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Restoring Tradition: The Inapplicability Of Tva V. Hill's Endangered Species Act Injunctive Relief Standard To Preliminary Injunctive Relief Of Non-Federal Actors , Brandon M. Middleton 2010 University of Missouri School of Law

Restoring Tradition: The Inapplicability Of Tva V. Hill's Endangered Species Act Injunctive Relief Standard To Preliminary Injunctive Relief Of Non-Federal Actors , Brandon M. Middleton

Journal of Environmental and Sustainability Law

No abstract provided.


From "Personal Autonomy" To "Death-On-Demand": Will Purdy V. Dpp Legalize Assisted Suicide In The United Kingdom?, Carol C. Cleary 2010 Boston College Law School

From "Personal Autonomy" To "Death-On-Demand": Will Purdy V. Dpp Legalize Assisted Suicide In The United Kingdom?, Carol C. Cleary

Boston College International and Comparative Law Review

Debates over end-of-life issues and the “right to die” are becoming increasingly prevalent in many modern societies. In July 2009 the House of Lords addressed the question of whether the legal framework governing assisted suicide in the United Kingdom constitutes an unjustifiable infringement on privacy rights. The court decided that question in the affirmative, and this Note discusses the implications of Purdy v. Director of Public Prosecutions for the legality of assisted suicide in the United Kingdom. This Note uses evidence of legal developments in other jurisdictions that have grounded the right to assisted suicide in personal autonomy to argue ...


Debunking The "End Of History" Thesis For Corporate Law, Leonard I. Rotman 2010 Boston College Law School

Debunking The "End Of History" Thesis For Corporate Law, Leonard I. Rotman

Boston College International and Comparative Law Review

In their article, “The End of History for Corporate Law,” Henry Hansmann and Reinier Kraakman proclaimed the triumph of the shareholder primacy norm over competing progressive theories of the corporation. This Article debunks Hansmann and Kraakman’s “end of history” thesis on both U.S. and Canadian corporate law grounds. A critical examination of high-profile U.S. corporate law jurisprudence indicates that the shareholder primacy norm cannot be supported, even by cases such as Dodge v. Ford and Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., which exist at the foundation of shareholder primacy arguments. Further, Canadian corporate law jurisprudence and ...


China's Anti-Monopoly Law: Protectionism Or A Great Leap Forward?, Britton Davis 2010 Boston College Law School

China's Anti-Monopoly Law: Protectionism Or A Great Leap Forward?, Britton Davis

Boston College International and Comparative Law Review

Thirty years since China’s markets opened to the world, the People’s Republic has seen impressive growth, in large part due to an openness to foreign investment. In 2009, China was one of few nations to experience GDP growth. With a market based on competition for the first time in decades, China has begun to promulgate antitrust legislation to curb anticompetitive behavior. The creation of an Anti-Monopoly Law in 2008 has prompted concern from outside China that the law will be used to promote a protectionist agenda, shielding Chinese domestic industry from foreign competition or investment. This Note examines ...


Piracy Laws And The Effective Prosecution Of Pirates, Diana Chang 2010 Boston College Law School

Piracy Laws And The Effective Prosecution Of Pirates, Diana Chang

Boston College International and Comparative Law Review

This Note analyzes the current international legal framework for the punishment and prosecution of maritime piracy. Piracy is an international problem that disrupts global maritime trade and endangers the safety and security of crewmen and ship owners. Although it is a well-recognized principle that each state has universal jurisdiction to prosecute pirates, the conflicting international definitions of piracy and the preponderance of attacks near states that lack resources to effectively prosecute pirates create a gap in enforcement within the international legal framework. This Note proposes that cooperating states should establish regional international piracy tribunals that can apply an appropriate, uniform ...


Taming The Perfect Poison: A Comparative Analysis Of The Emea's Epar System And The Fda's Improved Warning Protocol, Nicholas R. kennedy 2010 Boston College Law School

Taming The Perfect Poison: A Comparative Analysis Of The Emea's Epar System And The Fda's Improved Warning Protocol, Nicholas R. Kennedy

Boston College International and Comparative Law Review

In Europe and the United States, regulatory agencies responsible for monitoring drug safety have struggled to address the health concerns raised by the burgeoning market for minimally invasive cosmetic procedures utilizing botulinum toxins, the active ingredients in Botox. A 2005 study published in the Journal of the American Academy of Dermatology drew attention to these shortcomings after an analysis of adverse event reports submitted to the Food and Drug Administration (FDA) linked twenty-eight patient deaths to Botox-induced respiratory arrest and myocardial infarction. After an independent review of adverse effects reports submitted to the European Medicines Agency (EMEA) revealed similar findings ...


