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Submissions from 2017

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Sovereignty and Social Change in the Wake of India’s Recent Sodomy Cases, Deepa Das Acevedo

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“Hurdling” Gender Identity Discrimination: The Implications of State Participation Policies on Transgender Youth Athletes’ Ability to Thrive, Kayla L. Acklin

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Four Unconstitutional Constitutions and their Democratic Foundations, Richard Albert

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Single-Subject Constitutional Amendments, Richard Albert

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Classroom Taping Under Legal Scrutiny—A Road Map for a Law School Policy, Alexis Anderson

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The Law of Nonmarriage, Albertina Antognini

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The Symmetry Principle, Bradley A. Areheart

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Reed v. Town of Gilbert: Relax, Everybody, Enrique Armijo

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Call Me Ishimaru: Independent Enforcement of International Agreements, John Arnold

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Twenty Years After ProCD (Panel 2), Ann Bartow, David S. Olson, and Michael J. Meurer

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The Sermon on the Mountain of Cash: How to Curtail the Prosperity Scheme and Prevent Opportunists from “Preying” on Vulnerable Parishioners, Jacob M. Bass

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Criminal Justice Reform Conference Panel One, Sharon Beckman, Ira Gant, Cynthia Garza, Mark D. Martin, David Meier, and R. Michael Cassidy

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Inverse Condemnation and Fracking Disasters: Government Liability for the Environmental Consequences of Hydraulic Fracturing Under a Constitutional Takings Theory, Joseph Belza

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Cleaning Up the Standards of the Mental Hygiene Law: State v. Dennis K. and Civil Commitment, Maria Benvenuto

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Reefer Madness: How Non-Legalizing States Can Revamp Dram Shop Laws to Protect Themselves from Marijuana Spillover from Their Legalizing Neighbors, Jessica Berch

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Enjoying Your "Free" App? The First Circuit's Approach to an Outdated Law in Yershov v. Gannett Satellite Information Network, Inc., Wendy Beylik

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The Racialization of Juvenile Justice and the Role of the Defense Attorney, Tamar R. Birckhead

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The Public Trust as an Antimonopoly Doctrine, Michael C. Blumm and Aurora Paulsen Moses

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Good Things Don't Come to Those Forced to Wait: Denial of a Litigant's Request to Proceed Anonymously Can be Appealed Prior to Final Judgment in the Wake of Doe v. Village of Deerfield, Chloe Booth

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BC Law Magazine Winter 2017, Boston College Law School

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Focus: Your Career (2017), Boston College Law School

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A General Theory of Preemption: With Comments on State Decriminalization of Marijuana, Lea Brilmayer

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McDonnell and the Criminalization of Politics, George D. Brown

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Who Needs to Know? The Seventh Circuit Accepts Information Sent to Government as Publicly Disclosed in Cause of Action v. Chicago Transit Authority, Kurtis Brown

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Criminal Justice Reform Conference Panel Two: Reducing Recidivism, Will Brownsberger, Jose Bou, Adam Foss, Leslie Walker, and R. Michael Cassidy

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The Cost of High Prices: Embedding an Ethic of Expense into the Standard of Care, Isaac D. Buck

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The Justice Against Sponsors of Terrorism Act: An Infringement on Executive Power, Dan Cahill

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The Crisis Inside Crisis Pregnancy Centers: How to Stop These Facilities from Depriving Women of Their Reproductive Freedom, Brittany A. Campbell

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Don’t Ask Me About My Business: The Mafia’s Exploitation of the European Migration Crisis, Natalie Cappellazzo

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Discriminating Against the Dead: How to Protect Muslim Cemeteries from Exclusionary Land Use Mechanisms, Christopher Cataldo

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Walking on Eggshells in the Workplace: Denying Workers’ Compensation Liability Using the Employee Knowledge Standard in Ramirez-Trujillo v. Quality Egg, L.L.C., Christopher Cataldo

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Corporate Tax Avoidance and Honoring the Fiduciary Duties Owed to the Corporation and Its Stockholders, Eric C. Chaffee and Karie Davis-Nozemack

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Introduction: Marijuana Laws and Federalism, Erwin Chemerinsky

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Policy, Preemption, and Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin

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Twenty Years After ProCD (Panel 1), Stephen Y. Chow, Michael Rustad, Rebecca Curtin, Michael J. Meurer, Joseph P. Liu, and David S. Olson

