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2000

Boston College Law School

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Articles 1 - 30 of 118

Full-Text Articles in Law

Rebecca Young Awarded Soros Fellowship, Boston College Law School Dec 2000

Rebecca Young Awarded Soros Fellowship, Boston College Law School

Law School Publications

No abstract provided.


Robert Berry Featured In Corporate Counsel, Boston College Law School Dec 2000

Robert Berry Featured In Corporate Counsel, Boston College Law School

Law School Publications

No abstract provided.


The Need For Centralized Securities Regulations In The European Union, Karen M. Smith Dec 2000

The Need For Centralized Securities Regulations In The European Union, Karen M. Smith

Boston College International and Comparative Law Review

Developing a system of securities regulation in the European Union has been a difficult task. Currently, markets are regulated at the national level and are guided by certain minimum standards established by EU Directives. The Investment Services Directive, enacted in 1996, was heralded as the final piece of legislation required to complete a unified market for securities. This Note discusses the ISD's failure to result in a fully integrated market and concludes that EU markets need supervision by a centralized regulatory body to allow them to become fully integrated.


Commencement Information, Boston College Law School Dec 2000

Commencement Information, Boston College Law School

Law School Publications

No abstract provided.


The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera Dec 2000

The European Healthcard: The Time To Legislate Is Now, Rosemary E. Libera

Boston College International and Comparative Law Review

The European Union for years has considered introducing a healthcard that citizens of all Member States could carry to help facilitate the provision of health care throughout the EU. Such a card would ensure that care providers in all Member States could access the medical information of those patients who do not reside in the country where care is being provided. In the wake of the EU's failure to introduce such a card, many Member States have developed their own incompatible healthcard technologies. The EU must implement a universal healthcard in the near future in order to prevent the ...


Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman Dec 2000

Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman

Boston College International and Comparative Law Review

This Note analyses the probable effectiveness of the European Union Data Protection Directive, which was passed in order to curtail the invasion of personal privacy that has accompanied the development of the Internet, in light of three potentially expansive exemptions contained within the Directive. The author concludes that the goals of the Directive will be achieved only if Member States interpret these exemptions restrictively when enacting legislation pursuant to the Directive.


Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel Dec 2000

Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel

Boston College International and Comparative Law Review

The European Union and the United States are in the midst of the Great Banana War, a trade dispute over EU banana tariffs. The World Trade Organization authorized sanctions against the EU, effective until the EU modifies its banana tariff system to comply with WTO rules. Meanwhile, the EU's fonner colonies, the ACP nations, are caught in the precarious position of losing the EU's preferential treatment concerning the banana tariffs. This Note highlights the issues surrounding this conflict and advocates on behalf of the EU's latest re-configuration of its tariff system.


In Memory Of Sanford Jaccob Fox Dec 2000

In Memory Of Sanford Jaccob Fox

Boston College International and Comparative Law Review

No abstract provided.


The European Commission’S Directive On Electronic Signatures: Technological “Favoritism” Towards Digital Signatures, Andrew Barofsky Dec 2000

The European Commission’S Directive On Electronic Signatures: Technological “Favoritism” Towards Digital Signatures, Andrew Barofsky

Boston College International and Comparative Law Review

The increasing use of e-commerce generally is considered a positive trend that should be fostered. Yet, many lawmakers believe that laws requiring signatures to authenticate certain transactions represent obstacles to e-commerce and threaten to keep it from reaching its full potential. In the European Union, several Member States have drafted or enacted "electronic signature" laws to define the legal validity of electronic signatures. However, many of these laws are taking diverging approaches, thus creating an inconsistent framework for electronic signatures. In response, the European Commission recently adopted a directive to provide a common framework for electronic signatures. In its present ...


Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li Dec 2000

Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li

Boston College International and Comparative Law Review

The European Commission consists of twenty appointed members including a Commission President, and serves primarily as a policy initiator and administrator for the European Union. Allegations of corruption had long surrounded the Commission and, through a series of events, an independent panel of experts was charged with the duty of investigating specific allegations of corruption. On March 16, 1999, the independent panel issued a scathing report of a "sad catalog of negligence and mismanagement" by the Commissioners. This report not only identified individual instances of mismanagement, cronyism, nepotism, and fraud but also excoriated the Commission for lacking "even the slightest ...


The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi Dec 2000

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi

Boston College International and Comparative Law Review

This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity ...


The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford Dec 2000

The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford

Boston College International and Comparative Law Review

This Article examines the historical evolution of the Western European Union (WEU) within the context of its relationship to NATO and to the European Union (EU) in order to explain Europe's failure to devise and implement collective security measures during the dissolution of Yugoslavia. This Article concludes that, under the limitations of its present legal and political framework, the WEU is not a realistic alternative to NATO in the "post-post-Cold War era" and that continued failure to craft a European defense identity and to meld it to effective European security institutions will prevent the EU from generating cohesive force ...


The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler Dec 2000

The Employment Relation And Its Ordering At Century's End: Reflections On Emerging Trends In The United States, Thomas C. Kohler

Boston College Law Review

The enormous success of the United States economy in producing new jobs has focused world-wide attention on the flexibility of the American labor market, and on the malleability of the legal order that regulates it. Despite our reputation for sparse public regulation of the employment relationship, however; the past decade has been a period of unprecedented judicial and legislative activity. The United States now has more formal employment regulation than ever before. The following piece places these developments in the context of a decline in the practice of private law-making, and identifies four movements that have emerged and which characterize ...


