Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Boston College Law School

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 189

Full-Text Articles in Law

2010 Grad Homsey Receives Skadden Fellowship, Boston College Law School Dec 2010

2010 Grad Homsey Receives Skadden Fellowship, Boston College Law School

Law School Publications

No abstract provided.


Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind Dec 2010

Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind

Boston College Law School Faculty Papers

No abstract provided.


Bc Law To Host Legal Writing Conference, Boston College Law School Dec 2010

Bc Law To Host Legal Writing Conference, Boston College Law School

Law School Publications

No abstract provided.


Normalizing Match Rights, Brian J.M. Quinn Nov 2010

Normalizing Match Rights, Brian J.M. Quinn

Boston College Law School Faculty Papers

Argues that Delaware courts subject matching rights in merger agreements to a higher level of scrutiny when challenged.


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 ...


Bc Law Wins Aba Negotiations Competition, Boston College Law School Nov 2010

Bc Law Wins Aba Negotiations Competition, Boston College Law School

Law School Publications

No abstract provided.


Update On The Search For The Dean Of The Law School, Cuberto Garza Nov 2010

Update On The Search For The Dean Of The Law School, Cuberto Garza

Law School Publications

Letter from Provost Cuberto Garza to the Boston College Law School community about the search for a new dean of Boston College Law School.


Boston College Invites Nominations And Applications For The Position Of Dean, Boston College Law School, Boston College Law School Nov 2010

Boston College Invites Nominations And Applications For The Position Of Dean, Boston College Law School, Boston College Law School

Law School Publications

Job posting for the position of Dean, Boston College Law School


Members Of The Search Committee For The Dean Of The Law School, Boston College Law School Nov 2010

Members Of The Search Committee For The Dean Of The Law School, Boston College Law School

Law School Publications

List of the members of the search committee for the Dean of Boston College Law School, for the search begun in 2010.


For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel A. Lyons Nov 2010

For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel A. Lyons

Boston College Law School Faculty Papers

This article discusses the economics and legal ramifications of vertical integration in the cable industry following the proposed merger of Comcast Corporation and NBC-Universal.


Lalsa Wins Best Brief Award, Boston College Law School Nov 2010

Lalsa Wins Best Brief Award, Boston College Law School

Law School Publications

No abstract provided.


Former Un War Crimes Prosecution Attorney To Speak, Boston College Law School Nov 2010

Former Un War Crimes Prosecution Attorney To Speak, Boston College Law School

Law School Publications

No abstract provided.


Legitimizing The Icc: Supporting The Court's Prosecution Of Those Responsible In Darfur, Mary T. Reynolds Nov 2010

Legitimizing The Icc: Supporting The Court's Prosecution Of Those Responsible In Darfur, Mary T. Reynolds

Boston College Third World Law Journal

The conflict in Darfur is one of the world’s worst humanitarian disasters. The fact that the Sudanese government, including its current sitting head of state, played a critical role in orchestrating the murder, rape, and displacement of hundreds of thousands of people in the regionmakes the violence perpetrated in this region particularly egregious. In an effort to address these problems, the U.N. Security Council referred the matter to the International Criminal Court (ICC). After its investigation, the ICC granted an arrest warrant for President Bashir, which charged him with crimes against humanity. Under the Rome Treaty, the U ...


Racial Profiling In The Name Of National Security: Protecting Minority Travlers' Civil Liberties In The Age Of Terrorism, Yevgenia S. Kleiner Nov 2010

Racial Profiling In The Name Of National Security: Protecting Minority Travlers' Civil Liberties In The Age Of Terrorism, Yevgenia S. Kleiner

Boston College Third World Law Journal

Government-sponsored ethnic and racial profiling in the form of computerized and behavioral screening initiatives implemented as a response to 9/11 has led to the subjection of minorities to increased scrutiny and suspicion in American airports. In the name of national security, safety protocols are being enacted in non-uniform ways that disproportionally infringe on minority passengers’ civil liberties and reinforce harmful racial stereotypes. Focusing on the dissonance between basic freedoms guaranteed by the United States Constitution and the security policies implemented by the federal government, this Note argues that the disparity in scrutiny received by minority travelers is counterproductive because ...


Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa Nov 2010

Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa

Boston College Third World Law Journal

The Latin phrase nemo tenetur seipsum accusare means roughly “no man has to accuse himself.” It is the basis of our rights against selfincrimination and forced inculpation. It protects against three practical problems associated with confessions: (1) untrustworthy confessions; (2) involuntary confessions; and (3) confessions provoked through unacceptable force. This article argues that the Nemo tenetur principle was intended primarily to avoid the third problem: confessions obtained through improper methods. It examines the arguments for and against justifying the principle as a protection against either untrustworthy or involuntary confessions. The article also develops a framework to aid in the identification ...


