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2014

Boston College Law School

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Articles 31 - 60 of 230

Full-Text Articles in Law

Counsel For The Divorce, Rebecca Aviel Sep 2014

Counsel For The Divorce, Rebecca Aviel

Boston College Law Review

This article challenges the legal profession’s foundational assumption that legal services must be delivered in an adversarial posture, with lawyers compelled to engage in robust partisan advocacy on behalf of their clients’ individualized interests. This narrow conception of the lawyer’s role is particularly inapt in family law because many divorcing spouses actually seek joint counsel, understanding that they have profound shared interests in minimizing transaction costs, maximizing the value of the marital estate, and reducing the hostility and animosity that are so harmful to children. Couples who wish to advance these interests by retaining joint counsel are poorly ...


National Pastime(S), Tom C.W. Lin Sep 2014

National Pastime(S), Tom C.W. Lin

Boston College Law Review

In his new book, Baseball as a Road to God, New York University President and Professor of Law John Sexton submits that baseball can serve as a vehicle for living a more conscious life that elevates the human experience for lawyers and non-lawyers. This Essay examines the credibility of the book’s thesis in a world where human intelligence, human deliberation, and human action is being replaced by artificial intelligence, mathematical models, and mechanical automation. It uses the preeminent national pastime of baseball, and the less eminent pastimes of law and finance as case studies for the book’s thesis ...


Preempting The Police, David M. Jaros Sep 2014

Preempting The Police, David M. Jaros

Boston College Law Review

The challenge of regulating police discretion is exacerbated by the fact that a great deal of questionable police activity exists in the legal shadows—unregulated practices that do not violate defined legal limits because they have generally eluded both judicial and legislative scrutiny. Local law enforcement strategies, like the maintenance of unauthorized police DNA databases and the routine practice of initiating casual street encounters, threaten fundamental notions of a free society but have largely failed to elicit a judicial or legislative response. This Article argues that, instead of establishing a floor for impermissible police misconduct and then ceding responsibility to ...


Paying For Altruism: The Case Of Organ Donation Revisited, Firat Bilgel, Brian D. Galle Sep 2014

Paying For Altruism: The Case Of Organ Donation Revisited, Firat Bilgel, Brian D. Galle

Boston College Law School Faculty Papers

Although many commentators have called for increased efforts to incentivize organ donations, theorists and some evidence suggest these efforts will be ineffective or even could perversely crowd out altruistic efforts. Prior papers examining the impact of tax incentives for donations generally report zero or negative coefficients. We argue these studies incorrectly define their tax variables, and rely on difference-in-differences methods despite likely failures of the requisite parallel trends assumption. We therefore aim to identify the causal effect of tax incentive legislation to serve as an organ donor on living related and unrelated kidney donation rates in the U.S states ...


Innocence Program Externs Help Overturn Murder Verdict, Boston College Law School Sep 2014

Innocence Program Externs Help Overturn Murder Verdict, Boston College Law School

Law School Publications

No abstract provided.


Cnn Films And Bc Law Partner On Screening And Panel For New "Whitey" Film, Boston College Law School Sep 2014

Cnn Films And Bc Law Partner On Screening And Panel For New "Whitey" Film, Boston College Law School

Law School Publications

No abstract provided.


The Law In Postcards, Laurel Davis Sep 2014

The Law In Postcards, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2014 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from a gift of law-related postcards, donated by Michael H. Hoeflich.


Transparency And Disclosure, Diane M. Ring Sep 2014

Transparency And Disclosure, Diane M. Ring

Boston College Law School Faculty Papers

This chapter looks at current and proposed regimes regarding transparency and disclosure (i.e. the means by which countries gather information regarding taxpayer activity). Recent attention focused on the broad problem of base erosion and profit shifting has taken place at the OECD. This chapter addresses these issues from a developing country perspective.


Marks '14 Wins First Place In Aba Tips Law Student Writing Competition, Boston College Law School Aug 2014

Marks '14 Wins First Place In Aba Tips Law Student Writing Competition, Boston College Law School

Law School Publications

No abstract provided.


