Content Posted in 2020 | Digital Commons @ Boston College Law School | Boston College Law School Research

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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

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

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

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

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

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

Cutting Off the EU to Spite Its Face?: How to Promulgate the UK’s Contractual Choice of Law Rules to Ensure Stability Post-Brexit, Emma Coffey

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

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

“Red Flag” Laws: How Law Enforcement’s Controversial New Tool to Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay

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

Re-Reading Anita Bernstein's The Common Law Inside the Female Body from the Bottom of the Well: Analysis of the Central Park Five, Border Drownings, the Kavanaugh Confirmation, and the Coronavirus, Nadia B. Ahmad

Resistance Lawyering, Daniel S. Farbman

Rethinking Municipal Corporate Rights, Hannah J. Wiseman

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

So Much to Comment on, So Little Time: Notice-and-Comment Requirements in Agency Informal Rulemaking Under the Administrative Procedure Act, Kadie Martin

Sovereign Debt Crises and Vulture Hedge Funds: Issues and Policy Solutions, Daniel J. Brutti

Standing on the Wrong Side: Hernandez v. Mesa and Bivens Remedies in the Context of Cross-Border Shootings by Federal Law Enforcement, Meg Green

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 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 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

When Will Asylum Law Protect Women?: The Abusive Relationship Between Agency Decision Making and Asylum Claims Involving Domestic Violence, Hannah Cohen

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