The Early Bird Gets The Worm: A Proposal To Develop Early Intervention Shelters Throughout Massachusetts, Leah Rabinowitz Nov 2010

The Early Bird Gets The Worm: A Proposal To Develop Early Intervention Shelters Throughout Massachusetts, Leah Rabinowitz

Boston College Third World Law Journal

This Note argues that Massachusetts should create early intervention shelters to aid potential status offenders and other troubled teenagers. The current juvenile justice system deserves critique because it is too reactive and focused on problem-free outcomes such as staying arrestfree, rather than developmental outcomes such as emotional maturity. This Note explores the short-term and long-term benefits of early intervention shelters and suggests that the shelters would be a helpful solution to the problem. Massachusetts should follow the model of other states and enact legislation to create and maintain early intervention shelters on a statewide scale. Such legislation would be attentive ...


Jam Tomorrow: Distributive Justice And The Limits Of International Economic Law, Barbara Stark Nov 2010

Jam Tomorrow: Distributive Justice And The Limits Of International Economic Law, Barbara Stark

Boston College Third World Law Journal

The chasm between the rich and the poor has become unfathomable. This Article asks whether existing international economic law can bridge this chasm and effectuate distributive justice. “Distributive justice” itself is an ambiguous goal. This Article inquires, as a threshold question, what, exactly, is required for actual “distributive justice”. It takes as a starting point the relatively modest objective of the Millennium Development Goals—to halve the number living in extreme poverty by 2015. It argues that this objective is not going to be achieved under the aegis of international economic law for two reasons. First, distributive justice is not ...


"Minute And Separate": Considering The Admissibility Of Videotaped Forensic Interviews In Child Sexual Abuse Cases After Crawford And Davis, Kimberly Y. Chin Nov 2010

"Minute And Separate": Considering The Admissibility Of Videotaped Forensic Interviews In Child Sexual Abuse Cases After Crawford And Davis, Kimberly Y. Chin

Boston College Third World Law Journal

Child sexual abuse is one of the least prosecuted crimes in the United States in part because of the many evidentiary challenges prosecutors face. In 2004, the Supreme Court introduced a new standard for determining the admissibility of out-of-court statements made by declarants who are unavailable to testify at trial. In Crawford v. Washington, the Supreme Court held that testimonial statements are only admissible at trial if the declarant is unavailable to testify and there was a prior opportunity for cross-examination. This Note will examine Crawford’s impact on the admissibility of videotaped forensic interviews with child victims of sexual ...


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 Nov 2010

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

Boston College Law School Faculty Papers

Twenty years ago, after the calamitous Exxon Valdez oil spill in Alaska’s Prince William Sound, the pervasive systemic flaws—that according to the Alaska Oil Spill Commission had made a major calamity not just possible but probable—were largely cloaked behind the figure of a captain with a drinking problem. In 2010, after suffering another horrific oil incident—this one almost 20 times! larger than the Exxon Valdez spill—the question for national energy law and policy is whether, this time around, we’ll acknowledge and implement the hard systemic lessons largely avoided two decades ago. The Deepwater Horizon ...


Healthcare For All: Ensuring States Comply With The Equal Protection Rights Of Legal Immigrants, Anna C. Tavis Nov 2010

Healthcare For All: Ensuring States Comply With The Equal Protection Rights Of Legal Immigrants, Anna C. Tavis

Boston College Law Review

Noncitizens lawfully residing in the United States are considered a “discrete and insular minority” in equal protection jurisprudence. Foreclosed from meaningful political participation because of an inability to vote, this population is frequently the target of budget cuts in an economic downturn when legislators struggle to preserve benefits for their voting constituents. Recently, Massachusetts and New Jersey dealt with looming deficits by eliminating many legal permanent residents’ eligibility for state-funded health insurance programs. Each state relied on provisions in the 1996 Personal Responsibility and Work Opportunity Reconciliation Act, federal legislation that purports to allow individual states to discriminate against legal ...


Enforcing A Critical Entitlement: Preemption Claims As An Alternative Way To Protect Medicaid Recipients' Access To Healthcare, Rosemary B. Guiltinan Nov 2010

Enforcing A Critical Entitlement: Preemption Claims As An Alternative Way To Protect Medicaid Recipients' Access To Healthcare, Rosemary B. Guiltinan

Boston College Law Review

When faced with shrinking budgets and swelling Medicaid rolls, states frequently try to reduce Medicaid spending by slashing provider reimbursement rates. Reimbursement rates, however, significantly impact provider participation and consumer access to healthcare services. Therefore, such cutbacks to Medicaid’s already low rates often undermine the program’s promise of “mainstream” medical access for the poor and disabled. Medicaid beneficiaries and providers long used the court system to combat these rate cuts by suing under 42 U.S.C. § 1983 and arguing that inadequate reimbursement rates violate the “equal access provision” of the federal Medicaid Act. But in 2002, the ...