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


Students Learn New Skills Through "Leadership Challenge" Workshop, Boston College Law School Jul 2014

Students Learn New Skills Through "Leadership Challenge" Workshop, Boston College Law School

Law School Publications

No abstract provided.


Albert Elected To Ascl Executive Committee, Boston College Law School Jul 2014

Albert Elected To Ascl Executive Committee, Boston College Law School

Law School Publications

No abstract provided.


Fourteen Law Students Among Clough Center 2014-15 Fellows And Scholars, Boston College Law School Jul 2014

Fourteen Law Students Among Clough Center 2014-15 Fellows And Scholars, Boston College Law School

Law School Publications

No abstract provided.


Bc Law Magazine Summer 2014, Boston College Law School Jul 2014

Bc Law Magazine Summer 2014, Boston College Law School

Boston College Law School Magazine

No abstract provided.


Reconstructing Constitutional Punishment, Paulo D. Barrozo Jul 2014

Reconstructing Constitutional Punishment, Paulo D. Barrozo

Boston College Law School Faculty Papers

Constitutional orders punish — and they punish abundantly. However, analysis of the constitutionality of punishment tends to be reactive, focusing on constitutional violations. Considered in this light, the approach to constitutional punishment rests on conditions of unconstitutionality rather than proactively on the constitutional foundations of punishment as a legitimate liberal-democratic practice. Reactive approaches are predominantly informed by moral theories about the conditions under which punishment is legitimate. In contrast, proactive approaches call for a political theory of punishment as a legitimate practice of polities. This Article integrates the reactive and proactive approaches by bridging the divide between moral and political theories ...


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.


Pilf, Alumni Donations Fund 78 Summer Public Interest Stipends, Boston College Law School Jun 2014

Pilf, Alumni Donations Fund 78 Summer Public Interest Stipends, Boston College Law School

Law School Publications

No abstract provided.


O'Connor, Bilder Create New Resource "Appeals To The Privy Council From The American Colonies", Boston College Law School Jun 2014

O'Connor, Bilder Create New Resource "Appeals To The Privy Council From The American Colonies", Boston College Law School

Law School Publications

No abstract provided.


Albert To Chair Session At World Congress Of Constitutional Law, Boston College Law School Jun 2014

Albert To Chair Session At World Congress Of Constitutional Law, Boston College Law School

Law School Publications

No abstract provided.


The New Human Equity Transactions, Shu-Yi Oei, Diane M. Ring Jun 2014

The New Human Equity Transactions, Shu-Yi Oei, Diane M. Ring

Boston College Law School Faculty Papers

This article begins to explore the legal and policy implications of a new form of financing -- income sharing agreements -- which have raised concerns that the effectively created "equity" in humans.


Third-Year Gift Breaks Participation Record At 96%, Boston College Law School May 2014

Third-Year Gift Breaks Participation Record At 96%, Boston College Law School

Law School Publications

No abstract provided.


A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman May 2014

A “Dubious Distinction”: New Jersey’S Drug-Free School Zones & Disparately Impacted Minority Communities, Taylor R. Overman

Boston College Journal of Law & Social Justice

Richard Nixon fundamentally changed the prison system in America when he launched the “War on Drugs” in 1969, leading to a series of federal laws imposing harsh mandatory sentences on drug offenders. In an attempt to shield children from drugs, New Jersey followed other states in passing a “drug-free school zone” statute. The statute imposed harsh mandatory minimum sentences for all drug offenders arrested within 1,000 feet of schools, regardless of whether children were involved. This law has had a disparate impact on minorities in New Jersey, who disproportionately populate urban communities that happen to be located within all-encompassing ...


Statutory Prohibitions On Wrongful Birth Claims & Their Dangerous Effects On Parents, Cailin Harris May 2014

Statutory Prohibitions On Wrongful Birth Claims & Their Dangerous Effects On Parents, Cailin Harris

Boston College Journal of Law & Social Justice

Wrongful birth claims are negligence actions brought on behalf of children born with disabilities or genetic disorders that were not properly diagnosed before the child’s birth. The plaintiffs, typically the parents of the afflicted child, argue that without the defendant’s negligence, the parents would have had the opportunity to prevent the child’s birth and subsequent condition by choosing to terminate the pregnancy. A number of states have responded to the growing prevalence of wrongful birth claims by enacting legislation that bars plaintiffs from bringing wrongful birth actions. These statutes, however, pose a threat to the parental rights ...


