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2005

Legal History

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Articles 31 - 42 of 42

Full-Text Articles in Law

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York Dec 2004

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Reporter For The Standing Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette Dec 2004

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

Daniel R. Coquillette

No abstract provided.


'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette Dec 2004

'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Convener Of The Harvard Law School History Project, Daniel Coquillette Dec 2004

Convener Of The Harvard Law School History Project, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Real Ethics For Real Lawyers, Daniel Coquillette Dec 2004

Real Ethics For Real Lawyers, Daniel Coquillette

Daniel R. Coquillette

Real Ethics for Real Lawyers uses a lively, problem-centered approach to teach professional responsibility courses. The author, Daniel Coquillette, the former Dean of Boston College School of Law, is now the J. Donald Monan S.J. University Professor at Boston College School of Law and the Lester Kissel Visiting Professor at Harvard Law School. He has served as Chairman of the Massachusetts Bar Association Committee on Professional Ethics, as a member of the ABA Standing Committee on Ethics and Professional Responsibility, and as an Advisor to the ALI Restatement of the Law Governing Lawyers. For eight years he was also an …


Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay Dec 2004

Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay

Richard Kay

Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).


Corporate Governance E Prezzo Contrattuale, Antonio Lordi Dec 2004

Corporate Governance E Prezzo Contrattuale, Antonio Lordi

antonio lordi

No abstract provided.


The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan Dec 2004

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Donald J. Kochan

Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …


Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan Dec 2004

Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan

Lucian E Dervan

Since the creation of the Corporate Fraud Task Force in July 2002, the United States Department of Justice and the other member agencies have worked feverishly to ferret out corporate crime and punish wrongdoers. The Task Force, in the three years following the announcement of its formation by President Bush, has instituted hundreds of investigations, secured over five hundred corporate fraud convictions or guilty pleas, and charged over nine hundred defendants. Not to be outdone by federal law enforcement authorities, some state attorneys general have followed suit, pursuing their own well-publicized probes of corporate practices. The stakes in these investigations …


Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha Dec 2004

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …


No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan Dec 2004

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …


Del Ius Mercatorum Bajomedieval Al Moderno Derecho Comercial Internacional, Juan Pablo Pampillo Dec 2004

Del Ius Mercatorum Bajomedieval Al Moderno Derecho Comercial Internacional, Juan Pablo Pampillo

Dr. Juan Pablo Pampillo Baliño

No abstract provided.