About Ian C. Pilarczyk

Ian C. Pilarczyk is an administrator and legal historian who runs the Executive LL.M. in international business law, and the Legal English Certificate Program, at Boston University School of Law. His title is Director of Executive, Online and Special Initiatives.

…a few more esoteric Constitutional provisions…

My last entry had to do with whether President Obama could unilaterally use the 14th Amendment to raise the debt ceiling. This prompted me to think about the handful of esoteric constitutional provisions that have faded into desuetude, been repealed … Continue reading

Can an ‘Obscure’ Amendment Really Be A Solution to the Debt Crisis?

It’s difficult to think of an amendment to the U.S. Constitution that is truly “obscure”–although the 3rd Amendment is certainly an interesting historical relic as it restricts the government’s garrisoning of troops in civilian houses. However, some sections of the Constitution, including … Continue reading

Of Draco, “Draconian”, Irony, and Legal Reform

Today in a seminar someone said in passing that a company’s policies “were draconian”. It triggered a thought in my mind that the origins of the word had to do with Draco and his legal code, and I decided it would be interesting … Continue reading

What is constitutional autochthony?

I was recently asked a very interesting question, somewhat related to legal history: namely, what is constitutional autochthony? ‘Autochthony’ is a word that rarely surfaces in everyday English, but it is a synonym for ‘native’ or ‘indigenous’. It is most … Continue reading

Informal Law and Custom

While I had intended to discuss heartbalm actions further, that will have to wait for a future blog entry as I wanted to discuss the concept of ‘informal law’ in more detail. I have long found the concept of informal … Continue reading

Famous U.S. Trials Course Materials

A series of short videos and other materials designed to supplement the regular course materials.

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Doctorate Thesis: ‘Justice in the Premises’

In the early nineteenth-century, before the system of private prosecutions gave way to the public prosecution system we now know –and before the rise of many civic welfare institutions and social movements dedicated to combating child abuse, spousal battery, protecting the mentally ill, animal welfare and the like–how did Montreal courts grapple with the issue of family violence? Given the sanctity of the family and the public / private sphere dichotomy, we might expect that they chose not to deal with some of these issues at all. This thesis uses the voluminous primary sources of the judicial archives to look systematically as to how courts dealt with cases involving infanticide, child abuse, family violence and spousal murder. In so doing, a clearer picture of the causes of these forms of social pathology and its similarities across jurisdictions and time periods emerges, as well as an indication that courts were willing to interpose themselves into the family sphere to protect children and vulnerable spouses against physical aggression.

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