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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, Kate Bronfenbrenner Jan 2019

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, Kate Bronfenbrenner

Boston College Law School Faculty Papers

Comment drafted to the National Labor Relations Board's request for comment on a proposed rule-making to define what constitutes a "joint employer" for the purposes of the National Labor Relations Act's strictures.


Complementary Macroprudential Regulation Of Nonbank Entities And Activities, Patricia A. Mccoy, Daniel Schwarcz, Jeremy Kress Sep 2018

Complementary Macroprudential Regulation Of Nonbank Entities And Activities, Patricia A. Mccoy, Daniel Schwarcz, Jeremy Kress

Boston College Law School Faculty Papers

In this blog entry, the authors describe their forthcoming law review article in Southern California Law Review.


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, Louis T. Wells Aug 2018

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, Louis T. Wells

Boston College Law School Faculty Papers

Rethinking International Investment Governance: Principles for the 21st Century - written over the course of a week by a distinguished group of experts in international economic governance using the Booksprint process - aims to serve as a practical resource for those interested in the elements of an international investment system that promotes sustainable development and achieves legitimacy by providing benefits to all stakeholders.

The objective of Rethinking International Investment Governance is to change the terms of the debate so that societal values and goals are at the center of discussions about each reform proposal and process. This book rethinks international investment law ...


An Antitrust-Informed Approach To Regulating Internet Interconnection, Daniel A. Lyons Jul 2018

An Antitrust-Informed Approach To Regulating Internet Interconnection, Daniel A. Lyons

Boston College Law School Faculty Papers

For over a decade, net neutrality has dominated telecommunications policy. Advocates targeted broadband networks because of their strategic position as the gateway to consumers, which potentially positions them to shape the flow of information online. Yet as former the Federal Communications Commission (“FCC” or the “Commission”) Chairman Julius Genachowski noted, these broadband providers are merely the “onramps” to the Internet— the last mile of a system that brings over 35,000 networks together to move information packets from origin to destination.

Interconnection agreements stitch these networks together. These arms’ length transactions define the terms by which networks exchange traffic with ...


Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia Apr 2018

Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


The Case For An Eu Protagonist Role On Third Party Funding Regulation, Munia El Harti Alonso Apr 2018

The Case For An Eu Protagonist Role On Third Party Funding Regulation, Munia El Harti Alonso

Law and Justice in the Americas Working Paper Series

The Lisbon Treaty has enlarged the EU’s competences in external investment policy. The EU could thus increase its protagonist role in third-party funding (TPF) regulation in a manner analogous to its achievements in the investment regime, where the EU managed to rally the member states behind DG Trade’s vision. A treaty-based analysis combined with a political evaluation suggest the EU is expanding its field of competences either when it has a clear mandate or by establishing a modus vivendi as it has been the case with its external relations, particularly at the United Nations. There is therefore a ...


The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher Apr 2018

The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher

Boston College Law School Faculty Papers

No abstract provided.


The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher Apr 2018

The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher

Law and Justice in the Americas Working Paper Series

Third-party funding (TPF) is a relatively new phenomenon in the field of international investment arbitration. TPF takes place when a non-party to a dispute provides funding to one of the parties (usually the claimant) in return for a percentage of the amount recovered. International investment arbitration is a unique context, however, because investor-states dispute settlement puts States always in the role of respondent and private investors in the role of claimants. Despite this apparent imbalance, TPF proponents argue, among other things, that it provides much needed access to justice for poorer clients and adds value to the system by providing ...


Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett Apr 2018

Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett

Law and Justice in the Americas Working Paper Series

The United Nations Commission on International Trade Law (UNCITRAL) is considering changes to its rules governing international arbitration proceedings. UNCITRAL Working Group III is analyzing possible reforms of the arbitral rules to address the risks associated with the increased prevalence of third-party funded investment arbitration claims. Funders claim that existing regulation is sufficient, arguing in part that funding provides access to justice for impecunious claimants who otherwise would be unable to bring claims. This essay argues that funders’ access to justice reasoning is flawed at best and dangerously misleading at worst. UNCITRAL must take immediate action to address the potential ...


Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia Apr 2018

Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia

Boston College Law School Faculty Papers

Third-party funding of international investment arbitration is on the rise. Through TPF funders will cover the legal fees of investors filing claims under investment treaties in exchange for a portion of the arbitral award. Proponents of third-party funding claim that it provides access to justice for parties that normally would not have the funds to arbitrate against state actors. Given that the international investment law that governs these claims is unbalanced, and that funding only flows towards investor-claimants, and at the expense of states and their taxpayers, allowing third-party funding in investment arbitration risks creating unjustifiable wealth transfers from the ...


Leak-Driven Law, Shu-Yi Oei, Diane M. Ring Apr 2018

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

Boston College Law School Faculty Papers

Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote “sunshine” and exchange of financial information between countries.

The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom ...


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 Feb 2018

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

Boston College Law School Faculty Papers

No abstract provided.


Revisiting Net Neutrality, Daniel A. Lyons Nov 2017

Revisiting Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


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, William Park Oct 2017

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, William Park

Law and Justice in the Americas Working Paper Series

Transcription of a panel at the conference "Reforming International Investment Law: Opportunities, Challenges, Paradigms", sponsored by Boston College Law School and the Pontifical Catholic University of Chile. This transcription was presented in April 2018 as a public comment on the Draft Report of the ICCA/Queen Mary Task Force on Third Party Funding in International Arbitration.


Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel A. Lyons Apr 2015

Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s new Open Internet rules seek to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the rules may significantly reduce the amount of innovation possible in the broadband service market. An aggressive interpretation of the rules suggests that broadband providers are generally required to offer customers access to all lawful Internet traffic, or none at all.

This paper explores the way in which this all-or-nothing homogenization of the American broadband product differs from innovative non-net-neutral practices that are taking root in other countries, particularly in mobile markets. Around the ...


Compelled Disclosure Of Internet Interconnection Agreements Creates Anticompetitive Risks, Daniel A. Lyons Jun 2014

Compelled Disclosure Of Internet Interconnection Agreements Creates Anticompetitive Risks, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Peering Into The Comcast-Netflix Deal, Daniel A. Lyons Mar 2014

Peering Into The Comcast-Netflix Deal, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


The Challenge Of Voip To Legacy Federal And State Regulatory Regimes, Daniel A. Lyons Apr 2013

The Challenge Of Voip To Legacy Federal And State Regulatory Regimes, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Internet Policy’S Next Frontier: Data Caps, Tiered Service Plans, And Usage-Based Broadband Pricing, Daniel A. Lyons Mar 2013

Internet Policy’S Next Frontier: Data Caps, Tiered Service Plans, And Usage-Based Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

Usage-based pricing has rapidly become one of the most controversial topics in Internet policy. Both wired and wireless broadband providers are migrating from flat-rate pricing to a variety of consumption-based pricing models. Some consumer groups have viewed the change to usage-based pricing with skepticism, fearing it will usher in an era of higher prices, deteriorating service, and increasingly anticompetitive conduct.

This article evaluates the merits of data caps, tiered-service plans, and other usage-based pricing strategies. It finds that usage-based broadband pricing is not inherently anti-consumer or anti-competitive. Rather, it reflects a cluster of pricing strategies through which a broadband company ...


Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel A. Lyons Jun 2011

Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel A. Lyons

Boston College Law School Faculty Papers

Despite the Administration's recent rhetoric about regulatory review, regulation and re-regulation seems destined to be a primary theme of President Obama‟s first term. From the financial markets and consumer lending to the health care industry, the President and Congress have enacted statutes designed to curb what they saw as prior Administrations' deregulatory excesses. The Federal Communications Commission has been an eager participant in this regulatory and re-regulatory wave: since 2009, under Chairman Genachowski's leadership, the agency has adopted several new initiatives, ranging from a proposal to regulate set-top box video navigation devices to various measures to regulate ...


Will The Sec Survive Financial Regulatory Reform?, Renee M. Jones Nov 2010

Will The Sec Survive Financial Regulatory Reform?, Renee M. Jones

Boston College Law School Faculty Papers

The Securities and Exchange Commission’s (“SEC”) conspicuous failures during the financial crisis of 2008 have led many to question the agency’s relevance in the modern financial era. Some commentators have called for the creation of new super-agencies to assume a substantial portion of the SEC’s duties. Others highlight enforcement failures and question the agency’s commitment to its investor protection mission. Despite its recent missteps and persistent calls for regulatory overhaul, the SEC’s future seems secure for now as President Obama’s reform proposals (the “Obama Plan”) as currentlyconceived preserve the agency’s independence. Although thus ...


