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Articles 1 - 15 of 15

Full-Text Articles in Legal History

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Josiah Quincy Jr.’S Trip To The South: America On The Eve Of Revolution, Daniel Coquillette Sep 2006

Josiah Quincy Jr.’S Trip To The South: America On The Eve Of Revolution, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Josiah Quincy Jr., The First Sjc Law Reports, And The War In Iraq, Daniel Coquillette Aug 2006

Josiah Quincy Jr., The First Sjc Law Reports, And The War In Iraq, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette Jun 2006

Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette May 2006

Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown May 2006

The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown

Boston College Law School Faculty Papers

The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and ...


Meet The Manuscript, Daniel Coquillette Apr 2006

Meet The Manuscript, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Apr 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Lessons Of The American Revolution, Daniel Coquillette Mar 2006

Lessons Of The American Revolution, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail Jan 2006

Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Review of an edited volume on "transnational law" (lex mercatoria). The book comprises essays illustrating the diversity of opinion among enthusiasts of a transnational or anational business law, and an empirical study criticized by the reviewer for its "concrete ideological commitment"


Justice Michael A. Musmanno And Obscenity (1956-1967), Joel Fishman Jan 2006

Justice Michael A. Musmanno And Obscenity (1956-1967), Joel Fishman

Joel Fishman

Justice Michael A. Musmanno was an outspoken, highly critical opponent to obscenity as decided by the United States and Pennsylvania Supreme Courts in the late 1950s and 1960s.


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Jan 2006

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Boston College Law School Faculty Papers

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes.

As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional ...


Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg Jan 2006

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s unanimous decision in Cutter v. Wilkinson (2005) allowed Congress to give religious exercise a status superior to that given to free speech. In upholding RLUIPA, a statute protecting inmate religious freedom, the Court explicitly held that statutes can allow prisoners to “assemble for worship, but not for political rallies.” Religion, which lost in Smith (1990) the traditional “preferred position” courts have accorded First Amendment rights, can now regain that position through legislation notwithstanding the Establishment Clause. Indeed, religion has not just regained parity with free speech, it now receives greater protection in the prison setting. This ...


Reporter To The Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette Dec 2005

Reporter To The Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.