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Submissions from 2019

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Illegal Encouragement: The Federal Statute That Makes It Illegal to “Encourage” Immigrants to Come to the United States and Why It Is Unconstitutionally Overbroad, Lauren D. Allen

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To Be Physically Present or Not to Be Physically Present: The Use of Videoconferences During Felony Proceedings, Meaghan Annett

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Tax Competition and Tax Cooperation: A Survey and Reassessment, Hugh J. Ault

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The Ninth Circuit Enters the Class Certification Fray: Sali's Rejection of Evidentiary Formalism and Its Implications, Jessica Bachetti

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Securities Disclosure As Soundbite: The Case of CEO Pay Ratios, Steven A. Bank and George S. Georgiev

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The Death Penalty and the Fundamental Right to Life, Kevin M. Barry

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Is Trolling Trump a Right or a Privilege?: The Erroneous Finding in Knight First Amendment Institute at Columbia University v. Trump, Lauren Beausoleil

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Free, Hateful, and Posted: Rethinking First Amendment Protection of Hate Speech in a Social Media World, Lauren E. Beausoleil

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The Assault on Campus Assault: The Conflicts Between Local Law Enforcement, FERPA, and Title IX, Emma B. Bolla

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Admitted Students Guidebook, 2019 Edition, Boston College Law Students Association and Boston College Law School Office of Admissions

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Straight to Video: America’s Inmates Deprived of a Lifeline Through Video-Only Visits, Alexandre Bou-Rhodes

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Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity, and Definitive Interpretations, Clay Calvert

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Undue Influence: A Prosecutor’s Role in Parole Proceedings, R. Michael Cassidy

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Property, Concepts, and Functions, Eric R. Claeys

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Federal Guilty Pleas: Inequities, Indigence, and the Rule 11 Process, Julian A. Cook III

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The Interdependent Relationship of a Free Press and an Independent Judiciary in a Constitutional Democracy, Robert J. Cordy

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The U.S. Military’s Environmental Protection Efforts: Unexpected Eco-Friendly Solutions to Land Management Problems, Curtis Cranston

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Property's Edges, David A. Dana and Nadav Shoked

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Digitizing the Brooker Collection: From Dower to the Dow, Laurel Davis

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Limiting Identity in Criminal Law, Mihailis E. Diamantis

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Creatures of Habit: Predictions About Delaware’s Future Treatment of Disclosure Only Settlements and What It Means for Plaintiffs’ Attorneys Seeking a Pay Day, Peter Diliberti

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What Then Must We Do?: Why Rubin v. Islamic Republic of Iran Leaves Victims of State Sponsored Terror Attacks with Few Good Options, Sam Dougherty

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Modernizing the Stockholder Shield: How Blockchains and Distributed Ledgers Could Rescue the Appraisal Remedy, Brandon Ferrick

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Narrowing in on the Problem: A Component-Level Analysis of "Hybrid" Medical Devices, Jillian Friedmann

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Hour Late on Your Bail, Spend the Weekend in Jail: Substantive Due Process and Pretrial Detention, Coleman Gay

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The Shareholder Approval Conundrum, Franklin A. Gevurtz

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A “Natural” Stand Off Between the Food and Drug Administration and the Courts: The Rise in Food-Labeling Litigation & the Need for Regulatory Reform, Amy-Lee Goodman

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Brief for Professor Kent Greenfield As Amicus Curiae in Support of Respondents, State of Washington vs. Arlene's Flowers and Ingersoll vs. Arlene's Flowers, Kent Greenfield

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The Rise of the Working Class Shareholder: An Application, An Extension and a Challenge, Kent Greenfield

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Labor Law, Antitrust Law, and Economics Professors' Comment on the National Labor Relations Board's Proposed Joint-Employer Rule, Hiba Hafiz, Brishen Rogers, Kenneth G. Dau-Schmidt, and Kate Bronfenbrenner

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Size Matters: Force and Size Disparity in Cases of Aggravated Sexual Abuse, Janine Hanrahan

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Why Healthcare Companies Should Be(come) Benefit Corporations, Yaniv Heled, Liza Vertinsky, and Cass Brewer

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Mea Culpa: Why Corporate Waivers of Attorney-Client Privilege Have Not Increased the Prosecution of Corporate Executives, Leah Hengemuhle

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Making Domestic Violence Private Again: Referral Authority and Rights Rollback in Matter of A-B-, Caroline Holliday

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U.S. Citizens Detained and Deported? A Test of the Great Writ's Reach in Protecting Due Process Rights in Removal Proceedings, Caroline Holliday

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10 Reasons Why Congress Should Defund ICE’s Deportation Force, Kari E. Hong

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A Tragedy of Novelty: Is For-Cause Removal Protection for the Consumer Financial Protection Bureau's Single Director a Fatal Flaw?, Logan Hovie

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Breaking Up Is Hard to Do: Why American Banks Remain Too Big to Fail, Logan D. Hovie

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Fighting the Undead: Why States Should Use Forced Vesting to Kill Zombie Mortgages, Roman Ibragimov

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The New State Zoning: Land Use Preemption Amid a Housing Crisis, John Infranca

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Promise-Induced False Confessions: Lessons from Promises in Another Context, Margaux Joselow

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Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond), Eric Kades

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Problem with Your Bank Account? Tell It to the... Arbitrator?, Michael Koch

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Who Will Educate Me? Using the Americans with Disabilities Act to Improve Educational Access for Incarcerated Juveniles with Disabilities, Lauren A. Koster

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Safe Injection Sites and the Federal "Crack House" Statute, Alex Kreit

