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.

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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Master’s Thesis: ‘The Law of Servants and the Servants of Law’

Using the judicial archives, this thesis seeks to recreate the complex and overlapping legal regime that governed master-servant relations during this formative time in Montreal’s economic life. While traditional artisan-based labor relations were breaking down, these relationships became increasingly contractual in nature. In a system that was weighed in favor of preserving employer’s rights vis-à-vis their employees, courts nonetheless enforced servants’ rights against their masters as well. This study explores the nature of the offenses related to the breakdown of labor relationship as they were enforced within the city limits, and the differences in legal approach towards these issues outside of the city. This thesis was published in two parts by the McGill Law Journal in 2001.

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