BOSTON COLLEGE
Boston College Law Review

Student
Publications

Volume 43 2002 Number 2

[Pages 227-350]
REALIZING THE RULE OF LAW IN THE HUMAN SUBJECT
Patrick McKinley Brennan*

Abstract:  The dominant understandings of the rule of law, legal interpretation, and judging are riddled with the untoward consequences of misunderstanding or ignoring the human subject. This Article takes that subject as the starting point, and asks how he or she can become lawful. Cutting a middle way between the usual analyses which look exclusively either to language or rules as the guarantor of legal objectivity, or to the subject as the intransigent impediment to lawfulness and objectivity, the Article identifies the necessary and sufficient conditions of an achievable rule of law by developing the implications of human subjects’ desire for the real (and for conduct consistent with it). Not even law is so objective as to get by without the mind of the human subject, and the Article shows how human subjects become lawful exactly by becoming authentic subjects. The analysis proceeds by way of a deconstruction of jurisprudences, such as Ronald Dworkin’s and Justice Scalia’s, uninformed by the normative implications of human subjectivity itself.

[Pages 351-461]
LABOR AND EMPLOYMENT LAW AT THE MILLENNIUM: A HISTORICAL REVIEW AND CRITICAL ASSESSMENT
Stephen F. Befort*

Abstract:  This Article uses a historical perspective as a basis to analyze the current state of labor and employment law in the United States. The Article first chronicles the decline in collective governance and the corresponding rise in the governmental regulation of the individual employment relation during the past 50 years, and attempts to ascertain the socio-economic forces contributing to this evolution. The Article then critiques the current state of workplace legal rules and finds a number of deficiencies in terms of both efficiency and equity. The Article pays particular attention to the impact of globalization and the resulting exacerbation in the imbalance of power between labor and capital. The Article concludes by making four recommendations for systemic law reform with an eye toward the development of new international norms in the areas of job security, collective bargaining, employee participation programs, and the legal status of the contingent workforce.

[Pages 463-486]
THE ADMISSIBILITY OF EVIDENCE OF ANIMAL ABUSE IN CRIMINAL TRIALS FOR CHILD AND DOMESTIC ABUSE
Angela Campbell

Abstract:  Household violence is a serious problem throughout the country. When household violence cases reach the court system they present unique evidentiary problems. Courts have begun to address these evidentiary problems by allowing evidence of prior abuse of other household victims into criminal trials for child and domestic abuse. The courts that have allowed such evidence, and the scholars who support such admissions, do so under auspices of “specific propensity evidence” to commit a certain type of crime, as opposed to “general propensity evidence” which is barred from admission by the federal and state rules of evidence. Since studies have linked animal abuse with other forms of domestic abuse, it is a logical extension to consider evidence of animal abuse as specific propensity evidence to commit other forms of domestic abuse. Therefore, evidence of animal abuse should be admissible in criminal trials for child and domestic abuse.

[Pages 487-519]
THE UNZ INITIATIVES AND THE ABOLITION OF BILINGUAL EDUCATION
William Ryan

Abstract:  In 1998, Silicon Valley millionaire Ron Unz spearheaded the passage of California’s Proposition 227, designed to ban bilingual education as an instructional method. Two years later, Arizona approved similar legislation, and Unz has recently brought his campaign to Massachusetts and Colorado. This Note analyzes Proposition 227 and its “offspring” in Arizona and argues this legislation is violative of federal statutes, politically unsound, culturally biased, and pedagogically inaccurate. In particular, the Note contends that bilingual education involving instruction in a student’s native language with the goal of either transition to English proficiency or complete bilingual fluency is an effective educational method and efforts to eliminate it are a rash, false “cure-all” to a variety of problems facing schoolchildren. Finally, the Note argues that effective challenges to legislative initiatives that seek to eliminate bilingual education must address the legal, political, cultural, and pedagogical implications of this elimination and consider the impact of this legislation within a context that considers its full impact on students, teachers, and society.