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Series

1999

Boston College Law School

Articles 1 - 27 of 27

Full-Text Articles in Law

Audiotaped Critiques Of Written Work, Elisabeth A. Keller Nov 1999

Audiotaped Critiques Of Written Work, Elisabeth A. Keller

Boston College Law School Faculty Papers

No abstract provided.


Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum Nov 1999

Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum

Boston College Law School Faculty Papers

No abstract provided.


Prologue, Sanford N. Katz Oct 1999

Prologue, Sanford N. Katz

Boston College Law School Faculty Papers

No abstract provided.


Notable Notes: A Collection Of Law Student Notebooks, Karen S. Beck, Ann Mcdonald Sep 1999

Notable Notes: A Collection Of Law Student Notebooks, Karen S. Beck, Ann Mcdonald

Rare Book Room Exhibition Programs

Exhibition program from a Fall 1999 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibition featured notebooks produced by American and British law students in the 18th, 19th, and 20th centuries.


The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Sep 1999

The Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

This article discusses the controversy regarding neutral procedural rules. It focuses on the claim that the 1983 version of Rule 11 had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. By looking at this claim about the impact of Rule 11 on civil rights cases, we can evaluate whether the 1983 version of Rule 11 violated the norm of procedural neutrality, and also understand the different ways that the concept of procedural neutrality is used. This exploration will help us understand the larger debate regarding the neutrality of procedural rules and to make connections ...


Review: A Philosophy Of International Law, Frank J. Garcia Jul 1999

Review: A Philosophy Of International Law, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein Apr 1999

Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

No abstract provided.


The New Casuistry, Paul R. Tremblay Apr 1999

The New Casuistry, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


Legitimacy And Authority In Internet Coordination, Joseph P. Liu Apr 1999

Legitimacy And Authority In Internet Coordination, Joseph P. Liu

Boston College Law School Faculty Papers

No abstract provided.


Your Public Relations Inner Child, Joan Shear Mar 1999

Your Public Relations Inner Child, Joan Shear

Boston College Law School Faculty Papers

No abstract provided.


Safeguarding The Heritage, Daniel R. Coquillette Mar 1999

Safeguarding The Heritage, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


On Target Pr, Joan Shear Jan 1999

On Target Pr, Joan Shear

Boston College Law School Faculty Papers

No abstract provided.


Fiduciary Relationships Are Not Contracts, Scott T. Fitzgibbon Jan 1999

Fiduciary Relationships Are Not Contracts, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

This Article, which explores the nature of fiduciary relationships, demonstrates that these relationships arise and function in ways that are alien to contractualist thought. While the relationships may, like marriage relationships, be part of the same genus, they are indeed members of a different species. Fiduciary relationships differ both in doctrinal structure and ethical basis. However, some contractualist writing denies one or the other of these two propostitions. This Article, therefore, aims to establish that both are in fact true. The author presents that fiduciary relationships have value and serve purposes that are largely unknown to contractualists. Furthermore, these relationships ...


The Lost Lawyers: Early American Legal Literates And Transatlantic Legal Culture, Mary Sarah Bilder Jan 1999

The Lost Lawyers: Early American Legal Literates And Transatlantic Legal Culture, Mary Sarah Bilder

Boston College Law School Faculty Papers

From the author's introduction: Paul C. Kurtz wrote well, spoke and argued eloquently, wore a nice suit, and carried a briefcase. As an observer notes, "He looked 100 percent like a lawyer and conducted himself as a lawyer." Being an actual practitioner of the law, however, does not make one a lawyer in modern America. Lawyer status is conferred only upon those who satisfy formal definitions based on professional education and bar admission. Not surprisingly, on July 7, 1998, Mr. Kurtz was arrested for passing himself off as a lawyer. Three hundred years earlier, an English lord similarly refused ...


The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia Jan 1999

The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia Jan 1999

The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Ingrid Michelsen Hillinger, Michael G. Hillinger Jan 1999

Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Ingrid Michelsen Hillinger, Michael G. Hillinger

Boston College Law School Faculty Papers

No abstract provided.


Speaking In Tongues: Some Comments On Multilingualism, Catharine P. Wells Jan 1999

Speaking In Tongues: Some Comments On Multilingualism, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

The topic is language, and I would like to begin my comments on this morning's papers by pulling together some of the threads of yesterday's discussion. Two themes in particular seem relevant.

The first, is the power of language not only to communicate, but also to exclude. Yesterday morning, we held a panel discussion in which the participants spoke about their first experiences with enforced bilingualism. Olga Moya, for example, spoke movingly of her first day in school when she and several of her classmates were punished for lapsing into Spanish in a moment of ...


Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater Jan 1999

Environmental Law And Three Economies: Navigating A Sprawling Field Of Study, Practice, And Societal Governance In Which Everything Is Connected To Everything Else, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

From the Author’s Introduction: This Essay addresses four of the challenges facing academics in this field, two of which are logistical and two conceptual. The two logistical challenges briefly addressed here are endemic in teaching environmental law—choosing what to teach and deciding how to teach it. Today some rough generalizations on strategies for curricular coping can be made, emerging from the evolution of environmental law courses at many American law schools over the past twenty-five years. The conceptual challenges may be even more difficult to tackle, and are addressed here at a greater length: first, how to frame ...


Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Jan 1999

Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

In this article the author discusses the impact of the 1983 amendments of the Federal Rules of Civil Procedure to Rule 11. The Article explores the claim that the 1983 amendments had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. In Section I, the author argues that one of the central meanings of procedural neutrality is closely related to the argument that procedural rules should be apolitical. In Section II, the author examines what the studies of Rule 11 reveal about the effect of the 1983 version upon civil rights claims. The author then ...


Entrepreneurs And The Estate Tax, James R. Repetti Jan 1999

Entrepreneurs And The Estate Tax, James R. Repetti

Boston College Law School Faculty Papers

This article analyzes the claims of a recent commentary by Douglas Holtz-Eakin, The Death Tax: Investments, Employment and Entrepreneurs, in 84 Tax Notes 782 (Aug. 2, 1999) that the estate tax discourages entrepreneurs from investing their resources in their entrepreneurial activities. The article concludes that the effects of the estate tax on entrepreneurs investing their resources are minimal for two reasons. First, the effective federal estate tax rates applicable to the yield from an investment when the entrepreneur is under age 60 are quite small (0.3% for investors under age 60, 0.1% for investors under age 50). The ...


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth Jan 1999

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Review, International Banking By Michael P. Malloy, Patricia A. Mccoy Jan 1999

Review, International Banking By Michael P. Malloy, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.


Teaching And Research In International Environmental Law, David A. Wirth Jan 1999

Teaching And Research In International Environmental Law, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton Jan 1999

The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton

Boston College Law School Faculty Papers

Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. In particular, there has been notable progress toward the ...


Cloning And Positive Liberty, M. Cathleen Kaveny Jan 1999

Cloning And Positive Liberty, M. Cathleen Kaveny

Boston College Law School Faculty Papers

No abstract provided.


The Ethics Backlash And The Independent Counsel Statute, George D. Brown Jan 1999

The Ethics Backlash And The Independent Counsel Statute, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor George D. Brown explores the role of the Office of Independent Counsel and the current ethics backlash surrounding its reauthorization. He examines the historical development of the institution through the accounts of two previous "special prosecutors,” Archibald Cox and Lawrence Walsh. Professor Brown also explores the arguments of critics who call for the institution's abolition and counters with his own call for change and renewal. As an alternative to renewal, he suggests a short-term extension, a "cooling off' period to permit Congress to take a detached look at the independent counsel.

Professor Brown observes that ...