Law Commons^™

Teaching Case Synthesis In Living Color, E. Joan Blum

Boston College Law School Faculty Papers

No abstract provided.

Using Fruit To Teach Analogy, Jane Kent Gionfriddo

Boston College Law School Faculty Papers

No abstract provided.

The Prevalence Of Pulmonary And Upper Respiratory Tract Symptoms And Spirometric Test Findings Among Newspaper Pressroom Workers Exposed To Solvents, Dean M. Hashimoto, Burton W. Lee, Karl T. Kelsey, Barbara Yakes, Teresa Seitz, David Christiani

Boston College Law School Faculty Papers

To investigate the relationship between exposure to organic solvents and the presence of pulmonary and upper respiratory tract mucous membrane symptoms, we conducted a cross-sectional study of 215 newspaper pressroom workers who were occupationally exposed to organic solvent and lubricant mixtures. Thirty-four compositors, who were not occupationally exposed to the solvents or lubricants, served as controls. Pressroom workers and compositors underwent spirometric testing and were also asked about the presence of cough, phlegm, hemoptysis, dyspnea, wheezing, chest tightness, nose or throat irritation, eye irritation, and sinus trouble. The spirometric results did not significantly differ between the two groups. However, the ...

The Origin Of The Appeal In America, Mary Sarah Bilder

Boston College Law School Faculty Papers

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture. Professor Bilder's Article draws on recent work in cultural history ...

Foreword: Making Us Possible, Alfred C. Yen

Boston College Law School Faculty Papers

No abstract provided.

Science As Mythology In Constitutional Law, Dean M. Hashimoto

Boston College Law School Faculty Papers

No abstract provided.

Unmasking Undue Influence, Ray D. Madoff

Boston College Law School Faculty Papers

The substantial passage of wealth that occurs upon death in the United States each year brings into focus the tension between the belief that people should be able to dispose of their wealth as they wish and society’s interest in maintaining social stability. Nowhere is this tension more apparent than in the doctrine of undue influence. The dominant paradigm presents the undue influence doctrine as providing a double benefit of protecting freedom of testation as well as preventing overreaching by others. In this Article, the author challenges the dominant paradigm by demonstrating how the undue influence doctrine denies freedom ...

Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

The primary aim of this article is to place the late twentieth century Transracial Adoption (TRA) of African-American children accurately within the context of the child welfare system milieu out of which it emerged. It also endeavors to provide thoughtful scholars and child advocates a new lens with which to assess the past purpose, function, and efficacy of TRA. The author hopes that through these considerations more careful regulation and monitoring of future TRA placements will emerge, which will both protect the interests of the African-American adoptee and respect the African-American community.

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 ...

Levers Of Law Reform: Public Goods And Russian Banking, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.

Old Fashioned Postmodernism And The Legal Theories Of Oliver Wendell Holmes, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

Whether Holmes was the greatest American jurist is a question for debate. What needs no debate is the fact that Holmes is the most published, the most discussed, the most praised and the most criticized judge in American history. In view of this fact, one might well doubt the need for yet another paper on Holmes. The sheer number of studies, discussions, collections and biographies raises question as to whether we have not already said enough. Is there any point-besides the obvious pleasure of a good symposium-to more discussion of Holmes and his effect on American law ...

The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have been proposed, and one (in Oregon) has been enacted. The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Second Circuit were recently persuaded to recognize constitutionally protected rights to assisted suicide, although their decisions have been reversed by the Supreme Court. An international organization called the World Federation of Right-to-Die Societies furthers such efforts in other countries. The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that ...

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Boston College Law School Faculty Papers

No abstract provided.

Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

No abstract provided.

The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel

Boston College Law School Faculty Papers

No abstract provided.

The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.

Old Fashioned Postmodernism And The Legal Theories Of Oliver Wendell Holmes, Jr., Catharine P. Wells

Boston College Law School Faculty Papers

No abstract provided.

Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow

Boston College Law School Faculty Papers

No abstract provided.

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.

Economic Assistance, The World Bank, And Nonbinding Instruments, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.

Government By Trade Agreement, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.

The Unjustified Absence Of Federal Fraud Protection In The Labor Market, Kent Greenfield

Boston College Law School Faculty Papers

Federal law offers significant protection against fraud in the capital market, based on the compelling rationale that accurate information is important in allowing the securities markets to allocate financial capital to real capital. Notwithstanding some recent statutory adjustments, federal securities law remains committed to a central idea: it is wrong for a company or a corporate official knowingly to make a misrepresentation in order to take value from another in a securities transaction. This article argues that rationales analogous to those justifying fraud protection in the capital market also hold true in the labor market. Fraud may in fact be ...

Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.

The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.

Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.

"Americas Agreements" - An Interim Stage In Building The Free Trade Area Of The Americas, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.

The Demise Of Circumstantial Proof In Employment Discrimination Litigation: St. Mary's Honor Center V. Hicks, Pretext, And The 'Personality' Excuse, Mark S. Brodin

Boston College Law School Faculty Papers

Since the enactment of Title VII of the Civil Rights Act of 1964 the courts have struggled to define the burdens of proof surrounding the central issue of an employer's alleged discriminatory intent. What evolved was the McDonnell Douglas framework, premised upon established concepts of circumstantial proof and inference. The approach permits plaintiffs lacking direct proof to nonetheless establish a violation of the Act by proving that the employer's explanation of the challenged decision was pretextual. In St. Mary's Honor Center v. Hicks, a closely-divided Supreme Court substantially altered the McDonnell Douglas framework. Discrediting the reasons offered ...

Risk Shifting Within A Multinational Corporation: The Incoherence Of The U.S. Tax Regime, Diane M. Ring

Boston College Law School Faculty Papers

No abstract provided.

The Theory And Practice Of Being Trina: A Remembrance Of Trina Grillo, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

The first thing I noticed about Trina was the depth of her empiricism. Her speech was not littered with platitudes, stereotypes, and received opinions. Although well versed in standard forms of academic debate, she was not overly dependent on this part of her intellectual repertoire. She just didn't think that way. She had a manner of speaking that made even complicated thoughts easily comprehensible. She spoke softly and slowly; she never postured or gave reasons "for the sake of argument." Instead, she shared her observations, posed some thoughtful questions, and quietly offered her own insights and ...

Corrective Justice And Corporate Tort Liability, Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

Many late nineteenth-century law teachers thought of the common law as a logical system based upon legal premises that yielded determinate-and correct-legal outcomes. Late twentieth century teachers tend to give a somewhat different account. They see common law decisionmaking as the application of a relatively compelling set of social policies to the resolution of individual cases. Thus, in teaching torts, many of us tell a deceptively simple story. There are three basic goals of tort law, we suggest: First, there is deterrence which requires that we formulate tort law in such a way that the fear of ...