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 2014
Leaker Traitor Whistleblower Spy: National Security Leaks and the First Amendment, Mary-Rose Papandrea
Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This the Question?, Zygmunt J.B. Plater
Joseph Sax, A Human Kaleidoscope, Zygmunt J.B. Plater
Revitalizing the Estate Tax: 5 Easy Pieces, James R. Repetti and Paul L. Caron
The Influence of Experts, Diane M. Ring
Transparency and Disclosure, Diane M. Ring
A Dead Link or a Final Resting Place: Link Rot in Legal Citations, Nick Szydlowski
The Constructive Role of Confusion in Trademark, Alfred C. Yen
American Exceptionalism and Government Shutdowns: A Comparative Constitutional Reflection on the 2013 Lapse in Appropriations, Katharine G. Young
Submissions from 2013
The Expressive Function of Constitutional Amendment Rules, Richard Albert
Custom and Practice Unmasked: the Legal History of Massachusetts' Experience with the Unauthorized Practice of Law, Alexis Anderson
Por um Law no Mundo: Fundamentos Jusfilosóficos do Instituto da Adoção como Direito Humano, Paulo D. Barrozo
The Fourth Amendment Fetches Fido: The Future of Dog Searches, Robert M. Bloom and Dana L. Walsh
The Fraudulent Case Against Affirmative Action: The Untold Story Behind Fisher v. University of Texas, Mark S. Brodin
Notes on a Terrorism Trial – Preventive Prosecution, “Material Support” and The Role of The Judge after United States v. Mehanna, George D. Brown
Can Law Schools Prepare Students to be Practice Ready?, R. Michael Cassidy
Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy
A Decade’s Quest for Safer Drugs: Congressional Committee Green Lights Regulation of Drug Supply Chains and Compounding Manufacturers, Mary Ann Chirba and Alice Noble
Individual And Group Coverage Under The ACA: More Patches To The Federal-State Crazy Quilt, Mary Ann Chirba and Alice Noble
Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity?, Mary Ann Chirba and Alice Noble
Our Bodies, Our Cells: FDA Regulation of Autologous Adult Stem Cell Therapies, Mary Ann Chirba and Alice Noble
The ACA’s Tobacco Use Rating: Implementation, Inconsistencies and Ironies, Mary Ann Chirba and Alice Noble
The Prisoners At Guantanamo, And The Rule Of Law, Daniel R. Coquillette
Teaching Advanced Legal Research in a Flipped Classroom, Laurel Davis, Mary Ann Neary, and Susan E. Vaughn
Carrots, Sticks, and Salience, Brian D. Galle
Social Enterprise: Who Needs it?, Brian D. Galle
Between Cosmopolis and Community: Globalization and the Emerging Basis for Global Justice, Frank J. Garcia
Internet Policy’s Next Frontier: Data Caps, Tiered Service Plans, and Usage-Based Broadband Pricing, Daniel A. Lyons
Restoring Limits on the FCC's Ancillary Authority, Daniel A. Lyons
The Challenge of VoIP to Legacy Federal and State Regulatory Regimes, Daniel A. Lyons
Report of the Standing Advisory Commmitee on the Rules of Professional Conduct, Massachusetts Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct and R. Michael Cassidy
Barriers to Foreclosure Prevention During the Financial Crisis, Patricia A. McCoy
Keeping Tabs on Financial Innovation: Product Identifiers in Consumer Financial Regulation, Patricia A. McCoy and Daniel Carpenter
In Defense of the Business of Law, Judith A. McMorrow
Moving Beyond Cameras in the Courtroom: The Supreme Court, Technology, and the Media, Mary-Rose Papandrea
Cosmopolitanism in Constitutional Law, Vlad F. Perju
A Jeffersonian Challenge From Tennessee: The Notorious Case Of The Endangered “Snail Darter” Versus Tva’s Tellico Dam—And Where Was The Fourth Estate, The Press?, Zygmunt J.B. Plater
Arbitration and the Future of Delaware’s Corporate Law Franchise, Brian J.M. Quinn
Omnicare: Coercion and the New Unocal Standard, Brian J.M. Quinn
Putting Your Money Where Your Mouth Is: The Performance of Earnouts in Corporate Acquisitions, Brian J.M. Quinn
Occupy the Tax Code: Using the Estate Tax to Reduce Inequality and Spur Economic Growth, James R. Repetti and Paul L. Caron
Horizontal Equity Revisited, James R. Repetti and Diane M. Ring
Justice for Girls: Are We Making Progress?, Francine Sherman
Making Detention Reform Work for Girls: A Guide to Juvenile Detention Reform, Francine Sherman, Richard A. Mendel, and Angela Irvine
Lawyers and the New Institutionalism, Paul R. Tremblay and Judith A. McMorrow
Microaggressions in the Context of an Academic Community, Catharine P. Wells
A World of Choices, David A. Wirth
Engineering the Climate: Geoengineering as a Challenge to International Governance, David A. Wirth
The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth
Book Review of How to Fix Copyright by William Patry, Alfred C. Yen
A Reply to Jamal Greene, Katharine G. Young
The Comparative Fortunes of the Right to Health: Two Tales of Justiciability in Colombia and South Africa, Katharine G. Young
