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1987

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Articles 1 - 30 of 101

Full-Text Articles in Legal History

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette Nov 1987

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette Oct 1987

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander Oct 1987

The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander

Cornell Law Faculty Publications

Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of ...


The Evolution Of Law: Continued, Alan Watson Oct 1987

The Evolution Of Law: Continued, Alan Watson

Scholarly Works

In my book The Evolution of Law I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrations and for them and for other readers who, whether convinced of the thesis or not, would like further evidence, I want here to bring forward a few extra significant examples.


Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells Jul 1987

Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells

Scholarly Works

Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states ...


Liberalism And Theories Of Adjudication, Thomas D. Barton Jul 1987

Liberalism And Theories Of Adjudication, Thomas D. Barton

Boston College Law Review

No abstract provided.


Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch May 1987

Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch

BYU Law Review

No abstract provided.


Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman May 1987

Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman

University of Miami Law Review

No abstract provided.


The Alledger, Volume 07, Number 12, The Alledger Apr 1987

The Alledger, Volume 07, Number 12, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes articles sharing third year law students' reflections on their law school experiences.


The Alledger, Volume 07, Number 11, The Alledger Apr 1987

The Alledger, Volume 07, Number 11, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes articles addressing the dominance of masculinity in the popular lexicon and the selection of U.S. Senator Warren B. Rudman as the 1986 commencement speaker.


Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick Apr 1987

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.


The Alledger, Volume 07, Number 10[A], The Alledger Apr 1987

The Alledger, Volume 07, Number 10[A], The Alledger

The Alledger

Student newspaper of Boston College Law School. This April Fool's issue includes a satirical article addressing the Alledger's candidacy for the Pulitzer Excellence in Journalism award.


Spring 1987 Apr 1987

Spring 1987

Bill of Particulars

No abstract provided.


Affordable Housing For The 1990'S, Harold A. Mcdougall Apr 1987

Affordable Housing For The 1990'S, Harold A. Mcdougall

University of Michigan Journal of Law Reform

This Article examines the history of national housing policy and the factors that will influence its future. Part I discusses the role of capital costs in influencing housing policy. Part II summarizes the changes that have occurred in housing policy in the last fifty years. Part III studies how local- and state-level institutions have reacted to these changes. Finally, Part IV predicts the future of national housing policy, focusing particularly on local efforts.


Algernon Sidney On Public Right, Edward Dumbauld Apr 1987

Algernon Sidney On Public Right, Edward Dumbauld

University of Arkansas at Little Rock Law Review

No abstract provided.


The Literature Of Medieval European Law In A Nutshell, Timothy Kearley Mar 1987

The Literature Of Medieval European Law In A Nutshell, Timothy Kearley

Timothy G. Kearley

This is an ill-advised attempt to extract humor from medieval legal literature.


The Alledger, Volume 07, Number 10, The Alledger Mar 1987

The Alledger, Volume 07, Number 10, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes articles addressing a talk given by former Dean and Professor Robert Drinan, S.J. and a talk given by former congressman Parren Mitchell about the future of the Civil Rights Movement in the United States.


Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette Mar 1987

Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette Mar 1987

Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette Feb 1987

Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette Feb 1987

Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The Alledger, Volume 07, Number 09, The Alledger Feb 1987

The Alledger, Volume 07, Number 09, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes a feature on Sharon Hamby, the Law Library director, and an article addressing the advancement of the Boston College Law School Mock Trial team to the National competition.


The Alledger, Volume 07, Number 08, The Alledger Feb 1987

The Alledger, Volume 07, Number 08, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes an article addressing a talk given by MIT Professor Mel King about the state of civil rights in the 1980's.


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 ...


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

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

Mark Spiegel

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 ...


The Alledger, Volume 07, Number 07, The Alledger Jan 1987

The Alledger, Volume 07, Number 07, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes articles addressing the Boston College Law School National Moot Court team's victory at the Northeast Regional competition and the creation of a Financial Aid Committee by the Law Students Association.


The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp Jan 1987

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing ...


Equity And Equitable Remedies, William Hamilton Bryson Jan 1987

Equity And Equitable Remedies, William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on Equity and Equitable Remedies in the Encyclopedia of the American judicial system : studies of the principal institutions and process of law.


The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele Jan 1987

The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele

Faculty Articles and Other Publications

If law as an activity emerged naively and unpremeditated, as a direction of attention pursued without premonition of what it would lead to, then by now it has hollowed out a character for itself, as Oakeshott says, and has become specified in a "practice." Having acquired this firmness of character, as Oakeshott further says, law may present itself as a puzzle, thus provoking reflection. Thinking about law in this manner or mood is something that I wish to call "philosophy of law," and this is itself an honorable activity with a character and mannerisms of its own.2 In law ...


Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.