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Chapter 11: The First Defeat Of The Override Attempt—In The Senate Committee On Envt&Public Works, Zygmunt J.B. Plater Feb 2014

Chapter 11: The First Defeat Of The Override Attempt—In The Senate Committee On Envt&Public Works, Zygmunt J.B. Plater

Snail Darter Documents

Text of the amendment offered by Congressman John Duncan, Sr. to the 1980 Water Appropriations Bill, which authorized the completion of the Tellico Dam and Reservoir project despite the Supreme Court's finding that the project was in violation of the Endangered Species Act.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Chapter 10: Our Citizen Briefing Points To The God Committee Staff, Zygmunt J.B. Plater Feb 2014

Chapter 10: Our Citizen Briefing Points To The God Committee Staff, Zygmunt J.B. Plater

Snail Darter Documents

Notes compiled in preparation for Zygmunt Plater's testimony before the "God Committee" - the Endangered Species Committee of the U.S. Department of the Interior - on January 23, 1979.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Chapter 11: The Duncan-Baker Rider Amendmenton The 1980 Water Projects Appropriations Bill, Zygmunt J.B. Plater Feb 2014

Chapter 11: The Duncan-Baker Rider Amendmenton The 1980 Water Projects Appropriations Bill, Zygmunt J.B. Plater

Snail Darter Documents

Text of the amendment offered by Congressman John Duncan, Sr. to the 1980 Water Appropriations Bill, which authorized the completion of the Tellico Dam and Reservoir project despite the Supreme Court's finding that the project was in violation of the Endangered Species Act.

Manuscript section from The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Fish and Killed a River. Represents a portion of the original manuscript edited out when the text was condensed for publication.


Deep Dive: Greenhouse Implications Of Energy Policies Of International Financial Institutions, David A. Wirth Feb 2014

Deep Dive: Greenhouse Implications Of Energy Policies Of International Financial Institutions, David A. Wirth

Boston College Law School Lectures and Presentations

No abstract provided.


The Home Mortgage Foreclosure Crisis: Lessons Learned, Patricia A. Mccoy Jan 2014

The Home Mortgage Foreclosure Crisis: Lessons Learned, Patricia A. Mccoy

Boston College Law School Faculty Papers

From 2007 through 2011, the United States housing market suffered a severe imbalance in supply and demand due to an excessive number both of foreclosed homes and homes awaiting foreclosure in the shadow housing inventory. Foreclosure prevention can help reduce the shadow housing inventory by keeping troubled mortgages from entering that inventory to begin with. The loan modification experience post-2008 yielded four main lessons about the best way to optimize foreclosure prevention. First, servicers should design loan modifications to lower monthly payments, including through principal reduction whenever appropriate. Second, servicers should evaluate loss mitigation as soon as possible following delinquency ...


On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson Jan 2014

On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson

Boston College Law School Faculty Papers

This piece offers commentary on two essays in the current volume of the Cornell Law Review: James Bessen and Michael J. Meurer’s The Direct Costs from NPE Disputes and David L. Schwartz and Jay P. Kesan’s Analyzing the Role of Non-Practicing Entities in the Patent System. Schwartz and Kesan’s essay critiques Bessen and Meurer and offers some further thoughts on the role of empirical work regarding non-practicing entities (NPEs). Before I begin my substantive comments on the two pieces, I must say that these two essays, which engage each other fulsomely, carefully, and respectfully, are models of ...


Constitutional Amendment By Constitutional Desuetude, Richard Albert Jan 2014

Constitutional Amendment By Constitutional Desuetude, Richard Albert

Boston College Law School Faculty Papers

Scholars have shown that written constitutions may be informally amended in various ways, for instance by judicial interpretation, statute, or executive action. But scholars have yet to fully appreciate that written constitutions may also be informally amended by desuetude. Informal amendment by constitutional desuetude occurs when a constitutional provision loses its binding force upon political actors as a result of its conscious sustained nonuse and public repudiation by political actors. Though it is a species of informal amendment, constitutional desuetude possesses unique properties. Constitutional desuetude reflects the informal repeal of a constitutional provision as a result of the establishment of ...


Constructive Unamendability In Canada And The United States, Richard Albert Jan 2014

Constructive Unamendability In Canada And The United States, Richard Albert

Boston College Law School Faculty Papers

Democratic constitutions often entrench provisions against formal amendment. For example, republicanism is formally unamendable in Italy, as is federalism in Germany, political pluralism in Portugal, and secularism in Turkey. Neither the Canadian Constitution nor the United States Constitution entrenches a similar form of formal unamendability. But both entrench a peculiar form of unamendability that results from neither constitutional design nor constitutional law but from constitutional politics. Constructive unamendability derives from a political climate that makes it practically unlikely, though not theoretically impossible, to meet the high thresholds the constitution sets for formal amendment unless constitutional politics somehow perform heroics. Faced ...


