Boston College Law Library collects the publications of Law School faculty, and, when possible, makes them available through this collection. Organized by year and tagged with authors and subject areas, this resource reflects the school and the library’s commitment to open access while at the same time serving as a valuable institutional record.
Submissions from 2020
Developing Fiduciary Culture in Vietnam, Brian JM Quinn
Are Two Employers Better Than One? An Empirical Assessment of Multiple-Employer Retirement Plans, Natalya Shnitser
Opinion analysis: Justices unanimously side with retirement-plan participant in plan reading of "actual knowledge", Natalya Shnitser
The New Fiduciaries, Natalya Shnitser
The Macroprudential Implications of the Qualified Mortgage Debate, Susan M. Wachter and Patricia A. McCoy
“Judicial Role” and Judicial Duty in Foreign Affairs, Ryan C. Williams
Rethinking Copyright's Relationship to the First Amendment, Alfred C. Yen
Choosing the Consequences of Tam and Brunetti, Alfred C. Yen
Revisiting the Western Frontier, Alfred C. Yen
Liability Waivers and Participation Rates in Youth Sports: An Empirical Investigation, Alfred C. Yen and Matthew Gregas
Making Amends by Amendment: Women's Equality and Equal Rights in the U.S., Katharine Young
Book Review: How Constitutional Rights Matter by Adam Chilton and Mila Versteeg, Katharine G. Young
Review of When Misfortune Becomes Injustice: Evolving Human Rights Struggles for Health and Social Equality by Alicia Ely Yamin, Katharine G. Young
The Idea of a Human Rights-Based Economic Recovery after COVID-19, Katharine G. Young
Submissions from 2019
Tax Competition and Tax Cooperation: A Survey and Reassessment, Hugh J. Ault
What Jurors Should Know about Informants: The Need for Expert Testimony, Robert M. Bloom
Back to the Future: The Revival of Pennoyer in Personal Jurisdiction Doctrine and the Demise of International Shoe, Robert M. Bloom and Janine A. Hanrahan
Undue Influence: A Prosecutor’s Role in Parole Proceedings, R. Michael Cassidy
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
The Library of Robert Morris, Antebellum Civil Rights Lawyer & Activist, Laurel Davis and Mary Sarah Bilder
Amicus Brief: Smith v. Kelley, Natali De Corso, Rebecca Rabinowitz, and Brian J.M. Quinn
Resistance Lawyering, Daniel S. Farbman
The Ethical Bases of Human Rights, Scott T. Fitzgibbon
Corporations are People. That's Why Arlene's Flowers Should Lose., Kent Greenfield
The Rise of the Working Class Shareholder: An Application, An Extension and a Challenge, Kent Greenfield
Why We Need Interagency Merger Review in Labor Markets, Hiba Hafiz
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
Expanded Expedited Removal: Can Fourth Amendment "Border Exceptionalism" Be Everywhere Now?, Mary Holper
10 Reasons Why Congress Should Defund ICE’s Deportation Force, Kari E. Hong
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
Congressional Testimony: Examining Private Market Exemptions as a Barrier to IPOs and Retail Investment, Renee M. Jones
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
Copyright Rulemaking: Past as Prologue, Joseph Liu
Narrowing the Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons
Conflict Preemption of State Net Neutrality Efforts After Mozilla, Daniel A. Lyons
D.C. Circuit Decision Represents Setback to Next-Generation Network Deployment Efforts, Daniel A. Lyons
Express and Conflict Preemption in State Net Neutrality Efforts, Daniel A. Lyons
In re Universal Service Contribution Methodology: Comments of Professor Daniel Lyons, Daniel A. Lyons
Justice Thomas’s Concurrence Says Much—and Little—About Preemption of State Net Neutrality Efforts, Daniel A. Lyons
Solving the Rural Broadband Gap, Daniel A. Lyons
State Net Neutrality, Daniel A. Lyons
State Net Neutrality Mandates and the Dormant Commerce Clause, Daniel A. Lyons
The Antideficiency Act Charade: A Low-Key Separation of Powers Drama, Daniel A. Lyons
Comment of Professor Patricia A. McCoy on Docket No. CFPB-2019-0039, Patricia A. McCoy
Inside Job: The Assault on the Structure of the Consumer Financial Protection Bureau, Patricia A. McCoy
Regulating Entities and Activities: Complementary Approaches to Nonbank Systemic Risk, Patricia A. McCoy, Daniel Schwarcz, and Jeremy C. Kress
Constituencies and Control in Statutory Drafting: Interviews with Government Tax Counsels, Shu-Yi Oei and Leigh Osofsky
When Data Comes Home: Next Steps in International Taxation's Information Revolution, Shu-Yi Oei and Diane M. Ring