Disabled Without Benefits: The Impacts Of Recent Social Security Reform On Disabled Children, Amber R. Anderson Dec 2000

Disabled Without Benefits: The Impacts Of Recent Social Security Reform On Disabled Children, Amber R. Anderson

Boston College Law Review

In 1996, Congress passed sweeping reforms aimed at overhauling the welfare system. The Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA") included a new definition of childhood disability that, it is estimated, excluded 100,000 children from SSI benefits. This Note explains the changes implemented within the childhood disability system and explains the reasoning behind those changes. It then argues that the regulations promulgated in response to PRWORA exclude truly disabled children from receiving disability benefits. These regulations violate the Social Security Act, are inconsistent with the stated policies of the Social Security Administration and draw arbitrary distinctions, violating the ...


Can A Reasonable Doubt Have An Unreasonable Price? Limitations On Attorneys' Fee In Criminal Cases, Gabriel J. Chin, Scott C. Wells Dec 2000

Can A Reasonable Doubt Have An Unreasonable Price? Limitations On Attorneys' Fee In Criminal Cases, Gabriel J. Chin, Scott C. Wells

Boston College Law Review

The disciplinary rules of every state prohibit attorneys from charging "unreasonable" fees. These provisions, however; are virtually never enforced; virtually all instances where the rules are invoked involve independent forms of dishonesty or misconduct. The only two cases in which attorneys have been disciplined solely based on the size of the fee involved "blue-chip" civil attorneys who represented working-class defendants in criminal matters. In both cases, the rationale for discipline was questionable; the clients were completely exonerated of criminal charges and the fees would have been unexceptional in elite civil practice. These disciplinary prosecutions were particularly doubtful because the Sixth ...


Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase Dec 2000

Privacy Takes A Back Seat: Putting The Automobile Exception Back On Track After Several Wrong Turns, Carol A. Chase

Boston College Law Review

The automobile exception to the search warrant requirement originated in 1924, when obtaining a search warrant was a lengthy and involved process. Today, federally and in a growing number of states, search warrants can be obtained by telephone or facsimile in a matter of minutes. Yet the automobile exception, originally based upon the exigency presented by the mobility of the automobile, remains intact and was recently extended to permit the warrantless search of property belonging to passengers in automobiles. This article critically examines the development of the automobile exception and calls for a reform of that exception in light of ...


Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt Dec 2000

Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt

Boston College Law Review

This Note analyzes the nonlegislative rule exception to the rulemaking requirements of the administrative Procedure Act ("APA'). To lend greater accountability to federal agencies, the APA places an obligation on agencies to incorporate public input when creating new rules. Agencies, however; can avoid considering public commentary through a vague exception: section 553(b)(A) of the APA. After analyzing section 553(b)(A), this. Note evaluates how one agency, the Food and Drug Administration, has responded to the confusion surrounding the exception. Finally, this Note considers how the Senate has overlooked problems associated with section 553(b)(A) in the ...


Bcls Hosts Symposium Honoring Jane Jacobs, Boston College Law School Nov 2000

Bcls Hosts Symposium Honoring Jane Jacobs, Boston College Law School

Law School Publications

No abstract provided.


Professor Kanstroom Named Chair Of Law Task Force, Boston College Law School Nov 2000

Professor Kanstroom Named Chair Of Law Task Force, Boston College Law School

Law School Publications

No abstract provided.


Bcls Faculty Participate In Annual Homans Program, Boston College Law School Nov 2000

Bcls Faculty Participate In Annual Homans Program, Boston College Law School

Law School Publications

No abstract provided.


Why Pragmatism Works For Me, Catharine P. Wells Nov 2000

Why Pragmatism Works For Me, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism’s lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...


School's First Endowed Chair, Boston College Law School Oct 2000

School's First Endowed Chair, Boston College Law School

Law School Publications

No abstract provided.


Soifer Presents Joshua A. Guberman Lecture, Boston College Law School Oct 2000

Soifer Presents Joshua A. Guberman Lecture, Boston College Law School

Law School Publications

No abstract provided.


Chief Justice Marshall To Speak At Commencement, Boston College Law School Oct 2000

Chief Justice Marshall To Speak At Commencement, Boston College Law School

Law School Publications

No abstract provided.


Wirth To Co-Chair Upcoming Conference, Boston College Law School Oct 2000

Wirth To Co-Chair Upcoming Conference, Boston College Law School

Law School Publications

No abstract provided.


Boston College Law School Magazine Fall 2000, Boston College Law School Oct 2000

Boston College Law School Magazine Fall 2000, Boston College Law School

Boston College Law School Magazine

No abstract provided.


Father Fred Enman Recieves Bc Alumni Award, Boston College Law School Sep 2000

Father Fred Enman Recieves Bc Alumni Award, Boston College Law School

Law School Publications

No abstract provided.


Ault Honored At Tax Symposium, Boston College Law School Sep 2000

Ault Honored At Tax Symposium, Boston College Law School

Law School Publications

No abstract provided.


Gionfriddo New President Of Lwi, Boston College Law School Sep 2000

Gionfriddo New President Of Lwi, Boston College Law School

Law School Publications

No abstract provided.


High-Stakes Tests And Students With Disabilities, Christopher M. Morrison Sep 2000

High-Stakes Tests And Students With Disabilities, Christopher M. Morrison

Boston College Law Review

Federal statutes require states to establish high educational standards and to create and administer standards-based assessments for all students, including those with disabilities. Although states can include most students with disabilities in these tests by providing them with accommodations, including 'students for whom these adaptations are insufficient to allow for meaningful participation in the tests has been more difficult. When designing and administering these tests, policy-makers must guard against unfairly denying educational opportunities to any student in an effort to set higher standards for the general population. Alternate assessments must be based on the individualized goals and objectives of each ...