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 2011
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
Impairment, Discrimination, and the Legal Construction of Disability in the European Union and the United States, Vlad F. Perju
New Governance and Rights-Claims, Vlad F. Perju
The Exxon Valdez Resurfaces in the Gulf of Mexico ... and the Hazards of “Megasystem Centripetal Di-Polarity”, Zygmunt J.B. Plater
Re-Evaluating the Emerging Standard of Review for Matching Rights in Control Transactions, Brian J.M. Quinn
Shareholder Lawsuits, Status Quo Bias, and Adoption of the Exclusive Forum Provision, Brian J.M. Quinn
The Islamic Rule of Lenity, Intisar A. Rabb
Indeterminacy and the Law of Restitution, James S. Rogers
Early Scholarship Offers and the NCAA, Alfred C. Yen
Early Scholarship Offers and the NCAA, Alfred C. Yen
Submissions from 2010
Constitutional Handcuffs, Richard Albert
Presidential Values in Parliamentary Democracies, Richard Albert
Education for the Law: Reflective Education for the Law, Filippa M. Anzalone
Taxation and Non-Discrimination: A Reconsideration, Hugh J. Ault and Jacques Sasseville
The Child as a Person: A Reaction to Elizabeth Bartholet’s International Adoption: The Human Rights Position, Paulo D. Barrozo
Expounding the Law: Law and Judicial Duty, Mary Sarah Bilder
James Madison, Law Student and Demi-Lawyer, Mary Sarah Bilder
“A More Majestic Conception:” the Importance of Judicial Integrity in Preserving the Exclusionary Rule, Robert M. Bloom and David H. Fentin
"Counter-Counter Terrorism via Lawsuit" - the Bivens Impasse, George D. Brown
Australian Capital Territory Economic, Social and Cultural Rights Research Project Report, Hilary Charlesworth, Andrew Byrnes, Renuka Thilagaratnam, and Katharine G. Young
Avoiding the Avoidable: Why State Laws Need to Protect Kids from Airbags, Mary Ann Chirba
Drawing Lines in Shifting Sands: The U.S. Supreme Court's Mixed Messages on ERISA Preemption Imperil Health Care Reform, Mary Ann Chirba
ERISA Preemption of State “Play or Pay” Mandates: How PPACA Clouds an Already Confusing Picture, Mary Ann Chirba
Keep Charity Charitable, Brian D. Galle
The AMT's Silver Lining, Brian D. Galle
Three Takes on Global Justice, Frank J. Garcia
Conference on Privacy and Internet Access to Court Files, Panel Two: Should There Be Remote Public Access to Court Filings in Immigration Cases?, Robert Hinkle, David McCraw, Daniel Kanstroom, and Eleanor Acer
Doctorado Académico en Derecho, ¿Un vehículo para los transplantes jurídicos?, Gail J. Hupper
Back to Basics: Why Financial Regulatory Overhaul is Overrated, Renee M. Jones
Corporate Governance and Accountability, Renee M. Jones
Will the SEC Survive Financial Regulatory Reform?, Renee M. Jones
Red Mass: 2009 Homily, Gregory A. Kalscheur S.J.
Legal Ethics, Torture, and the “Task of the Good Lawyer:” Mukasey Agonistes, Daniel Kanstroom
Family Solidarity Versus Social Solidarity in the United States, Sanford N. Katz
Toward a Defense of Fair Use Enablement, or How U.S. Copyright Law is Hurting My Daughter, Joseph P. Liu
For MSNBC, Comcast Represents Not a Threat, But an Opportunity, Daniel A. Lyons
In re Preserving the Open Internet: Reply Comments of Professor Daniel A. Lyons, Daniel A. Lyons
Technology Convergence and Federalism: Who Should Decide the Future of Telecommunications Regulation?, Daniel A. Lyons
The Coming Fifth Amendment Challenge to Net Neutrality Regulation, Daniel A. Lyons
Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation, Daniel A. Lyons
Dawn of the Dead? A Discussion of Immortality and the Law: The Rising Power of the American Dead, Ray D. Madoff
What Leona Helmsley Can Teach Us About the Charitable Deduction, Ray D. Madoff
Law and Lawyers in the U.S.: The Hero-Villain Dichotomy, Judith A. McMorrow
Professional Responsibility in an Uncertain Profession: Legal Ethics in China, Judith A. McMorrow
The Moral Responsibility of the Corporate Lawyer, Judith A. McMorrow and Luke M. Scheuer
First Amendment Based Copyright Misuse, David S. Olson
Cosmopolitanism and Constitutional Self-Government, Vlad F. Perju
Learning From Disasters: Twenty-One Years After the Exxon Valdez Oil Spill, Will Reactions to the Deepwater Horizon Blowout Finally Address the Systemic Flaws Revealed in Alaska?, Zygmunt J.B. Plater
Setting It Straight: A Thirtieth Anniversary Gathering in Memory of the Little Tennessee River and its Valley, Zygmunt J.B. Plater
Asset Specificity and Transaction Structures: A Case Study of @Home Corporation, Brian J.M. Quinn
Normalizing Match Rights, Brian J.M. Quinn
Optionality in Merger Agreements, Brian J.M. Quinn
Farmers, Middlemen, and the New Rule of Law Movement, Brian J.M. Quinn and Anh T.T. Vu
Islamic Legal Maxims as Substantive Canons of Construction: Ḥudūd-Avoidance in Cases of Doubt, Intisar A. Rabb
The Promise of International Tax Scholarship and its Implications for Research Design, Theory and Methodology, Diane M. Ring
Who is Making International Tax Policy? International Organizations as Power Players in a High Stakes World, Diane M. Ring
Gender Matters in Juvenile Justice, Francine Sherman and Meda Chesney-Lind
Note, A Free Pass for Foreign Firms? An Assessment of SEC and Private Enforcement Against Foreign Issuers, Natalya Shnitser
Counseling Community Groups, Paul R. Tremblay
Langdell and the Invention of Legal Doctrine, Catharine P. Wells
A Preliminary First Amendment Analysis of Legislation Treating News Aggregation as Copyright Infringement, Alfred C. Yen
A Preliminary First Amendment Analysis of Leglisation Treating News Aggregation as Copyright Infringement, Alfred C. Yen
Submissions from 2009
Nonconstitutional Amendments, Richard Albert
The Fusion of Presidentialism and Parliamentarism, Richard Albert
Border Searches in the Age of Terrorism, Robert M. Bloom
An Iconic Social Activist, Mark S. Brodin
The Estate tax Non-Gap: Why Repeal a "Voluntary Tax?, Paul L. Caron and James R. Repetti
"Just Like Little Dogs": The Law Should Speak with Veracity and Respect, Scott T. FitzGibbon
Hidden Taxes, Brian D. Galle
Laboratories of Democracy? Policy Innovation in Decentralized Governments, Brian D. Galle and Joseph K. Leahy