Congressional Testimony: Intellectual Property and the Price of Prescription Drugs: Balancing Innovation and Competition, David S. Olson
Legislation and Comment: The Making of the §199A Regulations, Leigh Osofsky and Shu-Yi Oei
Appraisal Confusion: The Intended and Unintended Consequences of Delaware's Nascent Pristine Deal Process Standard, Alex Peña and Brian JM Quinn
How to Address Rule of Law Backsliding in Romania: The Case for an Infringement Action Based on Article 325 TFEU, Vlad Perju, Laurent Pech, and Sébastien Platon
A Path to International Tax Reform and Improved Wealth Distribution Across the Globe, Diane M. Ring
Silos and First Movers in the Sharing Economy Debates, Diane M. Ring
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
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
Social Justice Implications for "Retail" CED, Paul R. Tremblay
The Emergence and Influence of Transactional Practice within Clinical Scholarship, Paul R. Tremblay
Brief Thoughts About If Value/Then Right, Alfred C. Yen
Economic and social rights force us to pressure a return to the state, Katharine G. Young
The Future of Economic and Social Rights: Introduction, Katharine G. Young
The Government Shutdown: Another Step towards the Constitutional Precipice, Katharine G. Young
Waiting for Rights: Progressive Realization and Lost Time, Katharine G. Young
Submissions from 2018
Ethics Issues Inherent in Special Immigrant Juvenile State Court Proceedings - Practical Proposals for Intractable Problems, Alexis Anderson
Lawyer and Law Student Well-Being, Filippa M. Anzalone
The Constitution to The Constitution, Mary Sarah Bilder
The Ordeal and the Constitution, Mary Sarah Bilder
Top-Down or from the Ground?: A Practical Perspective on Reforming the Field of Children and the Law, Cheryl Bratt
Discriminatory Job Knowledge Tests, Police Promotions, and What Title VII Can Learn from Tort Law, Mark S. Brodin
Amicus Brief in Hedberg and Hedberg, M.D. v. Wakamatsu, M.D., Mark S. Brodin and Nickolas Merrill
Catholic Social Thought and Criminal Justice Reform, R. Michael Cassidy
A Feminist Framing of Non-Consensual Pornography, Claire P. Donohue
Comment on the Draft Report of the ICCA/Queen Mary Task Force on Third Party Funding in International Arbitration, Frank J. Garcia
Concluding Chapter: Theories of Justice and International Trade Law, Frank J. Garcia
Preface, Frank J. Garcia
Rethinking Trade Law in an Era of Trump and Brexit, Frank J. Garcia
The Case Against Third-Party Funding in Investment Arbitration, Frank J. Garcia
Third-Party Funding as Exploitation of the Investment Treaty System, Frank J. Garcia
Rethinking International Investment Governance: Principles for the 21st Century, Frank J. Garcia, Emma Aisbett, Bernali Choudhury, Olivier de Schutter, James Harrison, Song Hong, Lise Johnson, Mouhamadou Kane, Santiago Peña, Mattew Porterfield, Susan Sell, Stephen E. Shay, and Louis T. Wells
The Case Against Third-Party Funding in ISDS: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, and Rachel Denae Thrasher
Third Party Funding in International Investor-State Arbitration, Frank J. Garcia and Kirrin Hough
Restoring Trade’s Social Contract, Frank J. Garcia and Timothy Meyer
Constraining and Channeling Corporate Political Power in Trump’s America, Kent Greenfield
Corporate Constitutional Rights: Easy and Hard Cases, Kent Greenfield
Promptly Proving the Need to Detain for Post-Entry Social Control Deportation, Mary Holper
The Unreasonable Seizures of Shadow Deportations, Mary Holper
A New Mens Rea for Rape: More Convictions and Less Punishment, Kari E. Hong
How To End “Illegal Immigration”, Kari E. Hong
Weaponizing Misery: The 20-Year Attack on Asylum, Kari E. Hong
Getting it Righted: Access to Counsel in Rapid Removals, Kari E. Hong and Stephen Manning
How Irrational Actors in the CEO Suite Affect Corporate Governance, Renee M. Jones
Expedited Removal and Due Process: A "Testing Crucible of Basic Principle" in the Time of Trump, Daniel Kanstroom
History and Harvard Law School, Bruce A. Kimball and Daniel R. Coquillette
An Antitrust-Informed Approach to Regulating Internet Interconnection, Daniel A. Lyons
E-Rulemaking and the Politicization of the Comment Process, Daniel A. Lyons
Protecting States in the New World of Energy Federalism, Daniel A. Lyons
The Congressional Review Act and the Toxic Politics of Net Neutrality, Daniel A. Lyons
Brief of Amici Curiae Consumer Financial Regulation Scholars in Support of Plaintiff-Appellant, English v. Trump, No. 18-5007 (D.C. Cir.), Patricia A. McCoy