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2012

Boston College Law School

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Articles 1 - 30 of 61

Full-Text Articles in Law

Does Stakeholder Outrage Constrain Executive Compensation? Evidence From The Determinants Of University President Pay, Brian D. Galle, David I. Walker Dec 2012

Does Stakeholder Outrage Constrain Executive Compensation? Evidence From The Determinants Of University President Pay, Brian D. Galle, David I. Walker

Boston College Law School Faculty Papers

We analyze the determinants of the compensation of private college and university presidents from 1999 through 2007. We find that the fraction of institutional revenue derived from current donations is negatively associated with compensation and that presidents of religiously-affiliated institutions receive lower levels of compensation. Looking at the determinants of contributions, we find a negative association between presidential pay and subsequent donations. We interpret these results as consistent with the hypotheses that donors to nonprofits are sensitive to executive pay and that stakeholder outrage plays a role in constraining that pay. We discuss the implications of these findings for the ...


Help Is On The Way, Jennifer Murray, Mary Ann Neary, Gail Partin Dec 2012

Help Is On The Way, Jennifer Murray, Mary Ann Neary, Gail Partin

Boston College Law School Faculty Papers

It happens all too often. You get a call from someone higher up on the food chain in your organization, be it a director, faculty member, or partner, requesting that you give a presentation the next day about some specialized legal research topic.

Everyone knows how this scenario plays out. You run around like crazy trying to pull something together in time. But what if you didn’t have to spend the night before your presentation stressed? What if you had a collection of your law librarian colleagues’ instructional materials right at your fingertips to browse, adapt, and reuse?

This ...


Massachusetts Implements Municipal Health Insurance Reform, Karen Breda Dec 2012

Massachusetts Implements Municipal Health Insurance Reform, Karen Breda

Boston College Law School Faculty Papers

In July, 2011, Massachusetts enacted a municipal health insurance reform law. In Massachusetts each city and town negotiates and contracts for health benefits separately, while state employees are insured through the state Group Insurance Commission. Facing exorbitant health care costs and decreased revenues, some municipalities had resorted to laying off employees and diverting funds earmarked for public services in order to pay for health benefits. The purpose of the legislation is to provide municipalities with the tools to effectively manage escalating health care costs.


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, Roderick M. Hills Nov 2012

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, Roderick M. Hills

Boston College Law School Faculty Papers

No abstract provided.


Why Broadband Pricing Freedom Is Good For Consumers, Daniel A. Lyons Nov 2012

Why Broadband Pricing Freedom Is Good For Consumers, Daniel A. Lyons

Boston College Law School Faculty Papers

From the introduction:

Usage-based pricing has rapidly become one of the most high-profile topics in Internet policy. In the past few years, many broadband providers have migrated from all-you-can-eat flat-rate pricing to consumption-based pricing models such as tiered service plans or data caps. This trend has been most prominent in the wireless sector, where monthly limits were an almost inevitable solution to the surge in bandwidth demand unleashed by the smartphone revolution. Some fixed broadband providers have adopted much larger data caps for residential broadband use as well.


How Bad Were The Official Records Of The Federal Convention?, Mary Sarah Bilder Oct 2012

How Bad Were The Official Records Of The Federal Convention?, Mary Sarah Bilder

Boston College Law School Faculty Papers

The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them - Secretary of the Convention William Jackson. This Article disagrees with Farrand’s conclusion that the Convention records were bad, and aims to resurrect the records and Jackson’s reputation. The Article suggests that the endurance of Farrand’s critique arises in part from misinterpretations of certain procedural components of the Convention and failure to appreciate the significance of others, understandable considering ...


The Impact Of Data Caps And Other Forms Of Usage-Based Pricing For Broadband Access, Daniel A. Lyons Oct 2012

The Impact Of Data Caps And Other Forms Of Usage-Based Pricing For Broadband Access, Daniel A. Lyons

Boston College Law School Faculty Papers

In recent years, broadband providers have introduced data caps and other plans that charge customers based on use. While regulators have generally approved of this shift, some consumer groups fear that usage-based pricing will lead to higher prices and deteriorating service. They also fear data caps allow companies like Comcast to protect their cable businesses from upstarts like Netflix.

This article evaluates the merits of data caps and other usage-based pricing strategies. Usagebased pricing shifts more network costs onto heavier Internet users. This can reduce costs for others and make broadband more accessible to low-income consumers. Usage-based pricing can also ...


