Content Posted in 2020
ABC to AB 5: The Supreme Court of California Modernizes Common Law Doctrine in Dynamex Operations West, Inc. v. Superior Court, Abigail S. Rosenfeld
A Gray Area: The Scope of Title II of the ADA’s Applicability to Ad Hoc Police Encounters, Michelle Kain
Against Bidimensional Supremacy in EU Constitutionalism, Vlad F. Perju
American Indians and the Right to Vote: Why the Courts Are Not Enough, Milan Kumar
Amicus Brief: Smith v. Kelley, Natali De Corso, Rebecca Rabinowitz, and Brian J.M. Quinn
And Justice for None: How COVID-19 Is Crippling the Criminal Jury Right, Brandon Marc Draper
An Insufficient Screening: The Constitutionality of Michigan’s Newborn Screening Program, Anne Hart
A Path to International Tax Reform and Improved Wealth Distribution Across the Globe, Diane M. Ring
Appraisal Confusion: The Intended and Unintended Consequences of Delaware's Nascent Pristine Deal Process Standard, Alex Peña and Brian JM Quinn
Are Two Employers Better Than One? An Empirical Assessment of Multiple-Employer Retirement Plans, Natalya Shnitser
Argument analysis: Justices skeptical of claim that retirement-plan participants have “actual knowledge” of all facts included in disclosure documents, Natalya Shnitser
Argument preview: Court to consider “actual knowledge” in determining the window for filing claims against retirement-plan fiduciaries, Natalya Shnitser
BC Law Magazine Summer 2017, Boston College Law School
BC Law Magazine Summer 2018, Boston College Law School
BC Law Magazine Summer 2019, Boston College Law School
BC Law Magazine Summer 2020, Boston College Law School
BC Law Magazine Winter 2018, Boston College Law School
BC Law Magazine Winter 2019, Boston College Law School
BC Law Magazine Winter 2020, Boston College Law School
Breaking Down the Wall Around Judicial Review in the Immigration Context: Examining Whether § 1252(g) Precludes Review of Noncitizen FTCA Claims for Wrongful Removal in Violation of a Court Order, Carmella R. O'Hanlon
Brief of Amici Curiae Financial Regulation Scholars in Seila Law LLC v. Consumer Financial Protection Bureau, Peter Conti-Brown, Adam J. Levitin, and Patricia A. McCoy
Brief Thoughts About If Value/Then Right, Alfred C. Yen
Chasing Perfection: Collateral Indications and Ambiguous Debtor Names on Financing Statements Under Article 9, Eric M. Sherman
Choosing the Consequences of Tam and Brunetti, Alfred C. Yen
Compensatory Mitigation and Public Lands, Justin R. Pidot
Concerning Behavior: Do a Public Employee’s Free Association Claims Share the Public Concern Requirement of Free Speech Claims?, Samuel Barrows
Conflict Preemption of State Net Neutrality Efforts After Mozilla, Daniel A. Lyons
Congressional Testimony: Examining Private Market Exemptions as a Barrier to IPOs and Retail Investment, Renee M. Jones
Congressional Testimony: Intellectual Property and the Price of Prescription Drugs: Balancing Innovation and Competition, David S. Olson
Constitutionalizing Financial Stability, Patricia A. McCoy
Corporations are People. That's Why Arlene's Flowers Should Lose., Kent Greenfield
Criminalizing Immigrant Entrepreneurs (and Their Lawyers), Eric Franklin Amarante
Cryptocurrency Regulations Wanted: Iterative, Flexible, and Pro-Competitive Preferred, Avery Minor
D.C. Circuit Decision Represents Setback to Next-Generation Network Deployment Efforts, Daniel A. Lyons
Democracy, Bureaucracy, and Criminal Justice Reform, Lauren M. Ouziel
Developing Fiduciary Culture in Vietnam, Brian JM Quinn
Dictionaries and the Law, Laurel Davis
Disabling Language: Why Legal Terminology Should Comport with a Social Model of Disability, Meg E. Ziegler
Distributive Justice and Rural America, Ann M. Eisenberg
Double Standards: An Empirical Study of Patent and Trademark Discipline, Jon J. Lee
Economic and social rights force us to pressure a return to the state, Katharine G. Young
Embracing Insecurity: Harm Reduction Through a No-Fault Approach to Consumer Data Breach Litigation, Max Meglio
Free the Nipple–Fort Collins and the Enduring Fight for Gender Equality, Maria Massimo
Gideon: Public Law Safeguard, Not A Criminal Procedural Right, Kari E. Hong
Expanded Expedited Removal: Can Fourth Amendment "Border Exceptionalism" Be Everywhere Now?, Mary Holper
Express and Conflict Preemption in State Net Neutrality Efforts, Daniel A. Lyons