From The “War On Poverty” To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts May 2014

From The “War On Poverty” To Pro Bono: Access To Justice Remains Elusive For Too Many, Including Our Veterans, Patricia E. Roberts

Boston College Journal of Law & Social Justice

Fifty years ago, President Lyndon B. Johnson launched the War on Poverty. The Legal Services Program of 1965, along with the Legal Services Corporation formed in 1974, considerably increased civil legal aid to America’s poor. Yet today, there is only one legal aid attorney for every 6,415 people living in poverty. Veterans, comprising 4.6% of those living in poverty, often suffer additional obstacles and extensive legal needs, including assistance in obtaining benefits to which they are entitled. While encouraging additional pro bono service among attorneys incrementally increases the availability of legal services to the poor, law school ...


Heal The Suffering Children: Fifty Years After The Declaration Of War On Poverty, Francine J. Lipman, Dawn Davis May 2014

Heal The Suffering Children: Fifty Years After The Declaration Of War On Poverty, Francine J. Lipman, Dawn Davis

Boston College Journal of Law & Social Justice

Fifty years ago, President Lyndon B. Johnson declared the War on Poverty. Since then, the federal tax code has been a fundamental tool in providing financial assistance to poor working families. Even today, however, thirty-two million children live in families that cannot support basic living expenses, and sixteen million of those live in extreme poverty. This Article navigates the confusing requirements of an array of child-related tax benefits including the dependency exemption deduction, head of household filing status, the Earned Income Tax Credit, and the Child Tax Credit. Specifically, this Article explores how altering the definition of a qualifying child ...


Left Behind With No “Idea”: Children With Disabilities Without Means, Alex J. Hurder May 2014

Left Behind With No “Idea”: Children With Disabilities Without Means, Alex J. Hurder

Boston College Journal of Law & Social Justice

This Article examines the changes to the Individuals with Disabilities Education Act (“IDEA”), which were intended to reconcile the Act with the No Child Left Behind Act of 2001, and the effect those changes have had on the education of children with disabilities. The Article highlights the important role that parents were given in the original IDEA and the procedures set up to protect that role. It then looks at the manner in which the 2004 amendments to the law and certain U.S. Supreme Court cases have undermined the ability of parents to influence the individualized education plan for ...


50 Years After The “War On Poverty”: Evaluating The Justice Gap In The Post-Disaster Context, Davida Finger May 2014

50 Years After The “War On Poverty”: Evaluating The Justice Gap In The Post-Disaster Context, Davida Finger

Boston College Journal of Law & Social Justice

The Legal Services Corporation (“LSC”), formed as part of President Lyndon B. Johnson’s War on Poverty, was one of many initiatives aimed at providing low-income individuals with equal access to justice. Today, the increasing number of people living in poverty, coupled with decreased funding for legal services, has resulted in a significant justice gap in the provision of civil legal services. Poor people do not have the kind of access to legal services that was envisioned when the LSC was created. This justice gap is no more apparent than in the post-disaster context. For example, following Hurricanes Katrina and ...


Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett May 2014

Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett

Boston College Journal of Law & Social Justice

Since the 1960s, racialized metaphors describing dysfunctional parents have been deployed by conservative policymakers to shape the way that the public views anti-poverty programs. The merging of race and welfare has eroded support for a robust social safety net, despite growing poverty and economic inequality throughout the land. This Article begins by describing the influence that metaphors have on the way people unconsciously perceive reality. It proceeds by examining historical racial tropes for Black families and how they were repurposed to create the Welfare Queen and Deadbeat Dad, the metaphorical villains of welfare programs. It also tracks the demise of ...


Introduction, Emily F. Suski May 2014

Introduction, Emily F. Suski

Boston College Journal of Law & Social Justice

No abstract provided.


Video: John Kerry '76 Discusses Law School Experience, Boston College Law School May 2014

Video: John Kerry '76 Discusses Law School Experience, Boston College Law School

Law School Publications

No abstract provided.