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Full-Text Articles in Law

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 ...


Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg Sep 2000

Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg

Pace Law Faculty Publications

The first section of this article presents a brief history and description of a professionalism movement that continues to urge law schools to do more to solve the “professionalism problem.” The second discusses legal education's failure to bring professionalism into the law school curriculum. The third describes the structure and teaching method of The Practice—a different kind of course about professionalism—while the fourth discusses the professionalism content of the course. I conclude with a plea for law faculty to direct their considerable talents toward collecting stories and data about the profession and creating material to facilitate law ...


Get Your Library Ready For Distance Education, Ann Long Apr 2000

Get Your Library Ready For Distance Education, Ann Long

Ann Walsh Long

No abstract provided.


The Relationship Between Yale's Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew Feb 2000

The Relationship Between Yale's Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Student Legal History Papers

This paper describes the Yale Law School in the late 1800s. For most of the period, the school's faculty struggled to gain the attention of an unresponsive university administration. At the same time, the faculty pushed for interdisciplinary study that would tie the Law School to the university's other academic departments.


Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown Feb 2000

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

Boston College Law School Faculty Papers

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing ...


Decanal And Administrative Opportunities In The New Millennium, Nathaniel C. Nichols Jan 2000

Decanal And Administrative Opportunities In The New Millennium, Nathaniel C. Nichols

Nathaniel C. Nichols

No abstract provided.


Foreword, Nathaniel C. Nichols Jan 2000

Foreword, Nathaniel C. Nichols

Nathaniel C. Nichols

No abstract provided.


Dedication To Dean Donald L. Burnett, Cedric M. Powell, Enid Trucios-Haynes, Serena M. Williams Jan 2000

Dedication To Dean Donald L. Burnett, Cedric M. Powell, Enid Trucios-Haynes, Serena M. Williams

Serena M Williams

No abstract provided.


Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly Jan 2000

Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly

Con Law Center Articles and Publications

Thinking about the interaction between the Constitution and education reveals that they are deeply interconnected, at profound levels of interdependence and complexity. Those connections are often strikingly visible, but are sometimes quite subtle.

A fundamental interdependence was formed with the decision to formulate our governmental structure as a democratic republic. The Constitution created the necessity for adequate public education to prepare the citizenry to exercise the role of self-government. An educated voting public underpins a successful democratic structure, as was explicitly recognized in Brown v. Board of Education, in which the Court acknowledged:

the importance of education to our democratic ...


Emerging Models For Alternatives To Marriage, Sanford N. Katz Jan 2000

Emerging Models For Alternatives To Marriage, Sanford N. Katz

Boston College Law School Faculty Papers

Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to ...


Tenure And Its Discontents: The Worst Form Of Employment Relationship Save All Of The Others, James J. Fishman Jan 2000

Tenure And Its Discontents: The Worst Form Of Employment Relationship Save All Of The Others, James J. Fishman

Pace Law Faculty Publications

This article attempts to defend academic tenure and offer some recommendations to make it more effective. There is nothing unique in this effort. What might be new to the discussion is the belief that the catalyst to making tenure more flexible and effective lies not with the professorate relinquishing some of its rights, but with university administrators creating an environment of expectations and incentives for tenured faculty, developing the fortitude and procedures to make tenure work as it should, and encouraging faculty to exercise the responsibilities that accompany their status.


Memorial: Nicholas Triffin (1942-2000), Marie Stefanini Newman Jan 2000

Memorial: Nicholas Triffin (1942-2000), Marie Stefanini Newman

Pace Law Faculty Publications

Professor Nicholas Triffin, Director of the Pace University School of Law Library from 1984 until 1998, died on April 8, 2000, after a long and valiant battle against amyotrophic lateral sclerosis (Lou Gehrig's disease). During the eight years Nick fought this cruel disease, his body became increasingly frail, but his will to survive, his dedication to his students, and his love of the study of the law were undiminished. Nick continued to fulfill his personal and professional obligations with grace and dignity, and taught his last class just a few days before his death. It never occurred to him ...


The Robert L. Levine Distinguished Lecture Series, Lecture, Race Relations Law In The Canon Of Legal Academica, Randall Kennedy Jan 2000

The Robert L. Levine Distinguished Lecture Series, Lecture, Race Relations Law In The Canon Of Legal Academica, Randall Kennedy

Fordham Law Review

No abstract provided.


Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe Jan 2000

Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

After enactment of the first modern state adoption statute in 1851, adoption in the United States evolved as both a state judicial process and a specialized child welfare service to promote the best interest of children in need of permanent homes. This essay reviews developments during the last quarter of the century that force us to ask whether U.S. adoption is meeting the needs of children, its original child welfare intent, or serving the interests of adults.


Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa Jan 2000

Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.


Foreword: The Many Passions Of Teaching Corporations, Charles R.T. O'Kelley Jan 2000

Foreword: The Many Passions Of Teaching Corporations, Charles R.T. O'Kelley

Scholarly Works

This Symposium belies such skeptical views of the Corporations course and those of us who teach it. The 1999 Teaching Corporate Law Conference was organized around teachers' self-identified passions in teaching Corporations--the themes, insights, skills or puzzles about which they are most intrigued or enthused. Thirty-seven professors made presentations at the Conference; twenty-eight have converted their presentations into the essays in this Symposium edition, which have been grouped substantively rather than in the exact order presented at the Conference.


Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor Jan 2000

Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor

Fordham Law Review

No abstract provided.


Keycite Research Guide, Filippa Anzalone Dec 1999

Keycite Research Guide, Filippa Anzalone

Filippa Marullo Anzalone

No abstract provided.


The Perils Of Race And Gender In A World Of Legal Abstraction, Catharine P. Wells Dec 1999

The Perils Of Race And Gender In A World Of Legal Abstraction, Catharine P. Wells

Catharine P. Wells

No abstract provided.


Controle Judicial Das Medidas Provisórias, Ivo T. Gico Dec 1999

Controle Judicial Das Medidas Provisórias, Ivo T. Gico

Ivo Teixeira Gico Jr.

Neste artigo, o autor analisa os pressupostos constitucionais do controle abstrato de medidas provisórias quanto aos seus requisitos de necessidade, utilidade e conveniência de sua edição, confrontando a execução de políticas públicas com as prerrogativas do Estado de Direito.

In this article, the author examines the Provisional Executive Acts abstract constitutional control assumptions in their necessity, utility and convenience editing requirements, confronting the execution of public policies with the State of Law prerogatives.


Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly Dec 1999

Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly

Elizabeth Reilly

Thinking about the interaction between the Constitution and education reveals that they are deeply interconnected, at profound levels of interdependence and complexity. Those connections are often strikingly visible, but are sometimes quite subtle.

A fundamental interdependence was formed with the decision to formulate our governmental structure as a democratic republic. The Constitution created the necessity for adequate public education to prepare the citizenry to exercise the role of self-government. An educated voting public underpins a successful democratic structure, as was explicitly recognized in Brown v. Board of Education, in which the Court acknowledged:

the importance of education to our democratic ...