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Submissions from 2020

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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

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Criminalizing Immigrant Entrepreneurs (and Their Lawyers), Eric Franklin Amarante

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When Trademark Law Met Constitutional Law: How a Commercial Speech Theory Can Save the Lanham Act, Meaghan Annett

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The Captive Lab Rat: Human Medical Experimentation in the Carceral State, Laura I. Appleman

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Is Transformative Use Eating the World?, Clark D. Asay, Arielle Sloan, and Dean Sobczak

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Why Financial Regulation Keeps Falling Short, Dan Awrey and Kathryn Judge

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How Pay-to-Win Makes Us Lose: Introducing Minors to Gambling Through Loot Boxes, Kourosh Azin

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Concerning Behavior: Do a Public Employee’s Free Association Claims Share the Public Concern Requirement of Free Speech Claims?, Samuel Barrows

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The Female Legal Realist Inside the Common Law, Ann Bartow

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There's Feminism in Those Judgments, Anita Bernstein

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Silent Intent? Analyzing the Congressional Intent Requirement to Abrogate Tribal Sovereign Immunity, Michael Bevilacqua

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The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age, Mary Sarah Bilder

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White Male Aristocracy, Mary Sarah Bilder

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The Challenge of Deterring Bad Police Behavior: Implementing Reforms that Hold Police Accountable, Robert M. Bloom and Nina Labovich

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BC Law Magazine Summer 2020, Boston College Law School

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BC Law Magazine Winter 2020, Boston College Law School

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Livening Up 1L Year: Moving Beyond Simulations to Engage 1L Students in LiveClient Work, Cheryl Bratt

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Court-Packing: An American Tradition?, Joshua Braver

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The Boston Lawyers’ Committee for Civil Rights Under Law: The First Fifty Years, Mark S. Brodin

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

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Cycles of Punishment: The Constitutionality of Restricting Access to Menstrual Health Products in Prisons, Mitchell O'Shea Carney

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Cruel and Unusual: Why the Eighth Amendment Bans Charging Juveniles with Felony Murder, Cameron Casey

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Lost Opportunity: Supreme Court Declines to Resolve Circuit Split on Brady Obligations During Plea-Bargaining, Cameron Casey

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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

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Reconceptualizing Hybrid Rights, Dan T. Coenen

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Right-Remedy Equilibration and the Asymmetric Entrenchment of Legal Entitlements, Michael Coenen

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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

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Congress Has Already Ruled in California v. Texas, John Aloysius Cogan Jr.

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

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Reorganizing Healthcare Bankruptcy, Laura N. Coordes

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Oh Captive! My Captive! New York’s Qui Tam Provision for Tax Is Validated in the Captive Insurance Context, Nicholas M. Coppola

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The Hidden Value of Abandoned Applications to the Patent System, Christopher A. Cotropia and David L. Schwartz

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The Common Law as a Force for Women, Bridget J. Crawford

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Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner

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And Justice for None: How COVID-19 Is Crippling the Criminal Jury Right, Brandon Marc Draper

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Who Blesses This Merger? Antitrust’s Role in Maintaining Access to Reproductive Health Care in the Wake of Catholic Hospital Mergers, Caitlin M. Durand

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The Movement to Decriminalize Border Crossing, Ingrid V. Eagly

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Distributive Justice and Rural America, Ann M. Eisenberg

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Industry-Influenced Evidence: Bias, Conflict, and Manipulation in Scientific Evidence, Dean A. Elwell

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Someone to Lien on: Privatization of Delinquent Property Tax Liens and Tax Sale Surplus in Massachusetts, Caroline Enright

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You’ve Got Mail, But Not Jurisdiction: The Federal Tort Claims Act and the Mailbox Rule, Maxwell Fabiszewski

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Major Reforms for Minors’ Confessions: Rethinking Self-Incrimination Protections for Juveniles, Maxwell J. Fabiszewski

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Repaving Route 128: How New Legislation in Massachusetts Impacts the Noncompete Debate, Michael G. Feblowitz

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Unsportsmanlike Conduct: An Analysis of the NFL's Expansion Policy Under U.S. Antitrust Law, Lucas Follett

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

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Trademarks, Hate Speech, and Solving a Puzzle of Viewpoint Bias, Kent Greenfield

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

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The Sport of Cybersecurity: How Professional Sport Leagues Can Better Protect the Competitive Integrity of Their Games, Nathaniel Grow and Scott J. Shackelford

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Labor's Antitrust Paradox, Hiba Hafiz

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Ownership Work and Work Ownership, Hiba Hafiz

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Interagency Merger Review in Labor Markets, Hiba M. Hafiz

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Regulating in Pandemic: Evaluating Economic and Financial Policy Responses to the Coronavirus Crisis, Hiba Hafiz, Shu-Yi Oei, Diane M. Ring, and Natalya Shnitser

