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2014

Boston College Law School

Antitrust and Trade Regulation

Articles 1 - 5 of 5

Full-Text Articles in Law

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.


Can We (Anti)Trust Leed?: An Analysis Of The Antitrust Implications For The Green Building Movement, Jessica Alfano Apr 2014

Can We (Anti)Trust Leed?: An Analysis Of The Antitrust Implications For The Green Building Movement, Jessica Alfano

Boston College Environmental Affairs Law Review

Sustainable construction and energy efficient structures are en vogue, and a “green building movement” has produced buildings all over the country and the world that are constructed from sustainable, energy efficient materials meant to minimize the building’s impact on the environment. A leader in this movement is the U.S. Green Building Council (USGBC), a private, non-profit organization that stresses sustainability in all areas of construction. The USGBC’s flagship work is a rating system called Leadership in Environmental Design (LEED) that measures and endorses the sustainability of a building. The success of this movement in general and the ...


Delay And Its Benefits For Judicial Rulemaking Under Scientific Uncertainty, Rebecca Haw Mar 2014

Delay And Its Benefits For Judicial Rulemaking Under Scientific Uncertainty, Rebecca Haw

Boston College Law Review

The Supreme Court’s increasing use of science and social science in its decision making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting sands of scientific and social scientific opinion endangers legal stability. The Court must be responsive, but not reactive, to new scientific findings and theories, a difficult balance for lay justices to strike. This Article argues that the Court uses delay—defined as refusing to make or change a rule in light of new scientific arguments at time one, and then making or ...


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.


Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh Feb 2014

Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh

Boston College Law Review

On July 9, 2013, in Brown v. United Airlines, Inc., the U.S. Court of Appeals for the First Circuit held that the Airline Deregulation Act (“ADA”) preempted skycaps’ common law tortious interference and unjust enrichment claims. In so holding, the First Circuit articulated a two-pronged test in an attempt to provide clarity to the relationship between the savings clause and the preemption clause of the ADA. This Comment argues that the First Circuit’s two-pronged test is faithful to U.S. Supreme Court jurisprudence and should serve as a model for other federal appeals courts until the Supreme Court ...