"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom Oct 2012

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

Boston College Law School Faculty Papers

From the introduction:

The framing title of this Symposium—Noncitizen Participation in the American Polity—seems to present an obvious contradiction: How can noncitizens, who are by legal definition “aliens” and often seen as “outsiders;” who are frequently described as lacking full “membership” in society; and who rarely, if ever, have the right to vote, participate in the polity? In particular, can the undocumented—who by definition have violated U.S. law, who face the existential epithet of being “illegal aliens,” and who have been well-described as living under “a regime of enforced invisibility”—possibly do so? Are they even ...


The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle Oct 2012

The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle

Boston College Law School Faculty Papers

The average publicly-traded firm pays its CEO millions of dollars in deferred compensation and defined-benefit pension commitments. Scholars debate whether firms use these payments to efficiently align managerial interests with those of creditors, or whether instead they represent “hidden” forms of rent extraction. Yet others recommend these forms of debt-like incentive compensation, sometimes called “inside debt,” as a way of controlling risk-taking in systemically important financial institutions.

We argue instead that inside debt is unlikely to be efficient in either setting. Inside debt is costlier and more complex than other tools for managing risk, such as covenants or simply cutting ...


Balancing And The Unauthorized Disclosure Of National Security Information: A Response To Mark Fenster's Disclosure Effects: Wikileaks And Transparency, Mary-Rose Papandrea Oct 2012

Balancing And The Unauthorized Disclosure Of National Security Information: A Response To Mark Fenster's Disclosure Effects: Wikileaks And Transparency, Mary-Rose Papandrea

Boston College Law School Faculty Papers

In his recent article, Disclosure’s Effects: WikiLeaks and Transparency, Mark Fenster argues that WikiLeaks demonstrates the “impossibility” of balancing the public benefits of national-security-information disclosure with the effects of the disclosure on the nation’s national security and foreign policy interests. This article is a continuation of Professor Fenster’s previous work examining the costs and benefits of transparency. In his prior work, he fleshes out the criticisms of the current transparency regime that appear somewhat fleetingly here: namely, that we should question the assumption that transparency promotes an informed and engaged electorate as well as better, more responsive ...


The Role Of Charity In A Federal System, Brian D. Galle Sep 2012

The Role Of Charity In A Federal System, Brian D. Galle

Boston College Law School Faculty Papers

This Article critiques the prevailing justification for subsidies for the charitable sector and suggests a new alternative. Existing rationales are based on an economic model that assumes a single government whose decisions are guided by a single median voter. I argue that this theory is unpersuasive when translated to federal systems, such as the United States, in which there may instead be thousands of competing local governments.

I then attempt to construct a theory of the charitable sector that takes account of interactions between charity, local government, and national government. In this revised account, charity is most important when federalism ...


The Law Among Nations [Virtual Exhibit], Laurel Davis Sep 2012

The Law Among Nations [Virtual Exhibit], Laurel Davis

Rare Book Room Exhibition Programs

Digital version of a Fall 2012 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library.


Law Among Nations, Laurel Davis Sep 2012

Law Among Nations, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2012 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured early works related to international law, in editions ranging from the 15th to the 18th century.


Librarians, Legal Research, And Classroom Ipads—A Winning Combination, Alex Berrio Matamoros, Mary Ann Neary Sep 2012

Librarians, Legal Research, And Classroom Ipads—A Winning Combination, Alex Berrio Matamoros, Mary Ann Neary

Boston College Law School Faculty Papers

Will using a tablet computer in the classroom help motivate law students and engage their interest in legal research? This was the question vetted by the teaching librarians at Boston College Law Library while applying for a university grant to supply iPad 2s to instructors as part of a pilot program. After using the iPads for more than a semester, these same librarians can respond “Yes!” to the question of whether tablets stimulate student interest and interaction in the classroom.


Rare Books & Technology: Collaborating Within The Library, Laurel Davis, Chester Kozikowski Sep 2012

Rare Books & Technology: Collaborating Within The Library, Laurel Davis, Chester Kozikowski

Boston College Law School Faculty Papers

“I wish I could put all of these books in my exhibit. I feel like I’m choosing between my children, but they just won’t all fit in the display cases.” This pitiful (and admittedly melodramatic) statement from a frustrated curator to an educational technology librarian led to an incredibly fun and fruitful collaboration between library departments at Boston College Law Library.