Family Values: The Child Citizenship Act’s Ability to Protect the Foreign-Born Children of U.S. Citizens from Deportation, Conor McNulty
Fraud or Confusion: A Pill for Chronic Securities Litigation in the Life Sciences Sector, Eric Schmid
From Securities to Cybersecurity: The SEC Zeroes In on Cybersecurity, Rebecca Rabinowitz
Front Matter, Boston College Law Review
Front Matter, Boston College Law Review
Front Matter, Boston College Law Review
Front Matter, Boston College Law Review
Front Matter, Boston College Law Review
Front Matter, Boston College Law Review
Hot Bench: A Theory of Appellate Adjudication, Terry Skolnik
How Pay-to-Win Makes Us Lose: Introducing Minors to Gambling Through Loot Boxes, Kourosh Azin
Hyperpartisan Gerrymandering, Michael S. Kang
Identity Federalism in Europe and the United States, Vlad F. Perju
“I’d Like My Eggs Frozen”: Negligent Emotional Distress Compensation for Lost Frozen Human Eggs, Emma D. McBride
I’m Bringing Notice Back: Registration Alone Is Not Enough to Prompt Accrual of a Copyright Claim, Rachel Weiss
Industry-Influenced Evidence: Bias, Conflict, and Manipulation in Scientific Evidence, Dean A. Elwell
In or Out: Calculation of the Medical Loss Ratio and Its Effect on the Affordable Care Act, Cynthia Yi
In re Universal Service Contribution Methodology: Comments of Professor Daniel Lyons, Daniel A. Lyons
Interagency Merger Review in Labor Markets, Hiba M. Hafiz
Is Transformative Use Eating the World?, Clark D. Asay, Arielle Sloan, and Dean Sobczak
Justice Thomas’s Concurrence Says Much—and Little—About Preemption of State Net Neutrality Efforts, Daniel A. Lyons
Labor's Antitrust Paradox, Hiba Hafiz
Legislation and Comment: The Making of the §199A Regulations, Leigh Osofsky and Shu-Yi Oei
Let’s Talk About Sex: A Discussion of Sexual Orientation Discrimination Under Title VII, Courtney E. Ruggeri
Leveraging Open Educational Resources & Affordable Course Materials in Legal Education, Mary Ann Neary and Lisa Davis
Lost Opportunity: Supreme Court Declines to Resolve Circuit Split on Brady Obligations During Plea-Bargaining, Cameron Casey
Massachusetts Bar Discipline: History, Practice, and Procedure, Paul R. Tremblay, Jeffrey D. Woolf, Paul Rezendes, Nancy E. Kaufman, and Constance V. Vecchione
Misdemeanors by the Numbers, Sandra G. Mayson and Megan T. Stevenson
Oh Captive! My Captive! New York’s Qui Tam Provision for Tax Is Validated in the Captive Insurance Context, Nicholas M. Coppola
Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad
Ownership Work and Work Ownership, Hiba Hafiz
Paving the Way for Recognizing Postpenetration Rape Through the Mistake of Fact Defense, Katherine M. King
Privacy's Constitutional Moment and the Limits of Data Protection, Woodrow Hartzog and Neil Richards
Recalibrating the Scales: Balancing the Persecutor Bar, David Romanow
Regulating Entities and Activities: Complementary Approaches to Nonbank Systemic Risk, Patricia A. McCoy, Daniel Schwarcz, and Jeremy C. Kress
Regulating in Pandemic: Evaluating Economic and Financial Policy Responses to the Coronavirus Crisis, Hiba Hafiz, Shu-Yi Oei, Diane M. Ring, and Natalya Shnitser
Reorganizing Healthcare Bankruptcy, Laura N. Coordes
Repaving Route 128: How New Legislation in Massachusetts Impacts the Noncompete Debate, Michael G. Feblowitz
Resistance Lawyering, Daniel S. Farbman
Rethinking Municipal Corporate Rights, Hannah J. Wiseman
Review of When Misfortune Becomes Injustice: Evolving Human Rights Struggles for Health and Social Equality by Alicia Ely Yamin, Katharine G. Young
Revisiting the Western Frontier, Alfred C. Yen
Right-Remedy Equilibration and the Asymmetric Entrenchment of Legal Entitlements, Michael Coenen
Risky Business: The Eleventh Circuit Applies Spokeo to Assess the Sufficiency of Risk for Article III Standing in Muransky v. Godiva Chocolatier, Inc., Michelle Chaing Perry
Running Clean: Discharges to Groundwater Hydrologically Connected to Navigable Waters as a Means for Asserted Clean Water Act Jurisdiction, Joseph Manning
Saints and Sinners: Is an Insurance Policy Required to Indemnify the Church for the Wrongful Acts of Sexual Misconduct by Priests?, Cassidy J. Seamon
Schrödinger's Corporation: The Paradox of Religious Sincerity in Heterogeneous Corporations, Catherine A. Hardee
Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner
