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 2012
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
Social Media, Public School Teachers, and the First Amendment, Mary-Rose Papandrea
Constitutional Transplants, Borrowing, and Migrations, Vlad F. Perju
Proportionality and Freedom -- An Essay on Method in Constitutional Law, Vlad F. Perju
Provocation: Law's Republics, Vlad F. Perju
Classic Lessons from a Little Fish in a Pork Barrel - Featuring the Notorious Story of the Endangered Snail Darter and the TVA's Last Dam, Zygmunt J.B. Plater
Justice for Girls: Are We Making Progress?, Francine Sherman
Justice for Girls: Are We Making Progress?, Francine Sherman
The Measure of Injury: Race, Gender and Tort Law, Catharine P. Wells
Thoughts on Duncan Kennedy's Third Globalization, Catharine P. Wells
Review of The Law of Adaptation to Climate Change: U.S. and International Aspects edited by Michael B. Gerrard and Katrina Fischer Kuh, David A. Wirth
Redemptive and Rejectionist Frames: Framing Economic, Social, and Cultural Rights for Advocacy and Mobilization in the United States, Katharine G. Young
The Comparative Turn: Accident, Coincidence or Fate, Katharine G. Young
Submissions from 2011
The Constitutional Politics of Presidential Succession, Richard Albert
The Constitutional Politics of the Tea Party Movement, Richard Albert
Blood Transfusions, Jehovah’s Witnesses, and the American Patients’ Rights Movement, Charles H. Baron
Finding Home in the World: A Deontological Theory of the Right to Be Adopted, Paulo D. Barrozo
The Dodd-Frank Act: Act Changes Legal Landscape of Insurance, Karen Breda
Ricci v. DeStefano: The New Haven Firefighters Case and the Triumph of White Privilege, Mark S. Brodin
What One Lawyer Can Do for Society: Lessons from the Remarkable Career of William P. Homans, Jr., Mark S. Brodin
Accountability, Liability, and the War on Terror -- Constitutional Tort Suits as Truth and Reconciliation Vehicles, George D. Brown
Plea Bargaining, Discovery, and the Intractable Problem of Impeachment Disclosures, R. Michael Cassidy
Some Reflections on Ethics and Plea Bargaining: An Essay in Honor of Fred Zacharias, R. Michael Cassidy
FDA Oversight of Autologous Stem Cell Therapies: Legitimate Regulation of Drugs and Devices or Groundless Interference with the Practice of Medicine?, Mary Ann Chirba and Stephanie M. Garfield
FDA Oversight of Autologous Stem Cell Therapies: Legitimate Regulation of Drugs and Devices or Groundless Interference with the Practice of Medicine?, Mary Ann Chirba and Stephanie M. Garfield
Zacharias’s Prophecy: The Federalization of Legal Ethics Through Legislative, Court, and Agency Regulation, Daniel R. Coquillette and Judith A. McMorrow
Educational Justice and the Recognition of Marriage, Scott T. Fitzgibbon
Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott T. Fitzgibbon
‘That Man is You!’ The Juristic Person and Faithful Love, Scott T. FitzGibbon
Is Cap and Trade Fair to the Poor? Short-Sighted Households and the Timing of Consumption Taxes, Brian D. Galle
Recessions and the Social Safety Net: The Alternative Minimum Tax as a Counter-Cyclical Fiscal Stabilizer, Brian D. Galle
The Distortionary Effects of Subsidies for Charity in a Federal System, Brian D. Galle
The Politics of Federalism: Self-Interest or Safeguards? Evidence from Congressional Control of State Taxation, Brian D. Galle
The Taxing Power, the Affordable Care Act, and the Limits of Constitutional Compromise, Brian D. Galle
Conclusion to "Global Justice and International Economic Law: Opportunities and Prospects", Frank J. Garcia
Doha, Security and Justice: A Response to Prof. Raj Bhala, Frank J. Garcia
Theories of Justice and International Economic Law, Frank J. Garcia and Lindita Ciko
Free Will Paradigms, Kent Greenfield
Law, Politics, and the Erosion of Legitimacy in the Delaware Courts, Kent Greenfield
The Puzzle of Short-termism, Kent Greenfield
Unconscionability and Consent in Corporate Law (A Comment on Cunningham), Kent Greenfield
Interstate Variation in Use of Narcotics, Dean M. Hashimoto, Dongchun Wang, and Kathryn Mueller
The New Moral Turpitude Test: Failing Chevron Step Zero, Mary Holper
The Role of Good Faith in Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?, Daniel Kanstroom
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, and the Rule of Law, Daniel Kanstroom
The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment, Daniel Kanstroom
Preserving the Family Through Change for the Sake of Future Generations, Sanford N. Katz
What Legal Employers Want...and Really Need: Report from a Conference at Boston College Law School, Elisabeth A. Keller, E. Joan Blum, Mary Ann Chirba, and Judith B. Tracy
The New Public Domain, Joseph P. Liu
Sports Merchandising, Publicity Rights, and the Missing Role of the Sports Fan, Joseph P. Liu
Tethering the Administrative State: The Case Against Chevron Deference for FCC Jurisdictional Claims, Daniel A. Lyons
Tethering the FCC: The Case Against Chevron Deference for Jurisdictional Claims, Daniel A. Lyons
A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws, David S. Olson
The Free Speech Rights of Off-Duty Government Employees, Mary-Rose Papandrea
The Publication of National Security Information in the Digital Age, Mary-Rose Papandrea