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Full-Text Articles in Law

Repealing The Statute Of Wizarding Secrecy In Legal Education, Mark Burge Jul 2020

Repealing The Statute Of Wizarding Secrecy In Legal Education, Mark Burge

Faculty Scholarship

In the fictional Harry Potter universe, J.K. Rowling has fashioned a parallel world based on our own, but with the fundamental difference of a separate magical society grafted onto it. In Rowling’s fictional version, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and was brought about by centuries-long hostility toward wizards by the non-magical majority. But what if secrecy is precisely the wrong approach? What if widespread wizard-Muggle collaboration were precisely the thing needed to address the enormous and pressing problems of the ...


Mindsets In Legal Education, Victor D. Quintanilla, Sam Erman Jan 2020

Mindsets In Legal Education, Victor D. Quintanilla, Sam Erman

Articles by Maurer Faculty

If you teach 1Ls, you may share the following concern. At the start of each year, we meet enthusiastic and successful students who are passionate about law. They arrive on campus invested in learning, ready to work hard, and eager to participate in class. But trouble brews soon thereafter. Students worry whether they have what it takes to do well, whether they will fit in, and whether they belong in law school. Answering questions in class, many sense (rightly or wrongly) that their professors and peers think that they aren’t smart and that they will not do well. When ...


The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson Nov 2019

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

--

You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your ...


Rebooting Empathy For The Digital Generation Lawyer, Lauren A. Newell Jan 2019

Rebooting Empathy For The Digital Generation Lawyer, Lauren A. Newell

Law Faculty Scholarship

There is a growing preference in today’s technology-saturated society for online interaction via email, text messages, social networks, and instant messaging, rather than real-world interaction through face-to-face or telephonic conversations. For today’s young people—the Digital Generation—this is more than a mere preference; it is a way of life. Research indicates that the movement toward virtual communication comes with negative consequences, such as poor real-world communication skills and underdeveloped social skills. Most significantly, research suggests that the Digital Generation are less empathic than elder generations are. Some researchers speculate that the rising prominence of information and communication ...


Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit Jan 2017

Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit

Articles

This essay examines some of the institutional costs of achieving a more diverse law student body. In recent decades, there has been growing support for diversity initiatives in education, and the legal academy is no exception. Yet for most law schools, diversity remains an elusive goal, some of which is the result of problems with anticipating the needs of diverse students and being able to deliver. These are some of the unseen or hidden costs associated with achieving greater diversity. Both law schools and the legal profession remain relatively stratified by race, which is an ongoing legacy of legal education ...


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii Jun 2015

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

School of Law Faculty Publications

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and ...


The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook Jul 2014

The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook

School of Information Sciences Faculty Research Publications

This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The ...


Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson Jan 2014

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii Apr 2013

Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii

School of Law Faculty Publications

Article explores how civil society might become sufficiently organized to hold business accountable beyond consumer choice, and government beyond merely voting.


What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts Jan 2011

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

Faculty Scholarship at Penn Carey Law

No abstract provided.


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman Jan 2010

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Conversation In Aid Of A “Conspiracy” For Truth: A Candid Discussion About Jesuit Law Schools, Justice, And Engaging The Catholic Intellectual Tradition, Gregory A. Kalscheur S.J. Jun 2008

Conversation In Aid Of A “Conspiracy” For Truth: A Candid Discussion About Jesuit Law Schools, Justice, And Engaging The Catholic Intellectual Tradition, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

This essay responds to the critique of Jesuit legal education developed by John Breen in two recent articles. I endorse Breen’s call for a candid discussion of how Jesuit Catholic law schools might go about embodying a characteristic that should be at the heart of their mission: a commitment to engaging the Catholic intellectual tradition in the intellectual life of the law school. Law schools that wish to be taken seriously as Jesuit law schools must in fact be places where engagement with the Catholic intellectual tradition is part of the air that gives life to the academic mission ...


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Apr 2007

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Boston College Law School Faculty Papers

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns ...


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 ...


The Role Of International Arbitrators, Susan Franck Apr 2006

The Role Of International Arbitrators, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'


"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay Jan 2006

"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay

Boston College Law School Faculty Papers

This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available ...


Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham Dec 2005

Heights Of Justice (Introduction And Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

In this pioneering book, Boston College Law School’s Academic Dean, Lawrence Cunningham, arranges selected contributions of his faculty’s scholarship into a meditation upon justice. The book weaves a combination of theory and practice to articulate moral and ethical values that facilitate rational application of law. It envisions legal arrangements imbued with commitments of the Jesuit tradition, including the dignity of persons, the common good and compassion for the poor. This reflective collection of inquiry evokes a signature motif of the BC Law faculty in dozens of different legal subjects. Materials downloadable from this abstract consist of: Table of ...


Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham Sep 2005

Law And Accounting: Cases And Materials (Front Matter), Lawrence A. Cunningham

Boston College Law School Faculty Papers

Accounting textbooks for law or business schools invariably provide secondary narrative presentations of materials in the authors’ own words. A better approach to learning this subject is to present thematically arranged original accounting pronouncements. In so designing this innovative book, readers appreciate how accounting is a tool that provides conceptual organization to economic exchange. The tool facilitates analyzing legal, business and public policy aspects of the transactions that accounting addresses. The original accounting standards, as well as SEC enforcement actions, presented in this book illuminate why transactions are pursued and related decisions made, economic aspects of transactions, and the conceptual ...


Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng Apr 2005

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Boston College Law School Faculty Papers

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client’s culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client’s culture. It therefore suggests that multicultural lawyering training should ...


In The Beginning Was The Law… An Intellectual Odyssey, Patrick Mcauslan Mar 2004

In The Beginning Was The Law… An Intellectual Odyssey, Patrick Mcauslan

The Practice of Law and Development: Socio-Legal Approaches

Is there such a distinctive phenomenon in practice as "law and development?" Isn’t all law directed towards some kind of development in the sense that new law – judicial decisions, legislation, administrative directives – change the existing law and so is a development from that existing law and in changing the existing law, change, in howsoever slight a degree, the economy and society of which the law is a part. Law and Development did not start in the 1960s when American legal scholars discovered the developing world nor did it end in the 1970s when, starved of funds to pursue their ...


An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgram Fillings., Mary Ann Chirba, Carolyn M. Welshhans Jan 2004

An Uncertain Risk And An Uncertain Future: Assessing The Legal Implications Of Mercury Amalgram Fillings., Mary Ann Chirba, Carolyn M. Welshhans

Boston College Law School Faculty Papers

Trying to buy a mercury thermometer at the local pharmacy these days will result in a deluge of information regarding the risks of mercury and the proper disposal protocol for mercury thermometers as hazardous waste. Yet, inquiring about the risks of placing mercury in one’s mouth, in the form of a dental filling, is likely to meet with resounding assurances of safety from the dental profession. While such comforting disclaimers are meant to ease patient concerns, many continue to worry about the safety of dental mercury. This article will begin by describing the many safety concerns that surround the ...


Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater Jan 2002

Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political overview ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown Feb 2000

Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown

Boston College Law School Faculty Papers

A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing ...


Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe Jan 2000

Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

After enactment of the first modern state adoption statute in 1851, adoption in the United States evolved as both a state judicial process and a specialized child welfare service to promote the best interest of children in need of permanent homes. This essay reviews developments during the last quarter of the century that force us to ask whether U.S. adoption is meeting the needs of children, its original child welfare intent, or serving the interests of adults.


Emerging Models For Alternatives To Marriage, Sanford N. Katz Jan 2000

Emerging Models For Alternatives To Marriage, Sanford N. Katz

Boston College Law School Faculty Papers

Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to ...


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 ...


Copyright Opinions And Aesthetic Theory, Alfred C. Yen Jan 1998

Copyright Opinions And Aesthetic Theory, Alfred C. Yen

Boston College Law School Faculty Papers

In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, courts implicitly assume a sharp divide between aesthetic reasoning and legal reasoning. Additionally, because aesthetic choices by judges could potentially be deemed government censorship, the two are further considered incompatible. The author argues, however, that this distinction is illusory in that a truly open-minded copyright jurisprudence requires explicit awareness of aesthetics. This argument is supported firstly by a description of four major movements from aesthetic ...


The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti Jan 1997

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Boston College Law School Faculty Papers

The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage ...


Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J. Jan 1996

Law School As A Culture Of Conversation: Re-Imagining Legal Education As A Process Of Conversion To The Demands Of Authentic Conversation, Gregory A. Kalscheur S.J.

Boston College Law School Faculty Papers

Conventional wisdom holds that the principal task of a law school is to teach law students to "think like lawyers." However, law school can be experienced as a form of narrow training that diminishes something central to the human person: the fundamental drive to question and to follow those questions wherever they lead. This Article will explore the ways in which the thought of two scholars, Bernard Lonergan and James Boyd White, can usefully inform our understanding of this crisis of meaning and value within the context of a conception of law as a social and cultural activity. First, this ...