Appeals To The Privy Council From The American Colonies: An Annotated Digital Catalogue: Part 1, Sharon Hamby O'Connor, Mary Sarah Bilder Jan 2014

Appeals To The Privy Council From The American Colonies: An Annotated Digital Catalogue: Part 1, Sharon Hamby O'Connor, Mary Sarah Bilder

Boston College Law School Faculty Papers

Archived content from an interactive project available at http://amesfoundation.law.harvard.edu/ColonialAppeals/.


(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, R. Michael Cassidy Jan 2014

(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, R. Michael Cassidy

Boston College Law School Faculty Papers

This article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice” to go beyond seeking appropriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level ― promoting criminal justice policies that further broader societal ends. While other authors have explored the tensions between a prosecutor’s adversarial duties and “minister of justice” role in the context of specific litigation, few have explored what it means to be an “administer” of justice in the wider political arena. The author sets ...


The Third Way: Beyond Shareholder Or Board Primacy, Kent Greenfield Jan 2014

The Third Way: Beyond Shareholder Or Board Primacy, Kent Greenfield

Boston College Law School Faculty Papers

There is a third possibility in corporate governance: real duties imposed on boards, but which run to all the company's stakeholders not just shareholders.


Corporate Citizenship: Goal Or Fear?, Kent Greenfield Jan 2014

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Boston College Law School Faculty Papers

Discusses the conflicting opinions about corporate "citizenship." Should corporations be insulated from politics or a part of it?


"Conditional Admission" And Other Mysteries: Setting The Record Straight On The "Admission" Status Of Refugees And Asylees, Laura Murray-Tjan Jan 2014

"Conditional Admission" And Other Mysteries: Setting The Record Straight On The "Admission" Status Of Refugees And Asylees, Laura Murray-Tjan

Boston College Law School Faculty Papers

Hundreds of thousands of U.S. residents live in the country lawfully and indefinitely but are not citizens. The rules governing the lives and freedom of these residents vary depending on their immigration status. This Article explores the boundaries of and rules attaching to two such important groups–resettled refugees and asylees–and explains why they must be deemed (unconditionally) admitted under the Immigration and Nationality Act. Whether a noncitizen is deemed “admitted” often determines whether he or she will be deported–banished–from the United States. It also may determine whether the noncitizen is subject to months or years ...


Promoting The Law Library As A Gathering Place, Filippa M. Anzalone, Mary Ann Neary Jan 2014

Promoting The Law Library As A Gathering Place, Filippa M. Anzalone, Mary Ann Neary

Boston College Law School Faculty Papers

No abstract provided.


Constitutional Disuse Or Desuetude: The Case Of Article V, Richard Albert Jan 2014

Constitutional Disuse Or Desuetude: The Case Of Article V, Richard Albert

Boston College Law School Faculty Papers

Article V of the United States Constitution is in decline and disuse. Studies of comparative formal amendment difficulty, the decelerating pace of Article V amendments, and the relative infrequency of Article V amendments in the modern era – the most recent having been ratified roughly one generation ago, and the next-most recent a generation earlier – confirm the impression that Article V’s federalist supermajority requirements make the United States Constitution one of the world’s most difficult to amend formally. The consequence of formal amendment difficulty has been to reroute political actors pursuing constitutional change from formal to informal amendment. The ...


The Structure Of Constitutional Amendment Rules, Richard Albert Jan 2014

The Structure Of Constitutional Amendment Rules, Richard Albert

Boston College Law School Faculty Papers

The structure of formal constitutional amendment rules has received little scholarly attention. Constitutional designers therefore have few academic resources to guide them in designing the rules of formal amendment — perhaps the most important part of any constitution. In this Article, I fill that void by creating a new classification of formal amendment rules based on my analysis of formal amendment rules in constitutional democracies. I explain and illustrate that formal amendment rules are conceptually structured in three tiers: (1) foundations, which either entrench or are silent on the distinction between constitutional amendment and revision; (2) frameworks, consisting of one of ...


Unfit For Duty: The Officer And Director Bar As A Remedy For Fraud, Renee M. Jones Jan 2014

Unfit For Duty: The Officer And Director Bar As A Remedy For Fraud, Renee M. Jones

Boston College Law School Faculty Papers

Many commentators have questioned the efficacy of the SEC’s enforcement program in the aftermath of the 2008 financial crisis. Some criticize the agency for allowing corporate defendants to settle charges without admitting or denying liability. Others dispute the impact of astronomical fines levied against too-big-to-fail financial institutions. Still others urge prosecutors to bring criminal charges against those who led the failed financial firms to ruin. This Article, written for a symposium on SEC enforcement, focuses attention on an underutilized weapon in the SEC’s arsenal: the power to bar officers and directors of public companies from future service in ...