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2006

Boston College Law School Faculty Papers

Law and Society

Legal Profession

Articles 1 - 3 of 3

Full-Text Articles in Law

The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown May 2006

The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown

Boston College Law School Faculty Papers

The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and ...


Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J. May 2006

Ignatian Spirituality And The Life Of The Lawyer: Finding God In All Things – Even In The Ordinary Practice Of The Law, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

All of us know lawyers who seem unhappy, unfree, directionless, and dis-integrated, who seem to be following paths they haven’t consciously chosen, leading them to places they would never have chosen to go, seemingly locked in lives they haven’t freely chosen to live. Some would characterize this reality as a manifestation of a spiritual crisis, a crisis of meaning and value in the law, rooted in the difficulty lawyers have integrating the practice of the law into the whole of their lives. This article argues that the spirituality flowing from the life of Ignatius of Loyola, the founder ...


"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay Jan 2006

"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay

Boston College Law School Faculty Papers

This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available ...