The New Economic and Social Rights, Katharine G. Young
Submissions from 2012
The Constitutional Politics of the Establishment Clause, Richard Albert
The Cult of Constitutionalism, Richard Albert
The Next Constitutional Revolution, Richard Albert
The Separation of Higher Powers, Richard Albert
The False Promise of Risk-Reducing Incentive Pay: Evidence from Executive Pensions and Deferred Compensation, Kelli A. Alces and Brian D. Galle
Challenges of “Sameness”: Pitfalls and Benefits to Assumed Connections in Lawyering, Alexis Anderson, Lynn Barenberg, and Carwina Weng
Foreword: The Way to Carnegie, Sharon L. Beckman and Paul R. Tremblay
How Bad Were the Official Records of the Federal Convention?, Mary Sarah Bilder
Mortgage Product Substitution and State Anti-Predatory Lending Laws: Better Loans and Better Borrowers?, Raphael W. Bostic, Souphala Chomsisengphet, Kathleen C. Engel, Patricia A. McCoy, Anthony Pennington-Cross, and Susan M. Wachter
Massachusetts Implements Municipal Health Insurance Reform, Karen Breda
Bush v. Gore: The Worst (or at Least Second-to-the-Worst) Supreme Court Decision Ever, Mark S. Brodin
Beyond Practical Skills: Nine Steps for Improving Legal Education Now, R. Michael Cassidy
The Model Penal Code’s Wrong Turn: Renunciation as a Defense to Criminal Conspiracy, R. Michael Cassidy and Gregory Massing
Alice Noble And Mary Ann Chirba On Severability: Life Is A Highway, Mary Ann Chirba and Alice Noble
Alice Noble And Mary Ann Chirba On The Individual Mandate Argument: Beyond Uncompensated Care, Mary Ann Chirba and Alice Noble
The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba and Alice Noble
The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba and Alice Noble
Past the Pillars of Hercules: Francis Bacon and the Science of Rulemaking, Daniel R. Coquillette
Rare Books & Technology: Collaborating within the Library, Laurel Davis and Chester Kozikowski
Jurisprudence that Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, and Death Penalty Discourse, Kurt M. Denk
Myopia, Fiscal Federalism, and Unemployment Insurance: Time to Reform UI Financing, Brian D. Galle
The Role of Charity in a Federal System, Brian D. Galle
The Tragedy of the Carrots: Economics and Politics in the Choice of Price Instruments, Brian D. Galle
The False Promise of Risk-Reducing Incentive Pay: Evidence from Executive Pensions and Deferred Compensation, Brian D. Galle and Kelli A. Alces
Evaluating the Charitable Deduction and Proposed Reforms, Brian D. Galle, Roger Colinvaux, and C. Eugene Steuerle
Beyond Bailouts: Federal Options for Preventing State Budget Crises, Brian D. Galle and Kirk J. Stark
Does Stakeholder Outrage Constrain Executive Compensation? Evidence from the Determinants of University President Pay, Brian D. Galle and David I. Walker
Deportation for a Sin: Why Moral Turpitude Is Void for Vagueness, Mary Holper
Toward a Public Enforcement Model for Directors' Duty of Oversight, Renee M. Jones and Michelle Welsh
"Alien" Litigation as Polity-Participation: The Positive Power of a "Voteless Class of Litigants", Daniel Kanstroom
The Metamorphosis of Marriage and Adoption, Sanford N. Katz and Daniel R. Katz
Hauerwas and the Law: Is there a Basis for Conversation?, M. Cathleen Kaveny
Defining Our Terms Carefully and In Context: Thoughts on Reading (And In One Case, Rereading) Three Books, Cynthia C. Lichtenstein
Net Neutrality and Nondiscrimination Norms in Telecommunications: A Historical Perspective, Daniel A. Lyons
Technology Convergence and Federalism: The Case of VoIP Regulation, Daniel A. Lyons
The Impact of Data Caps and Other Forms of Usage-Based Pricing for Broadband Access, Daniel A. Lyons
Why Broadband Pricing Freedom is Good for Consumers, Daniel A. Lyons
Brief for Cato Institute et al. as Amici Curiae Supporting Petitioners, City of Arlington Texas et al. v. Federal Communications Commission et al., Daniel A. Lyons, Cato Institute, Jonathon H. Adler, and Roderick M. Hills
Librarians, Legal Research, and Classroom iPads—A Winning Combination, Alex Berrio Matamoros and Mary Ann Neary
Public Engagement in Rulemaking: The Consumer Financial Protection Bureau’s New Approach, Patricia A. McCoy
Federal Preemption and Consumer Financial Protection: Past and Future, Patricia A. McCoy and Kathleen C. Engel
The Consumer Financial Protection Bureau: Financial Regulation for the 21st Century, Patricia A. McCoy, Leonard Kennedy, and Ethan Bernstein
Help is on the Way, Jennifer Murray, Mary Ann Neary, and Gail Partin
Appeals to the Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor and Mary Sarah Bilder
Rules versus Standards: Competing Notions of Inconsistency Robustness in Patent Law, David S. Olson and Stefania Fusco
Balancing and the Unauthorized Disclosure of National Security Information: A Response to Mark Fenster's Disclosure Effects: WikiLeaks and Transparency, Mary-Rose Papandrea