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Full-Text Articles in Legal History

Recent Additions To The Collection - Fall 2009: An Illustrated Guide To The Exhibit, Karen S. Beck Sep 2009

Recent Additions To The Collection - Fall 2009: An Illustrated Guide To The Exhibit, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2009 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. Many of the books in the exhibit are described as "works likely to have been owned and used by working English and American lawyers who lived during the fifteenth through nineteenth centuries."


Absent From The Convention: Libraries, Law And Political Philosophy: John Adams And Thomas Jefferson, Mary Sarah Bilder Jun 2009

Absent From The Convention: Libraries, Law And Political Philosophy: John Adams And Thomas Jefferson, Mary Sarah Bilder

Boston College Law School Lectures and Presentations

Presentation by Professor Mary Sarah Bilder, as commentator, at the conference "John Adams & Thomas Jefferson: Libraries, Leadership & Legacy," held in Boston and Charlottesville, June 21-17, 2009.


A Law Student Collects: Simon Greenlear And Michael Morales: Spring 2009, Karen S. Beck, Michael Morales Apr 2009

A Law Student Collects: Simon Greenlear And Michael Morales: Spring 2009, Karen S. Beck, Michael Morales

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2009 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured books, manuscripts, and ephemera related to the early American legal educator Simon Greenleaf.


The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila Jr Mar 2009

The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila Jr

Boston College Law Review

Originalist analyses of the Framers' views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The ...


Nussbaum: A Utilitarian Critique, Mark S. Stein Mar 2009

Nussbaum: A Utilitarian Critique, Mark S. Stein

Boston College Law Review

This Essay offers a utilitarian perspective on Martha Nussbaum's theory of justice. Nussbaum believes that society should guarantee to every individual a threshold level of central human capabilities. Although Nussbaum's approach has considerable appeal, it is implausible and unappealing when it diverges greatly from utilitarianism. Nussbaum's theory sequires that enormous sums of money be devoted to people who receive very little benefit from efforts to raise them toward a capability threshold. Moreover, Nussbaum refitses to take a principled position on how conflicts among below-threshold interests should be resolved, even when one alternative would produce enormously more good ...