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Full-Text Articles in Legal History

A Guide To The Early Reports Of The Supreme Court Of The United States, Sharon O'Connor, Morris Cohen Dec 1994

A Guide To The Early Reports Of The Supreme Court Of The United States, Sharon O'Connor, Morris Cohen

Sharon Hamby O'Connor

A portion of this book originally appeared as "A Bibliography of the Early Reports of the Supreme Court of the United States." Legal Reference Services Quarterly 1, no. 2/3 (Summer-Fall 1981): 43-144.


Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom Jan 1993

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Boston College Law School Faculty Papers

A court can invalidate or rectify certain kinds of offensive official action on the grounds of judicial integrity. In the past, it has served as a check on overzealous law enforcement agents whose actions so seriously impaired due process principles that they shocked the bench’s conscience. The principle not only preserves the judiciary as a symbol of lawfulness and justice, but it also insulates the courts from becoming aligned with illegal actors and their bad acts. The 1992 case of U.S. v. Alvarez-Machain, however, may have signaled a departure from past practices. This article reviews current Supreme Court ...


The Revolutionary Idea Of University Legal Education, Paul D. Carrington Apr 1990

The Revolutionary Idea Of University Legal Education, Paul D. Carrington

William & Mary Law Review

No abstract provided.


Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater Jan 1990

Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The first law of ecology holds that everything is connected to everything else. This conference addresses the challenges and dilemmas of resource management policy on America’s public lands, but it seems useful both for the purposes of the conference and in broader terms to note how resource management is connected to larger questions of global integrity and human governance. This essay explores a troubling fact of modern political life: As the problems of managing the economy and ecology of this nation become ever more complex, subtly-interrelated, pressured and demanding, our processes of legal and political governance might be expected ...


Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater Jan 1989

Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law ...


Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel Feb 1987

Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel

Boston College Law School Faculty Papers

In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint ...


Of Activism And Erie: The Implication Doctrine’S Implications For The Nature And Role Of The Federal Courts, George D. Brown Mar 1984

Of Activism And Erie: The Implication Doctrine’S Implications For The Nature And Role Of The Federal Courts, George D. Brown

Boston College Law School Faculty Papers

It is clear that Erie is a major precedential foundation for Justices Powell and Rehnquist in their attempt to force a reconsideration of the role of the federal judiciary. In this article, the author finds that a new Erie doctrine has emerged, and it’s a potent counterforce to judicial activism in the nonconstitutional domain. The doctrine can be seen at work most clearly in Justice Powell’s largely successful attack on the practice of implying rights of action from federal statutes. The new Erie doctrine’s implications, however, extend much further. Apart from its practical ramifications, the vision of ...


The Path Of Legal Education From Edward I To Langdell: A History Of Insular Reaction, Ralph Michael Stein Jan 1981

The Path Of Legal Education From Edward I To Langdell: A History Of Insular Reaction, Ralph Michael Stein

Pace Law Faculty Publications

This article presents an analytic overview of key aspects in the history of legal education in England and the United States from the time of Edward I to the end of the last century. The response of lawyers and legal educators to the perceived need to protect the profession from a variety of ills and plagues is explored. The development of a sense of professionalism by those engaged in the teaching of law, a sense of professionalism that was reactive to public perception about lawyers as well as to academic dismay at the roles played by lawyers, will be explored ...


The Legal Profession: A Look Into The Future, William B. Spong Jr. Jan 1979

The Legal Profession: A Look Into The Future, William B. Spong Jr.

Popular Media

No abstract provided.


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 ...