Silent Intent? Analyzing the Congressional Intent Requirement to Abrogate Tribal Sovereign Immunity, Michael Bevilacqua
Silos and First Movers in the Sharing Economy Debates, Diane M. Ring
Solving the Rural Broadband Gap, Daniel A. Lyons
Someone to Lien on: Privatization of Delinquent Property Tax Liens and Tax Sale Surplus in Massachusetts, Caroline Enright
Sovereign Debt Crises and Vulture Hedge Funds: Issues and Policy Solutions, Daniel J. Brutti
State Net Neutrality Mandates and the Dormant Commerce Clause, Daniel A. Lyons
Straightwashing the Census, Kyle C. Velte
Taking a Deeper Dive into Progressive Prosecution: Evaluating the Trend Through the Lens of Geography: Part One: Internal Constraints, Madison McWithey
Taking a Deeper Dive into Progressive Prosecution: Evaluating the Trend Through the Lens of Geography: Part Two: External Constraints, Madison McWithey
Tax Law's Workplace Shift, Shu-Yi Oei and Diane M. Ring
Technology Adrift: In Search of a Role for Electronic Wills, Adam J. Hirsch
"Terms of Heart": Judicial Style in Obergefell v. Hodges, Eliza S. Walker
The Captive Lab Rat: Human Medical Experimentation in the Carceral State, Laura I. Appleman
The Challenge of Deterring Bad Police Behavior: Implementing Reforms that Hold Police Accountable, Robert M. Bloom and Nina Labovich
The Common Law as a Force for Women, Bridget J. Crawford
The Common Law Inside a Social Hierarchy: Power or Reason?, Katharine Silbaugh
The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age, Mary Sarah Bilder
The Ethical Bases of Human Rights, Scott T. Fitzgibbon
The Female Legal Realist Inside the Common Law, Ann Bartow
The Fourth Amendment Implications of "U.S. Imitation Judges", Mary P. Holper
The Government Shutdown: Another Step towards the Constitutional Precipice, Katharine G. Young
The Idea of a Human Rights-Based Economic Recovery after COVID-19, Katharine G. Young
The Lady and George Washington: Female Genius in the Age of the Constitution, Mary Sarah Bilder
The Macroprudential Implications of the Qualified Mortgage Debate, Susan M. Wachter and Patricia A. McCoy
The Movement to Decriminalize Border Crossing, Ingrid V. Eagly
The New Fiduciaries, Natalya Shnitser
The New Regulatory Imperative for Insurance, Rick Swedloff
There's Feminism in Those Judgments, Anita Bernstein
The Right Rights for the Right People? The Need for Judicial Protection of Foreign Investors, Isaac Lederman
The Sport of Cybersecurity: How Professional Sport Leagues Can Better Protect the Competitive Integrity of Their Games, Nathaniel Grow and Scott J. Shackelford
The Winner Takes it All, but Who Gets to Play? The False Claims Act’s First to File Rule and Jurisdiction, Jonathan Lester
Trademarks, Hate Speech, and Solving a Puzzle of Viewpoint Bias, Kent Greenfield
"Turn It, Turn It, for All is In It": Reflections on Chaim Saiman's Halakhah: The Rabbinic Idea of Law, Cathleen Kaveny
(Un)Common Law and the Female Body, Lolita Buckner Inniss
Unsportsmanlike Conduct: An Analysis of the NFL's Expansion Policy Under U.S. Antitrust Law, Lucas Follett
Want to Know a Secret . . .? Electronic Surveillance, National Security, and the Role of the Foreign Intelligence Surveillance Act, Jesslin Wooliver
Watt Now?: Smart Meter Data Post-Carpenter, Sarah Murphy
What Matter of Soram Got Wrong: “Child Abuse” Crimes that May Trigger Deportation Are Constantly Evolving and Even Target Good Parents, Kari E. Hong and Philip L. Torrey
(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney
What You Don’t Know Can’t Hurt You Unless You Work For JPMorgan Chase: The Fifth Circuit’s Refusal to Notify Potential FLSA Plaintiffs Under Arbitration Agreements, Christian Villanueva
When Rubber Meets the Road: Balancing Innovation and Public Safety in the Regulation of Self-Driving Cars, Spencer A. Mathews
When Trademark Law Met Constitutional Law: How a Commercial Speech Theory Can Save the Lanham Act, Meaghan Annett
Whether Events After the Filing of an Initial Complaint May Cure an Article III Standing Defect: The D.C. Circuit’s Approach, Rory T. Skowron
White Male Aristocracy, Mary Sarah Bilder
Why the Ability-to-Repay Rule Is Vital to Financial Stability, Patricia A. McCoy and Susan M. Wachter
You’ve Got Mail, But Not Jurisdiction: The Federal Tort Claims Act and the Mailbox Rule, Maxwell Fabiszewski