First Amendment Based Copyright Misuse, David S. Olson Mar 2010

First Amendment Based Copyright Misuse, David S. Olson

Boston College Law School Faculty Papers

We are at a crossroads with respect to the under-developed equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or – if judges accept the proposal of this Article – courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control other’s speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the ...


Back To Basics: Why Financial Regulatory Overhaul Is Overrated, Renee M. Jones Jan 2010

Back To Basics: Why Financial Regulatory Overhaul Is Overrated, Renee M. Jones

Boston College Law School Faculty Papers

No abstract provided.


The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia Jul 2008

The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia

Boston College Law School Faculty Papers

Global regulation of international business transactions presents a particular form of the moral hazard problem. Global firms use economic and political power to manipulate state and state-controlled multilateral regulation to preserve their opportunity to externalize the social costs of global economic activity with impunity. Unless other actors can effectively counter this at the national and global regulatory levels, globalization re-creates the conditions for under-regulated or “robber baron” capitalism at the global level. This model of economic activity has been rejected at the national level by the same modern democratic capitalist states which currently dominate globalization, creating a crisis of legitimacy ...


A "Fair" Trade Law Of Nations Or A "Fair" Global Law Of Economic Relations?, Frank J. Garcia Nov 2007

A "Fair" Trade Law Of Nations Or A "Fair" Global Law Of Economic Relations?, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Global Justice And The Bretton Woods Institutions, Frank J. Garcia Sep 2007

Global Justice And The Bretton Woods Institutions, Frank J. Garcia

Boston College Law School Faculty Papers

Together with the WTO, the Bretton Woods Institutions are the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. This essay explores how justice criteria might apply to the ideology and operations of the World Bank and the International Monetary Fund. Using the Rawlsian model of egalitarian justice adapted to international institutions by the author in connection with the WTO, this essay asks what difference it would make for the Bank and Fund if an explicit justice framework informed their international lending activities.


Hazardous Substances And Activities, David A. Wirth Feb 2007

Hazardous Substances And Activities, David A. Wirth

Boston College Law School Faculty Papers

This piece analyzes and critically evaluates the enormous number and variety of international instruments addressing the regulation of hazardous substances and activities, from consumer products to nuclear power plants. International authorities are categorized according to regulatory theory, ranging from hazard identification and testing to disposal. Other regulatory approaches include limitations on pollutant releases, prevention of and response to industrial accidents, and international trade in toxic chemicals and waste. Multilateral norms originating from global and regional institutions, UN specialized agencies, and non-UN organizations are analyzed. The piece addresses both "hard" (binding or conventional) and "soft" (nonbinding) instruments, correlating legal form with ...


Globalization And The Environment: Why All The Fuss?, David A. Wirth Feb 2007

Globalization And The Environment: Why All The Fuss?, David A. Wirth

Boston College Law School Faculty Papers

The relationship between globalization and environmental policies presents more nuances than the popular paradigm of free trader versus self-serving protectionists, the familiar model of environmentalist battling greedy polluters, or the outmoded view of a progressive multilateral agenda juxtaposed against a parochial, inward-looking domestic one. This piece sets out a structural and analytical framework for addressing the major issues in the field -- including (1) unilateral trade-based measures to protect the environment; (2) science-based tests applied through trade agreements; (3) disciplines on foreign investment that may have a "chilling effect" on environmental regulation; and (4) the relationship between free trade agreements and ...


Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia Jan 2007

Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia

Boston College Law School Faculty Papers

In order for free trade as a policy to deliver fully on its social promise, it must be both “free” and “trade.” In fact, it must be free, in the sense of voluntary, to be trade at all. In other words, for normative and practical reasons, free trade requires that global economic relations be structured through agreements which reflect the consent of those subject to them. The neoliberal trading system today only imperfectly lives up to this obligation. In this essay, I will examine the role of consent in trade agreements, drawing on examples from CAFTA as representative of important ...


The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth Jul 2006

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

Boston College Law School Faculty Papers

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of ...