series

2014

Boston College Law School

Jurisprudence

Articles 1 - 6 of 6

Full-Text Articles in Law

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo Dec 2014

What Are Transitions For? Atrocity, International Criminal Justice, And The Political, Paulo D. Barrozo

Boston College Law School Faculty Papers

This essay offers an answer to the question of what societies afflicted by atrocities ought to transition into. The answer offered is able to better direct the evaluation of previous models and the design of new models of transitional justice. Into what, then, should transitional justice transition? I argue in this essay that transitional justice should be a transition into the political, understood in its robust liberalism version. I further argue that the most significant part of transitions ought to happen in the minds of the members of political communities, precisely where the less tangible and yet most important dimension ...


Book Review: Minds, Brains, And The Law: The Conceptual Foundations Of Law And Neuroscience, Karen Breda Dec 2014

Book Review: Minds, Brains, And The Law: The Conceptual Foundations Of Law And Neuroscience, Karen Breda

Boston College Law School Faculty Papers

Review of Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience by Michael S. Pardo and Dennis Patterson, published by Oxford University Press.


Tax, Command...Or Nudge? Evaluating The New Regulation, Brian D. Galle Apr 2014

Tax, Command...Or Nudge? Evaluating The New Regulation, Brian D. Galle

Boston College Law School Faculty Papers

This Article compares for the first time the relative economic efficiency of “nudges” and other forms of behaviorally-inspired regulation against more common policy alternatives, such as taxes, subsidies, or traditional quantity regulation. Environmental economists and some legal commentators have dismissed nudge-type interventions out of hand for their failure to match the revenues and informational benefits taxes can provide. Similarly, writers in the law and economics tradition argue that fines are generally superior to non-pecuniary punishments. Drawing on prior work in the choice-of-instruments literature, and contrary to this popular wisdom, I show that nudges may out-perform fines, other Pigouvian taxes, or ...


Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This The Question?, Zygmunt J.B. Plater Apr 2014

Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This The Question?, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The challenging background context for much of the discussion and cogitation in the panels and pages of this conference is the unfortunate fact that environmental protection law in virtually all its manifestations is currently faring rather poorly in the public policy arenas of national government. From the public health hazards of residual substances in consumer goods and human breast milk to the mighty troubles of human-caused climate disruption, many of the most significant structures of societal governance are locked in political and financial dysfunctions and impasses. Given the conference’s goal to “explore more deeply the relationship between environmental protection ...


Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler Mar 2014

Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler

Boston College Law School Faculty Papers

This piece discusses the tension between internationalization of legal ordering and the growing pressure against local and national ordering. Using Aristotle, Tocqueville, the Reception of Roman Law as forebears of the problem, I discuss three major European Court of Justice decisions (Laval, Viking and Schmidberger) as examples of the displacement of local ordering. I conclude that the task of comparative law is to focus on the importance of local ordering, keeping the human at the center and not vague principles generated by international bodies with no or little local ties.


Corporate Citizenship: Goal Or Fear?, Kent Greenfield Jan 2014

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Boston College Law School Faculty Papers

Discusses the conflicting opinions about corporate "citizenship." Should corporations be insulated from politics or a part of it?