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Full-Text Articles in Jurisprudence

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Making State Law In Federal Court, Benjamin C. Glassman Aug 2005

Making State Law In Federal Court, Benjamin C. Glassman

ExpressO

Abstract: We know from Erie R.R. Co. v. Tompkins that unless the Constitution or a federal statute provides the rule of decision in federal court, state law does. Contrary to the assumption of several recent commentators, however, Erie itself does not tell the federal court how to ascertain what is the law of the state, and the refrain that federal courts are to predict what the state supreme court would decide not only proves unhelpful upon examination, but also has tended to confuse the courts themselves in recent years. Yet federal courts routinely face questions of state law that ...


Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill Aug 2005

Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill

Working Paper Series

This article examines the ethical dimensions of the controversy over no-citation rules and current publication practices. In the literature concerning that controversy, ethical concerns are often mentioned, but usually in tandem with other concerns. Professor Caudill isolates and categorizes the different types of ethical dilemmas, and demonstrates that at different levels of the controversy, the ethical concerns are different. He identifies three levels--the controversy over no-citation rules, the broader controversy over publication practices, and the even broader controversy over privatization of law (the so-called disappearing trial, ADR, and the end of law as we know it).


Book Review: Forensic Linguistics, Dru Stevenson Mar 2005

Book Review: Forensic Linguistics, Dru Stevenson

ExpressO

Review of John Gibbons' text "Forensic Linguistics"


A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui Mar 2005

A Brief Look At Broward County Lawyers’ And Judges’ Attitudes Toward Plea Bargaining As A Tool Of Courtroom Efficiency, Mohammad A. Faruqui

ExpressO

Even the most rigidly ideological prosecutors acknowledge that they need to plea out most of the less serious criminal charges to ensure justice without incurring an unmanageable backlog of cases. But what do most criminal lawyers and judges think about the plea arrangment system? Is it fair to defendants? Do lawyers use plea bargains to better serve their clients by finding the best deal, or do they use plea bargains to cut their case load for what some call "garbage cases?" This paper surveys a small sample to see how 21st century Broward County criminal lawyers feel about the plea ...


Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex ...


Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark Jan 2005

Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark

Seattle University Law Review

It has been more than eighteen years since the Washington Supreme Court handed down its landmark decision in Hangman Ridge Training Stables v. Safeco Title Insurance Company. This was the final decision in a string of cases in which the court attempted to resolve problems arising from the application and interpretation of the right to a private cause of action under Washington's Consumer Protection Act ("CPA"). This Article explores the application of the public interest requirement since the decision in Hangman Ridge and considers whether the tests devised by the Hangman Ridge court to determine public interest are still ...


American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley Jan 2005

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

The John Marshall Law Review

No abstract provided.


Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel Jan 2005

Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel

The John Marshall Law Review

No abstract provided.


"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy Jan 2005

"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy

The John Marshall Law Review

No abstract provided.


Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi Jan 2005

Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi

The John Marshall Law Review

No abstract provided.


In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi Jan 2005

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

The John Marshall Law Review

No abstract provided.


Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan Jan 2005

Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan

The John Marshall Law Review

No abstract provided.


Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii Jan 2005

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

The John Marshall Law Review

No abstract provided.


An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy Jan 2005

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

The John Marshall Law Review

No abstract provided.


Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale Jan 2005

Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale

The John Marshall Law Review

No abstract provided.


Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera Jan 2005

Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera

The John Marshall Law Review

No abstract provided.


Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh Jan 2005

Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh

The John Marshall Law Review

No abstract provided.


Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler Jan 2005

Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler

The John Marshall Law Review

No abstract provided.