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Trapped to Confess: State v. Gray and Arizona’s Outlier Entrapment Statute, Venus Chui

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Get Your Own Street Cred: An Argument for Trademark Protection for Street Art, Danielle Crinnion

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Deference to the Agency Is the Best Policy: The D.C. Circuit Applies Chevron in Denying Additional Medicare Reimbursements to Provider Hospitals in Washington Regional Medicorp, Brandon Curtin

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Robert Morris: Lawyer & Activist, Laurel Davis

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Mortgage Supply Chain Failure and Innovation, Lisa Davis

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One Toke Too Far: The Demise of the Dormant Commerce Clause's Extraterritoriality Doctrine Threatens the Marijuana-Legalization Experiment, Chad DeVeaux

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A Long-Awaited Reboot: The FIFA Scandal and its Repercussions for Football’s Governing Body, Matthew B. DiCenso

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From Student-Athletes to Employee-Athletes: Why a "Pay for Play" Model of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman

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Creating Confusion Rather than Clarity: The Sixth Circuit's (Lack of) Decision in Tree of Life Christian Schools v. Upper Arlington, Lindsey Edinger

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Bio-Prospecting in the Arctic: An Overview of the Interaction Between the Rights of Indigenous Peoples and Access and Benefit Sharing, Mar Campins Eritja

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The Role of Antitrust Principles in Patent Monopolies: The Third Circuit Applies Antitrust Scrutiny to No-AG Patent Settlements in Smithkline, Meghan Fay

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The Promotion of Personhood is a Principal Good of Law, Scott T. FitzGibbon

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Rosenfield v. GlobalTranz: Is the Manager Rule Dead? The Ninth Circuit Holds That Fair Notice Is the Appropriate Test for Whether a Managerial Employee's Activity Is Protected Under the FLSA, Alyssa Fixsen

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Employer Liability for Non-Employee Discrimination, Dallan F. Flake

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Budding Conflicts: Marijuana's Impact on Unsettled Questions of Tribal-State Relations, Katherine J. Florey

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The Future of Retail (Panel 1), Kenneth Frieze, Lisa Gavales, Paul Halpern, Chris Weilminster, Mark Weinberg, and Michael Goldberg

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Denying Disgorgement: The Supreme Court’s Refusal to Grant the Crow Tribe Relief, Alex Galliani

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Criminal Justice Reform Keynote Address: CJ Gants, Ralph D. Gants and Elisabeth Medvedow

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The Public Interest in Corporate Settlements, Brandon L. Garrett

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Guacamole Is Extra but the Norovirus Comes Free: Implementing Paid Sick Days for American Workers, Erin Garrity

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The Legacy of Srebrenica: Potential Consequences of Reducing Liability for Troop Contributing Countries in Modern UN Peacekeeping Operations, Kelsey Gasseling

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The Threads of Justice: Economic Liberalization and the Secondhand Clothing Trade Between the U.S. and Haiti, Kelsey Gasseling

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The Constitutionality of the Immigration and Nationality Act Called into Question Again: The Ninth Circuit Correctly Holds "Obstruction of Justice" Raises Grave Constitutional Concerns in Valenzuela Gallardo v. Lynch, Taylor Gibson

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Quantifying the Tightness of Mortgage Credit and Assessing Policy Actions, Laurie S. Goodman

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Rethinking Prosecutors' Conflicts of Interest, Bruce A. Green and Rebecca Roiphe

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Standing in the Future: The Case for a Substantial Risk Theory of "Injury-in-Fact" in Consumer Data Breach Class Actions, Nicholas Green

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Dispelling the Myth that Law Students Can Close the Justice Gap, John P. Gross

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All the News That’s Worth the Risk: Improving Protection for Freelance Journalists in War Zones, Lindsay R. Grossman

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Constitutional Law and the Role of Scientific Evidence: The Transformative Potential of Doe v. Snyder, Melissa Hamilton

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Criminal Justice Reform Conference Panel Three: Prospects for Sentencing Reform, Scott Harshbarger, Dan Conley, Mary Beth Heffernan, Carol Starkey, and R. Michael Cassidy

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Gun Reform: What Can States Do?, Maura Healy, Martin O'Malley, and R. Michael Cassidy

