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Articles 361 - 371 of 371

Full-Text Articles in Law

Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater Jan 1982

Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Legal history is usually written from one of two time perspectives: as a narrative of events and changing conditions over a span of years or as an extended exploration of one fertile moment in time. In examining the intriguing entity known as the Tennessee Valley Authority (TVA), this article draws upon that chronological history to some extent. To a greater extent, however, it focuses upon revealing moments in the last six years of the long-running battles over completion of the TVA’s Tellico dam, which finally flooded the last remaining stretch of the Little Tennessee River Valley in the spring ...


Freedom And Choice In Constitutional Law, John H. Garvey Jun 1981

Freedom And Choice In Constitutional Law, John H. Garvey

Boston College Law School Faculty Papers

The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind – freedoms, which protect the right to make choices – pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the laissez-faire ...


Computerizing Client Services In The Law School Teaching Clinic: An Experiment In Law Office Automation (With James A. Sprowl), Ronald W. Staudt Mar 1981

Computerizing Client Services In The Law School Teaching Clinic: An Experiment In Law Office Automation (With James A. Sprowl), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews Feb 1981

Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel Nov 1979

Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel

Boston College Law School Faculty Papers

In this Article, Professor Spiegel examines the doctrine of informed consent as it relates to the legal profession. The Article first traces the development of the informed-consent doctrine and then considers the extent to which current legal doctrines and professional norms incorporate informed consent between lawyers and their clients. Professor Spiegel suggests that the predominant focus of informed consent is on a lawyer’s power to bind his client vis-à-vis third parties and advocates for the development of an informed-consent doctrine that accounts for the interests of all parties involved. Professor Spiegel concludes with a discussion of the application of ...


Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles H. Baron Jan 1979

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles H. Baron

Boston College Law School Faculty Papers

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are ...


Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles H. Baron Jan 1978

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles H. Baron

Boston College Law School Faculty Papers

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court ...


Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater Jan 1976

Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they ...


The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon Jan 1975

The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon

Boston College Law School Faculty Papers

This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and economic background of legal rules and their consequences through clinical legal education, which attempts to provide a real or ...


De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman Mar 1972

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

Faculty Scholarship at Penn Law

No abstract provided.


Review Of Society And The Law, By F. James Davis, Henry H. Foster, E. Eugene Davis And C. Ray Jeffery, Sanford N. Katz Jan 1963

Review Of Society And The Law, By F. James Davis, Henry H. Foster, E. Eugene Davis And C. Ray Jeffery, Sanford N. Katz

Boston College Law School Faculty Papers

No abstract provided.