The Solicitor General's Changing Role In Supreme Court Litigation, Margaret Meriwether Cordray, Richard Cordray Nov 2010

The Solicitor General's Changing Role In Supreme Court Litigation, Margaret Meriwether Cordray, Richard Cordray

Boston College Law Review

Over the last two decades, as the Supreme Court has sharply cut back its case load, the Solicitor General has wielded the tremendous influence that comes with being the Court’s most frequent and successful litigant in new ways. In this Article, the authors examine both the causes and consequences of these changes, which have diminished the Solicitor General’s role at the certiorari stage and expanded it at the merits stage. They find that at the certiorari stage, when the Court is selecting its cases and setting its agenda, the Solicitor General is now seeking certiorari in so few ...


A Return To Form For The Exceptions Clause, Alex Glashausser Nov 2010

A Return To Form For The Exceptions Clause, Alex Glashausser

Boston College Law Review

This Article challenges the prevailing doctrinal, political, and academic view that the Exceptions Clause—which provides that “the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make”—gives Congress a license to strip the Supreme Court of jurisdiction. Properly interpreted, the facially ambiguous clause instead allows Congress to shift cases within the Court’s jurisdiction from appellate to original form. The word “Exceptions,” that is to say, applies not to “Jurisdiction” but rather to “appellate.” In its initial draft, the clause unmistakably affected only the ...


Pleadings, Proof, And Judgment: A Unifed Theory Of Civil Litigation, Michael S. Pardo Nov 2010

Pleadings, Proof, And Judgment: A Unifed Theory Of Civil Litigation, Michael S. Pardo

Boston College Law Review

The U.S. Supreme Court’s recent pleadings decisions—Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal—have injected considerable chaos into the system of civil litigation. The decisions impose an uncertain “plausibility” requirement and appear to endorse an increased power of district courts to dismiss complaints—a power that may be employed in an unprincipled, normatively problematic manner. The current pleading issues resemble similar issues that have arisen with summary judgment and judgment as a matter of law. This Article argues that there has been a significant failure at both the doctrinal and theoretical levels to relate these ...


Fourth Amendment Pragmatism, Daniel J. Solove Nov 2010

Fourth Amendment Pragmatism, Daniel J. Solove

Boston College Law Review

This Essay argues that the Fourth Amendment reasonable expectation of privacy test should be abandoned. Instead of engaging in a fruitless game of determining whether privacy is invaded, the U.S. Supreme Court should adopt a more pragmatic approach to the Fourth Amendment and directly face the issue of how to regulate government information gathering. There are two central questions in Fourth Amendment analysis: (1) the Coverage Question—does the Fourth Amendment provide protection against a particular form of government information gathering? and (2) the Procedure Question—how should the Fourth Amendment regulate this form of government information gathering? The ...


Who's Left Standing For State Sovereignty?: Private Party Standing To Raise Tenth Amendment Claims, Katherine A. Connolly Nov 2010

Who's Left Standing For State Sovereignty?: Private Party Standing To Raise Tenth Amendment Claims, Katherine A. Connolly

Boston College Law Review

Although the U.S. Supreme Court in recent years has reaffirmed the substantive force of the Tenth Amendment, it has not resolved the fundamental question of who has standing to raise claims under the Amendment. The Court’s reticence on the matter has sparked a rapidly intensifying split between those U.S. courts of appeals that allow private parties to raise claims under the Tenth Amendment and those—currently the majority—that allow only states to raise Tenth Amendment claims. This Note argues that circuit courts denying private parties standing erroneously rely on dicta from the Supreme Court’s 1939 ...


Quinn's Blog Named Top 25 By Lexisnexis, Boston College Law School Oct 2010

Quinn's Blog Named Top 25 By Lexisnexis, Boston College Law School

Law School Publications

No abstract provided.


Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow Oct 2010

Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow

Boston College Law School Faculty Papers

The rapidly expanding Chinese legal profession provides an extraordinary opportunity for the U.S. legal profession to test U.S. assumptions about legal ethics. This essay examines challenges facing Chinese legal education and the Chinese legal profession as it develops norms of legal ethics. This essay examines this process from the law school and law student’s perspective about legal ethics, and then briefly explores the effort to create norms of attorney conduct from a top-down perspective. Both a bottom-up and top-down view show the tremendous challenges facing the emerging Chinese legal culture in building a coherent model of lawyering ...


Lunchtime Program: Postseason College Football, The Bcs, And The National Championship, Roy Kramer, Matthew Sanderson, Jeremy Schaap Oct 2010

Lunchtime Program: Postseason College Football, The Bcs, And The National Championship, Roy Kramer, Matthew Sanderson, Jeremy Schaap

The NCAA at 100

No abstract provided.


Bc Law To Host Aba Roundtable Event, Boston College Law School Oct 2010

Bc Law To Host Aba Roundtable Event, Boston College Law School

Law School Publications

No abstract provided.