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When the Same Words Mean Different Things: Varjabedian v. Emulex Corp., and the Requirements of Section 14(e) of the Exchange Act, Isaac Lederman

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The Faulty Foundation of the Draft Restatement of Consumer Contracts, Adam J. Levitin, Nancy S. Kim, Christina L. Kunz, Peter Linzer, Patricia A. McCoy, Juliet M. Moringiello, Elizabeth A. Renuart, and Lauren E. Willis

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Copyright Rulemaking: Past as Prologue, Joseph Liu

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Narrowing the Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons

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State Net Neutrality, Daniel A. Lyons

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The Antideficiency Act Charade: A Low-Key Separation of Powers Drama, Daniel A. Lyons

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Extending the Sex-Plus Discrimination Doctrine to Age Discrimination Claims Involving Multiple Discriminatory Motives, Marc Chase McAllister

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A Dirty Waste—How Renewable Energy Policies Have Financed the Unsustainable Waste-to-Energy Industry, Hale McAnulty

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Public or Private? The Split Over First Amendment Protection of Union Speech by Public Employees, Meredith McCaffrey

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Comment of Professor Patricia A. McCoy on Docket No. CFPB-2019-0039, Patricia A. McCoy

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Inside Job: The Assault on the Structure of the Consumer Financial Protection Bureau, Patricia A. McCoy

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Remedying Wrongful Convictions Through DNA Testing: Expanding Post-Conviction Litigants’ Access to DNA Database Searches to Prove Innocence, Kayleigh E. McGlynn

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Bare Necessity: Simplifying the Standard for Admitting Showup Identifications, J.P. Christian Milde

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Survival of the Trademark License: In re Tempnology and Contract Rejection in Bankruptcy, Avery Minor

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Categorizing Wayne's World: The Public Forum Doctrine and Public Access Channels, Michael Molstad

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Heads I Win, Tails You Lose: The "Expense" of a De Novo Review of USPTO Decisions, Sarah Murphy

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How Was That Reasonable? The Misguided Development of Qualified Immunity and Excessive Force by Law Enforcement Officers, Marcus R. Nemeth

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Constituencies and Control in Statutory Drafting: Interviews with Government Tax Counsels, Shu-Yi Oei and Leigh Osofsky

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A Private Enforcement Remedy for Information Misuse, Peter C. Ormerod

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Pay Up or Else: Immigration Bond and How a Small Procedural Change Could Liberate Immigrant Detainees, Jeremy Pepper

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Evaluating the Legality of Age-Based Criteria in Health Care: From Nondiscrimination and Discretion to Distributive Justice, Govind Persad

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Mass Arrests & the Particularized Probable Cause Requirement, Amanda Peters

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The Effect of the Internet Era and South Dakota v. Wayfair on the Unitary Business Rule, Phillip Popkin

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An Irrevocably Tainted Opinion: Zen's Threat to Public Discourse, Andrew F. Popper

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Rethinking Feres: Granting Access to Justice for Service Members, Andrew F. Popper

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Duty or No Duty? That Is the Question: The Second Circuit Reasserts That a Violation of Item 303's Duty to Disclose Can Establish Liability Under Section 10(b), Rebecca Rabinowitz

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Nathan Roscoe Pound and the Nazis, Peter Rees

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The Need for Increased Possibility of Director Liability: Refusal to Dismiss In re Wells Fargo & Co. Shareholder Derivative Litigation, a Step in the Right Direction, Claudia A. Restrepo

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Digging Deep: The Clean Water Act's Applicability to Groundwater Discharges, Justin Rheingold

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An Intellectual History of Mass Incarceration, Alice Ristroph

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Who’s Driving That Car?: An Analysis of Regulatory and Potential Liability Frameworks for Driverless Cars, Madeline Roe

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Third-Party Funding in Investment Arbitration: Misappropriation of Access to Justice Rhetoric by Global Speculative Finance, Tara Santosuosso and Randall Scarlett

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Comment of Legal Scholars on Authority To Require Supervision and Regulation of Certain Nonbank Financial Companies, Financial Stability Oversight Council RIN 4030-AA00, Daniel Schwarcz, Patricia A. McCoy, and Jeremy Kress

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Specialized Trial Courts in Patent Litigation: A Review of the Patent Pilot Program's Impact on Appellate Reversal Rates at the Five-Year Mark, Amy Semet

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Big Data Discrimination: Maintaining Protection of Individual Privacy Without Disincentivizing Businesses’ Use of Biometric Data to Enhance Security, Lauren Stewart

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"Good Faith" Trademark Infringement: The Ninth Circuit's Approach to the Tea Rose-Rectanus Doctrine, Roya Tabibi

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"Maybe Someone Dies": The Dilemma of Domestic Terrorism and Internet Edge Provider Liability, Emily B. Tate

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Collect Call for Clarification: How Carpenter Has (and Has Not) Changed Modern Fourth Amendment Jurisprudence, Samuel D. Thomas

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A Meaningful Opportunity for Release: Graham and Miller Applied to De Facto Sentences of Life Without Parole for Juvenile Offenders, Anton Tikhomirov

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Social Justice Implications for "Retail" CED, Paul R. Tremblay

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The Emergence and Influence of Transactional Practice within Clinical Scholarship, Paul R. Tremblay

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Policing Cyberspace: The Uncertain Future of Data Privacy and Security Enforcement in the Wake of LabMD, Julia Whall

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The Future of Economic and Social Rights: Introduction, Katharine G. Young

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Waiting for Rights: Progressive Realization and Lost Time, Katharine G. Young

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ADA Litigation Cannot Reasonably Accommodate Per Se Rules, Meg Ziegler