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Schrödinger's Corporation: The Paradox of Religious Sincerity in Heterogeneous Corporations, Catherine A. Hardee

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An Insufficient Screening: The Constitutionality of Michigan’s Newborn Screening Program, Anne Hart

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Torching Athlete Rights: Examining the Fiduciary Duties of the United States Olympic and Paralympic Committee Board of Directors, Anne Hart

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Privacy's Constitutional Moment and the Limits of Data Protection, Woodrow Hartzog and Neil Richards

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The Corporation Reborn: From Shareholder Primacy to Shared Governance, Grant M. Hayden and Matthew T. Bodie

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Technology Adrift: In Search of a Role for Electronic Wills, Adam J. Hirsch

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The Fourth Amendment Implications of "U.S. Imitation Judges", Mary P. Holper

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Gideon: Public Law Safeguard, Not A Criminal Procedural Right, Kari E. Hong

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Startup Partnerships, Christine Hurt

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(Un)Common Law and the Female Body, Lolita Buckner Inniss

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A Gray Area: The Scope of Title II of the ADA’s Applicability to Ad Hoc Police Encounters, Michelle Kain

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Hyperpartisan Gerrymandering, Michael S. Kang

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"Turn It, Turn It, for All is In It": Reflections on Chaim Saiman's Halakhah: The Rabbinic Idea of Law, Cathleen Kaveny

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Paving the Way for Recognizing Postpenetration Rape Through the Mistake of Fact Defense, Katherine M. King

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Cooperative Federalism and SIJS, Shani M. King and Nicole Silvestri Hall

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American Indians and the Right to Vote: Why the Courts Are Not Enough, Milan Kumar

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Mere Common Ownership and the Antitrust Laws, Thomas A. Lambert

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The Right Rights for the Right People? The Need for Judicial Protection of Foreign Investors, Isaac Lederman

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Double Standards: An Empirical Study of Patent and Trademark Discipline, Jon J. Lee

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The Winner Takes it All, but Who Gets to Play? The False Claims Act’s First to File Rule and Jurisdiction, Jonathan Lester

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Running Clean: Discharges to Groundwater Hydrologically Connected to Navigable Waters as a Means for Asserted Clean Water Act Jurisdiction, Joseph Manning

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(What We Talk About When We Talk About) Judicial Temperament, Terry A. Maroney

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

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Free the Nipple–Fort Collins and the Enduring Fight for Gender Equality, Maria Massimo

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When Rubber Meets the Road: Balancing Innovation and Public Safety in the Regulation of Self-Driving Cars, Spencer A. Mathews

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Misdemeanors by the Numbers, Sandra G. Mayson and Megan T. Stevenson

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“I’d Like My Eggs Frozen”: Negligent Emotional Distress Compensation for Lost Frozen Human Eggs, Emma D. McBride

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Comment of Professor Patricia A. McCoy on Docket No. CFPB-2020-0028, Patricia McCoy

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Constitutionalizing Financial Stability, Patricia A. McCoy

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Why the Ability-to-Repay Rule Is Vital to Financial Stability, Patricia A. McCoy and Susan M. Wachter

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Family Values: The Child Citizenship Act’s Ability to Protect the Foreign-Born Children of U.S. Citizens from Deportation, Conor McNulty

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Taking a Deeper Dive into Progressive Prosecution: Evaluating the Trend Through the Lens of Geography: Part One: Internal Constraints, Madison McWithey

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Taking a Deeper Dive into Progressive Prosecution: Evaluating the Trend Through the Lens of Geography: Part Two: External Constraints, Madison McWithey

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Embracing Insecurity: Harm Reduction Through a No-Fault Approach to Consumer Data Breach Litigation, Max Meglio

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God’s (Pension) Plan: ERISA Church Plan Litigation in the Aftermath of Advocate Health Care Network v. Stapleton, Rebecca Miller

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Cryptocurrency Regulations Wanted: Iterative, Flexible, and Pro-Competitive Preferred, Avery Minor

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Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad

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Watt Now?: Smart Meter Data Post-Carpenter, Sarah Murphy

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Leveraging Open Educational Resources & Affordable Course Materials in Legal Education, Mary Ann Neary and Lisa Davis

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Tax Law's Workplace Shift, Shu-Yi Oei and Diane M. Ring

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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

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Democracy, Bureaucracy, and Criminal Justice Reform, Lauren M. Ouziel

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Against Bidimensional Supremacy in EU Constitutionalism, Vlad F. Perju

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Identity Federalism in Europe and the United States, Vlad F. Perju

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Compensatory Mitigation and Public Lands, Justin R. Pidot

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Developing Fiduciary Culture in Vietnam, Brian JM Quinn

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From Securities to Cybersecurity: The SEC Zeroes In on Cybersecurity, Rebecca Rabinowitz

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Recalibrating the Scales: Balancing the Persecutor Bar, David Romanow