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Articles 1 - 6 of 6

Full-Text Articles in Legal History

New Principles For Company Law, Kent Greenfield Jul 2007

New Principles For Company Law, Kent Greenfield

Boston College Law School Faculty Papers

No abstract provided.


Why We Have Judicial Review, Mary Sarah Bilder Apr 2007

Why We Have Judicial Review, Mary Sarah Bilder

Boston College Law School Faculty Papers

This paper accompanies Mary Sarah Bilder, The Corporate Origins of Judicial Review , 116 Yale L.J. 502 (2006), in which the author argues that the origins of judicial review lie not in the expansion of judicial power but rather in the prior practice of commitment to limited legislative authority.


Recent Additions To The Collection - Spring 2007: A Guide To The Exhibit, Karen S. Beck Apr 2007

Recent Additions To The Collection - Spring 2007: A Guide To The Exhibit, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2007 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library.


Pedagogy Of The Suppressed: A Class On Race And The Death Penalty, Phyllis Goldfarb Mar 2007

Pedagogy Of The Suppressed: A Class On Race And The Death Penalty, Phyllis Goldfarb

Boston College Law School Faculty Papers

What does it mean to contextualize legal doctrine and how does contextualization matter? This essay explores a general pedagogy of contextualization within the particular context of a class on race and the death penalty. Teaching the Supreme Court's infamous 1987 opinion in the case of McCleskey v. Kemp within its historical, doctrinal, cultural, and human contexts--rather than as a self-explanatory pronouncement--provides a deeper understanding of America's death penalty system, its connection to America's racial caste system, and the Supreme Court's role in each. These multiple contexts provide a foundation for comprehension and critique of values served ...


The Rise Of An Academic Doctorate In Law: Origins Through World War Ii, Gail J. Hupper Mar 2007

The Rise Of An Academic Doctorate In Law: Origins Through World War Ii, Gail J. Hupper

Boston College Law School Faculty Papers

The rise of the academic doctorate in law (a degree most U.S. scholars have either ignored or deprecated) is an important chapter in the story of law’s coming of age as an academic discipline in the first half of the 20th century. Drawing in part on continental European models, the architects of the degree shaped it into a vehicle for training a new class of law teachers, producing research into the nature and functioning of the legal system, and spreading emerging conceptions of law to a broader national audience. Notable among these conceptions were the “sociological jurisprudence” of ...


Employing The Ninth Amendment To Supplement Substantive Due Process: Recognizing The History Of The Ninth Amendment And The Existense Of Nonfundamental Unenumerated Rights, Joseph F. Kadlec Mar 2007

Employing The Ninth Amendment To Supplement Substantive Due Process: Recognizing The History Of The Ninth Amendment And The Existense Of Nonfundamental Unenumerated Rights, Joseph F. Kadlec

Boston College Law Review

Asserted liberty rights not enumerated in the U.S. Constitution are generally considered under the substantive due process doctrine. Courts look only at narrowly defined interests and their history and traditions, and recognize only fundamental rights. This approach, however, fails to acknowledge the existence of nonfundamental rights that deserve recognition and a level of protection from improper legislation. As a supplement to its incomplete substantive clue process jurisprudence, the Supreme Court should examine the Ninth Amendment's history and traditions. Looking to this history and tradition will provide better guideposts for what types of rights should be protected. Employing the ...