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Submissions from 2018

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Pathologizing “Radicalization” and the Erosion of Patient Privacy Rights, Kelly Morgan

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The Federal Equity Power, Michael T. Morley

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Non-Enforcement Takings, Timothy M. Mulvaney

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Polar Opposites: Assessing the State of Environmental Law in the World's Polar Regions, Mark P. Nevitt and Robert V. Percival

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An Electrifying Expansion of Judicial Review of Agency Actions in PSEG Energy Resources & Trade LLC, Anna Nikolayeva

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Unfaithful but Not Without Privacy Protections: The Seventh Circuit Addresses When Courts Should Consider an E-Mail Interception Unlawful in Epstein v. Epstein, Joseph Noreña

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The Offshore Tax Enforcement Dragnet, Shu-Yi Oei

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The Trouble with Gig Talk: Choice of Narrative and the Worker Classification Fights, Shu-Yi Oei

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Leak-Driven Law, Shu-Yi Oei and Diane M. Ring

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The Wealth Gap and the Racial Disparities in the Startup Ecosystem, Lynnise E. Pantin

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Double Sovereignty in Europe? A Critique of Habermas's Defense of the Nation-State, Vlad F. Perju

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On the (De-)Fragmentation of Statehood in Europe: Reflections on Ernst-Wolfgang Böckenförde’s Work on European Integration, Vlad F. Perju

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Crowdfunding Civil Justice, Ronen Perry

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Response Regarding Bureau Enforcement Processes (Docket No. CFPB-2018-0003), Christopher L. Peterson and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Semantic Hygiene for the Law of Regulatory Takings, Due Process, and Unconstitutional Conditions—Making Use of a Muddy Supreme Court Exactions Case, Zygmunt J.B. Plater and Michael O'Loughlin

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The Road Beyond Kiobel: The Fifth Circuit's Decision in Adhikari v. Kellogg Brown & Root, Inc. and its Implications for the Alien Tort Statute, Vasundhara Prasad

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The Impact of the 2017 Act's Tax Rate Changes on Choice of Entity, James R. Repetti

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A Pro Debtor and Majority Approach to the "Automatic Stay" Provision of the Bankruptcy Code—In re Cowen Incorrectly Decided, Claudia A. Restrepo

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Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws, Richard C. Reuben

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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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Consumers, Seller-Advisors, and the Psychology of Trust, Justin Sevier and Kelli Alces Williams

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Healthcare Promises for Public Employees, Natalya Shnitser

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An Empirical Study of Rule 609 and Suggestions for Practical Reform, Ric Simmons

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Writing the Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title III of the Americans with Disabilities Act, Daniel Sorger

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Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees of Educational Institutions to Bypass Title VII and Bring Claims Under Title IX in Doe v. Mercy Catholic Medical Center, Lauren Stewart

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The New Family Freedom, Emily J. Stolzenberg

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Coding with the Building Blocks of the Web, Nick Szydlowski

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No Public Benefits for Public Benefit: The Eleventh Circuit's Narrow Approach to Copyright Registration, Emily B. Tate

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The Regulation of Third Party Funding: Gathering Data for Future Analysis and Reform, Rachel Denae Thrasher

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Blank Slates, Matthew Tokson

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At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, Paul R. Tremblay

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Response Regarding Bureau Financial Education Programs (Docket No. CFPB-2018-0015), Carly Urban, J. Michael Collins, Stephanie Moulton, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Remaking Making: Integrating Self-Replicating Technologies with the Exhaustion Doctrine, Adanna Uwazurike

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Adding to the List: The Latest Development in the Anomalous Seventh Circuit Substantial Compliance Approach, Julian Viksman

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Public Entities Become a Model Against Age Discrimination: Expanding the Definition of "Employer" in Guido v. Mount Lemmon Fire District, Kathryn Weston

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Response Regarding Bureau Rules of Practice for Adjudication Proceedings (Docket No. CFPB–2018–0002), David Zaring, Jayme Wiebold, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Closing the Regulatory Gap for Synthetic Nicotine Products, Patricia J. Zettler, Natalie Hemmerich, and Micah L. Berman

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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Institutional Conditions of Contemporary Legal Thought, Paulo D. Barrozo

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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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2017 BC Law Commencement Awards Ceremony, Boston College Law School and Vincent D. Rougeau

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Recalibrating International Investment Law, Eric de Brabandere and Sebastian Lopez Escarcena

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

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From Dog-Whistle to Megaphone: The Trump Regime’s Cynical Assault on Affirmative Action, Mark S. Brodin

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The Federal Anti-Corruption Enterprise After McDonnell: Lessons from the Symposium, George D. Brown

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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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The Grand Jury: A Shield of a Different Sort, R. Michael Cassidy and Julian A. Cook III

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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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Creative Solutions to the Opioid Crisis Panel 2, Felice Freyer, Peter Koutoujian, Christopher Mitchell, and Alexander Walley

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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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Globalization, Inequality & International Economic Law, Frank J. Garcia

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TPF and ISDS: A Public Comment on the Draft Report of the ICCA/Queen Mary Task Force on Third Party Funding in International Arbitration, Frank J. Garcia, Leo Gargne, Eric De Brabandere, Rachel Denae Thrasher, and William Park

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Third Party Funding and ISDS, Frank J. Garcia, William W. Park, Narghis Torres, Leo Gargne, and Rachel Thrasher