Justice For Girls: Are We Making Progress?, Francine Sherman Aug 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

From the introduction:

Social expectations that girls behave obediently, modestly, and cautiously have been remarkably durable over more than one hundred years of juvenile justice in the United States, and throughout that time these expectations have masked structural gender discrimination. At the turn of the twentieth century, these expectations were behind the proliferation of training schools for immigrant girls who were perceived to be immoral and in need of guidance that would enable them to marry and to become responsible mothers. In the mid– and late twentieth century, these expectations supported detention and incarceration of girls for status offenses, for ...


Justice For Girls: Are We Making Progress?, Francine Sherman Aug 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the ...


The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba, Alice Noble Jul 2012

The Supreme Court Upholds The Individual Mandate: But Who Are We Talking About?, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

From the introduction:

While the Affordable Care Act’s individual mandate survived constitutional scrutiny in NFIB v. Sebelius, a Republican president and/or changes in the House or Senate this fall could lead to its demise. As campaigns shift into high gear, the law’s opponents will undoubtedly draw on the strident and jointly authored dissent of Justices Scalia, Kennedy, Thomas, and Alito. Despite the value of robust debate, relying on the dissent may be problematic due to its misperceptions about the ACA and the realities of health care. Thus, while we considered what we were waiting for in the ...


Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin Jul 2012

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Boston College Law School Faculty Papers

In the stiff competition for worst Supreme Court decision ever, two candidates stand heads above the others for the simple reason that they precipitated actual fighting wars in their times. By holding that slaves, as mere chattels, could not sue in court and could never be American citizens, and further invalidating the Missouri Compromise, which had prohibited slavery in new territories, Dred Scott v. Sanford charted the course to secession and Civil War four years later. By disenfranchising Florida voters and thereby appointing popular-vote loser George W. Bush as President, Bush v. Gore set in motion events which would lead ...


The Separation Of Higher Powers, Richard Albert Jul 2012

The Separation Of Higher Powers, Richard Albert

Boston College Law School Faculty Papers

The very first words of the very first amendment to the United States Constitution continue to frustrate the quest for constitutional clarity. The Bill of Right’s Establishment Clause commands in plain terms that “Congress shall make no law respecting an establishment of religion,” but the legal interpretation and political implications of the Clause remain contested today as ever before. What may government require of religion? What may religion demand of government? How much of its independence must religion cede to government? And how closely may government collaborate with religion? These enduring questions admit of no definitive answers, at least ...


The Consumer Financial Protection Bureau: Financial Regulation For The 21st Century, Patricia A. Mccoy, Leonard Kennedy, Ethan Bernstein Jul 2012

The Consumer Financial Protection Bureau: Financial Regulation For The 21st Century, Patricia A. Mccoy, Leonard Kennedy, Ethan Bernstein

Boston College Law School Faculty Papers

After existing regulatory systems failed to prevent the recent financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, a sweeping reform designed to alleviate the crisis and prevent its recurrence. Out of this Act, the Consumer Financial Protection Bureau was born. This new agency is charged with making markets for consumer financial products and services work for Americans, a task that was previously spread out among seven different federal agencies with varying priorities. This Article describes, with a series of concrete case studies, four key principles that have guided the Bureau as it strives to fulfill ...


The Constitutional Politics Of The Establishment Clause, Richard Albert Jul 2012

The Constitutional Politics Of The Establishment Clause, Richard Albert

Boston College Law School Faculty Papers

In these reflections presented at a Symposium hosted by Duquesne University School of Law on "The Future of the Establishment Clause in Context: Neutrality, Religion, or Avoidance?" I examine the constitutional politics driving the interpretation of the Establishment Clause. I suggest that the Supreme Court’s recent case law on taxpayer standing may signal a return to the founding design of the Establishment Clause. At the founding, the Establishment Clause constrained the actions of only the national government, disabled only Congress from establishing a religion, and vigorously protected the sovereignty of states. Each of these three signposts - national interdiction, congressional ...


The Cult Of Constitutionalism, Richard Albert Jul 2012

The Cult Of Constitutionalism, Richard Albert

Boston College Law School Faculty Papers

Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and small that we often do not fully appreciate—perhaps because constitutions take many forms that we do not generally associate with constitutionalism. From the arts, sports, trade, entertainment, politics, and war, constitutionalism is both the point of departure and the port of call. In this Article, I explore whether and how we might distinguish among these seemingly infinite types of constitutions.