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Footing the Bill for Natural Gas Leaks: Why States Should Limit Cost Recovery of Lost and Unaccounted for Gas, Liam Holland

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The Unreasonable Seizures of Shadow Deportations, Mary Holper

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State/Federal Tensions in Immigration Enforcement: Looking Back and Looking Forward: Panel 3, Mary Holper, Ingrid V. Eagly, Stephen H. Legomsky, Alicia Schmidt Camacho, and Daniel Kanstroom

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The Costs of Trumped-Up Immigration Enforcement Measures, Kari E. Hong

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The Ten Parts of “Illegal” in “Illegal Immigration” That I Do Not Understand, Kari E. Hong

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State/Federal Tensions in Immigration Enforcement: Looking Back and Looking Forward: Panel 2, Kari E. Hong, Amy Grunder, Lucas Guttentag, and Michael Wishnie

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Tomorrow's Inheritance: The Frontiers of Estate Planning Formalism, David Horton

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The Unicorn Governance Trap, Renee Jones

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The Irrational Actor in the CEO Suite: Implications for Corporate Governance, Renee M. Jones

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Discussion of Papers on Cyclicality in Mortgage Markets, Edward J. Kane

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The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions, Daniel Kanstroom

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State/Federal Tensions in Immigration Enforcement: Looking Back and Looking Forward: Panel 1, Daniel Kanstroom, Beverly Cannone, Robert Cordy, and Nancy Gertner

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State/Federal Tensions in Immigration Enforcement: Looking Back and Looking Forward (Keynote), Daniel Kanstroom and Martin O'Malley

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Targeted Killings—Never Not an Act of International Criminal Law Enforcement, Barry Kellman

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Battling the (Algae) Bloom: Watershed Policies and Plans in Wisconsin, Jamie Konopacky

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Marijuana Legalization and Nosy Neighbor States, Alex Kreit

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Letter to Orrin G. Hatch and Ron Wyden on Donor-Advised Funds, Douglas Kridler, Vikki Spruill, Dan Cardinali, and Adam Meyerson

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Unsafe Harbor: The European Union's Demand for Heightened Data Privacy Standards in Schrems v. Irish Data Protection Commissioner, Christina Lam

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Stopping Illegal Fishing and Seafood Fraudsters: The Presidential Task Force’s Plan on Tackling IUU Fishing and Seafood Fraud, Thomas Lampert

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Prioritizing National Security at the Expense of Refugee Rights: The Effects of H.T. v. Land Baden-Württenberg, Thomas F. Lampert

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Too Little Space: Does a Zoning Regulation Violate the Second Amendment?, Jordan Lamson

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The Future of Retail (Panel 2), Sean Lane, Jacqueline Marcus, Michael O'Hara, David Pollack, Bradford Sandler, and James Wallack

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But See Kohlheim: The Third Circuit Muddies the Water on the Compensability of Employee Meal Periods under the Fair Labor Standards Act in Babcock v. Butler County, John A. LeBlanc

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O'Keeffe v. Ireland: The State's Obligation to Protect Children from Sexual Assault in State Schools, Heekyoung Lee

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Weaponizing Citizen Suits: Second Circuit Revises the Burden of Proof for Proving Sham Citizen Petitions in Apotex v. Acorda Therapeutics, Franklin Liu

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Mean Muggin’ No More: Detroit Free Press v. U.S. Dep’t of Justice and a Non-Trivial Privacy Interest in Booking Photographs, Meghan Looney

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Letter to Orrin G. Hatch and Ron Wyden on Donor-Advised Funds, Ray D. Madoff and Roger Colinvaux

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Letter to Orrin G. Hatch on Donor-Advised Funds, Ray D. Madoff and Roger Colinvaux

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Zuchtvieh-Export GmbH v. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation and Territorial Sovereignty, David Mahoney

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Beyond Rehabilitation: Constitutional Violations Associated with the Isolation and Discrimination of Transgender Youth in the Juvenile Justice System, Sonja Marrett

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Foreword, Patricia A. McCoy

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Has the Mortgage Pendulum Swung Too Far? Reviving Access to Mortgage Credit, Patricia A. McCoy

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Why Cyclicality Matters to Access to Mortgage Credit, Patricia A. McCoy and Susan M. Wachter

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Why Cyclicality Matters To Access to Mortgage Credit, Patricia A. McCoy and Susan M. Wachter