First, I critique conventional distinctions separating public from private constitutions, and international from national and local constitutions. Then, I build on that deconstructive exercise to ...


Denial Of Health Insurance Premium Assistance To Legal Aliens Violates Equal Protection Provision Of Massachusetts Constitution, Karen Breda Jun 2012

Denial Of Health Insurance Premium Assistance To Legal Aliens Violates Equal Protection Provision Of Massachusetts Constitution, Karen Breda

Boston College Law School Faculty Papers

In 2006, the Massachusetts legislature created Commonwealth Care, a health insurance premium assistance program for low-income residents, including lawfully-residing aliens. Commonwealth Care is supported by both state and federal funds. Federal funding is provided via a Medicaid demonstration project pursuant to 42 U.S.C. §1315, so that Commonwealth Care is partially reimbursed by the federal government for payments made on behalf of individuals eligible for Medicaid. Legal aliens who have resided in the United States less than five years are ineligible for federal benefits, such as Medicaid, under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA ...


Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette Jun 2012

Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette

Boston College Law School Faculty Papers

The parallels between Francis Bacon’s career and that of Edward H. Cooper are obvious. Bacon was one of the great legal minds of his day and, unlike the common law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). My thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading, and is, in fact, the intellectual forebearer of the likes of ...


Evaluating The Charitable Deduction And Proposed Reforms, Brian D. Galle, Roger Colinvaux, C. Eugene Steuerle Jun 2012

Evaluating The Charitable Deduction And Proposed Reforms, Brian D. Galle, Roger Colinvaux, C. Eugene Steuerle

Boston College Law School Faculty Papers

This white paper analyzes proposed reforms to the charitable contribution deducton in light of their effects on revenues, donations, and overall nonprofit policy.


The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba, Alice Noble Jun 2012

The Supreme Court On The Affordable Care Act: What We Are Waiting For, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

From the introduction:

With the U.S. Supreme Court poised to rule on the Affordable Care Act (ACA) it is worth reminding ourselves of what, exactly, we have been waiting for.

We await a judicial opinion that could deliver a decisive blow to all or part of a massive piece of legislation and the hard-fought battles that led to its enactment, or salvage the near-century-old quest for health care reform. At the same time we await an opinion that may reshape our fundamental understanding of the Court, the power of Congress, and long-standing principles of federalism.


Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea May 2012

Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea

Boston College Law School Faculty Papers

Education officials around the country are grappling with issues surrounding public school teachers’ use of social media. Typically concerned that social media makes it easier for teachers to engage in inappropriate communications with their students, officials have adopted guidelines that prohibit K-12 teachers from using social media to communicate with their students for noncurricular purposes. In addition, teachers are frequently punished for content they or others post on social media even when their students and the school community were not the intended audience. Current doctrine leaves unclear how much authority schools have to restrict their teachers’ use of social media ...


Defining Our Terms Carefully And In Context: Thoughts On Reading (And In One Case, Rereading) Three Books, Cynthia C. Lichtenstein May 2012

Defining Our Terms Carefully And In Context: Thoughts On Reading (And In One Case, Rereading) Three Books, Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

In preparing to write this paper, I read again Walter Bagehot’s Lombard Street: A Description of the Money Market , Perry Mehrling’s The New Lombard Street: How the Fed Became the Dealer of Last Resort and John Authers’ The Fearful Rise of Markets: Global Bubbles, Synchronized Meltdowns, and How to Prevent Them in the Future. . Bagehot, of course, was the Governor of the Bank of England when he wrote what Mehrling calls his “magisterial” treatise in 1873 on how a central bank must react to a financial crisis. Mehrling is an economist and an economic historian. Authers is a ...


Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons Apr 2012

Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons

Boston College Law School Faculty Papers

From the introduction

The Vermont Supreme Court may soon consider whether federal law permits the Public Service Board to regulate certain voice-over-internet-protocol (VoIP ) services. Across the Hudson, Governor Andrew Cuomo recently sought to bar the New York Public Service Commission from adopting similar regulations. And these states are not alone: from Maine to Florida, several states are considering whether their jurisdiction over traditional telephone service encompasses this new technology, through which nearly one third of American landline households receive telephone service. If so, nationwide VoIP providers could face up to fifty new legal regimes with which they must comply before ...