Carrot Or Stick?: The Balance Of Values In Qualified Intermediary Reform, Steven Nathaniel Zane 2010 Boston College Law School

Carrot Or Stick?: The Balance Of Values In Qualified Intermediary Reform, Steven Nathaniel Zane

Boston College International and Comparative Law Review

The qualified intermediary program allows foreign financial institutions to assume certain tax responsibilities ordinarily borne by U.S. withholding agents. The purpose of the program is to collect more foreign taxpayer information by creating a more direct link between the I.R.S. and recipients of foreign income payments. By accepting more responsibility, qualified intermediaries are provided numerous benefits that make business less costly. Nevertheless, the program has recently come under attack due to perceived abuse by wealthy U.S. citizens who use the system to evade income taxes. In response, the Obama Administration proposes numerous changes to the program ...


"Where Is My Vote?": Democratizing Iranian Election Law Through International Legal Recourse, Tanya Otsuka 2010 Boston College Law School

"Where Is My Vote?": Democratizing Iranian Election Law Through International Legal Recourse, Tanya Otsuka

Boston College International and Comparative Law Review

In 2009, massive demonstrations ensued in response to the allegedly fraudulent reelection of Iranian president Mahmoud Ahmadinejad. The Iranian government met these protests with violence, imprison-ment, and death. Yet, given the Iranian government’s structure and election law, the ability to resolve election disputes through domestic legal means is virtually non-existent. Many provisions of Iranian election law are democratically flawed, even though Iran is a party to numerous international agreements requiring free and fair elections. This Note examines the availability of international legal recourse for the provisions of Iran’s election law that fail to live up to these standards ...


Toward A Defense Of Fair Use Enablement, Or How U.S. Copyright Law Is Hurting My Daughter, Joseph P. Liu 2010 Boston College Law School

Toward A Defense Of Fair Use Enablement, Or How U.S. Copyright Law Is Hurting My Daughter, Joseph P. Liu

Boston College Law School Faculty Papers

This Essay uses a personal anecdote to highlight a gap in current copyright law. Under current copyright doctrine, companies sued for direct copyright infringement are not generally able to assert the fair use arguments of their customers. Thus, for example, a photocopy shop sued for assembling course packs cannot argue that it is facilitating the fair use privileges of its student customers. This Essay argues that this approach is mistaken because it fails to take adequate account of the important role companies can play in practically enabling the fair use privileges of their customers. To fill this gap, this Essay ...


Presidential Values In Parliamentary Democracies, Richard Albert 2010 Boston College Law School

Presidential Values In Parliamentary Democracies, Richard Albert

Boston College Law School Faculty Papers

Constitutional theory has long regarded the separation of powers as unique to presidential systems and incompatible with parliamentary ones. In this Article, I suggest that the core values of the separation of powers are achievable in both presidential and parliamentary systems, contrary to the conventional wisdom which insists that the separation of powers is the exclusive province of presidentialism. This conclusion – that parliamentary and presidential systems are comparably receptive to the practical and philosophical strictures of the separation of powers – unlocks interesting possibilities for rethinking constitutional structure anew.


Asset Specificity And Transaction Structures: A Case Study Of @Home Corporation, Brian J.M. Quinn 2010 Boston College Law School

Asset Specificity And Transaction Structures: A Case Study Of @Home Corporation, Brian J.M. Quinn

Boston College Law School Faculty Papers

This is a case study of asset specific investments, a class of transactions that is well understood in the context of economic theory but that is under-analyzed empirically. Because specific investments are particular to a single location, use or customer, their next best use is of much lower value than the use for which they are initially intended. Consequently, asset specific investments face the threat of ex post opportunism and allocative inefficiency. This contracting problem is particularly difficult when firms that are otherwise rivals must coordinate individual investments to create a shared resource. In such cases, generating credible expectations of ...


Tribal Marriages, Same-Sex Unions, And An Interstate Recognition Conundrum, Mark P. Strasser 2010 Capital University Law School

Tribal Marriages, Same-Sex Unions, And An Interstate Recognition Conundrum, Mark P. Strasser

Boston College Third World Law Journal

This Article focuses on the reasons for state and federal recognition of Native American polygamous unions and the implications of states’ recognition of these unions for the validity of same-sex marriages across state lines. It discusses some historical Native American domestic relations practices and explains why states recognized certain Native American marital unions that would not have been recognized had they been celebrated locally. This Article also analyzes the significance of the recognition of these unions for the debate surrounding recognition of same-sex unions. The historical treatment of Native American polygamous unions suggests Congress has the power to assure that ...


Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers 2010 St. John's University School of Law

Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers

Boston College Third World Law Journal

DNA technology revolutionized criminal law, family law and trust and estates practice. It is now revolutionizing immigration law. Currently the Department of Homeland Security does not require DNA tests, but it recommends these tests when primary documentation, such as marriage licenses, birth certificates and adoption papers are not available to prove the relationship between the U.S. citizen petitioner and the beneficiary who is seeking permanent resident status in the United States. DNA tests are attractive to the government as a result of administrative convenience and as a means of countering fraud, but adoption of a wholesale policy of DNA ...


Farmers, Middlemen, And The New Rule Of Law Movement, Brian JM Quinn, Anh T.T. Vu 2010 Boston College Law School

Farmers, Middlemen, And The New Rule Of Law Movement, Brian Jm Quinn, Anh T.T. Vu

Boston College Third World Law Journal

This paper investigates the economic relationships between farmers and middlemen in Vietnam’s Mekong Delta and places it in the context of the new rule of law movement. The new rule of law movement, which has grown in the wake of the collapse of formerly centrally planned economies, argues that the rule of law is a prerequisite for economic growth and that transition economies can only succeed by adopting strong formal legal rights and institutions. Notwithstanding more than two decades of an aggressive rule of law reform program, Vietnam’s formal legal system remains weak. Using survey data from a ...


Presidential Promises And The Uniting American Families Act: Bringing Same-Sex Immigration Rights To The United States, Sara E. Farber 2010 Boston College Law School

Presidential Promises And The Uniting American Families Act: Bringing Same-Sex Immigration Rights To The United States, Sara E. Farber

Boston College Third World Law Journal

Binational same-sex couples in the United States all too often face a difficult reality. Due to discriminatory immigration laws, which prevent United States citizens from sponsoring their same-sex partners for permanent residence, same-sex couples must choose between deportation and separating their families. The Uniting American Families Act, however, offers a remedy to this unacceptable inequality. Yet the Act currently does not have the congressional support it needs to pass. This Note argues that President Obama, as the country’s Executive, should use his “bully pulpit” to inspire the Act’s passage. Specifically, this Note examines the manifestation and extent of ...


Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley 2010 Boston College Law School

Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley

Boston College Third World Law Journal

Casting a ballot is a primary form of community participation in the United States. This exercise provides citizens with a means to safeguard their legal rights and effectuate change. Nevertheless, some citizens, such as people with mental disabilities, are often denied this fundamental right solely based upon their status. These citizens have faced a long history of pernicious discrimination at the hands of their communities, legislators, and even the courts. Yet, social policy has begun to evolve in light of more nuanced understandings of mental disabilities. This knowledge has also spurred the reform of state and federal law. While the ...


Collective Rights To Indigenous Land In Carcieri V. Salazar, Melanie Riccobene Jarboe 2010 Boston College Law School

Collective Rights To Indigenous Land In Carcieri V. Salazar, Melanie Riccobene Jarboe

Boston College Third World Law Journal

Since settlers set foot in the Americas, tension has existed between American Indian tribes and European settlers over tribal rights to land. When the Narragansett Tribe of Rhode Island proposed to build low-income housing on a thirty-one acre parcel of land, it became involved in years of litigation with the State of Rhode Island, its governor, and the town of Charlestown, RI. Throughout the litigation, the debate over collective ownership of land, cultural differences in property rights and the intentions behind the United States government’s policy positions regarding American Indians simmered below the surface. This comment focuses on those ...


Comprehensive Economic Sanctions, The Right To Development, And Constitutionally Impermissible Violations Of International Law, Benjamin Manchak 2010 Boston College Law School

Comprehensive Economic Sanctions, The Right To Development, And Constitutionally Impermissible Violations Of International Law, Benjamin Manchak

Boston College Third World Law Journal

This Comment examines the legality of the comprehensive unilateral embargo imposed by the United States on Cuba within the framework of international law. It argues that, independent of its humanitarian impact or the dubious legality of its extra-jurisdictional components, the comprehensive embargo violates international law because it undermines Cuba’s right to development. International law is, and has always been, a component part of U.S. law—it is enforceable in U.S. courts, it informs judicial interpretation of U.S. statutes, and it guides legislative and executive action in matters of both foreign and domestic policy. In addition to ...


E-Verify: An Exceptionalist System Embedded In The Immigration Reform Battle Between Federal And State Governments, Shelly Chandra Patel 2010 Boston College Law School

E-Verify: An Exceptionalist System Embedded In The Immigration Reform Battle Between Federal And State Governments, Shelly Chandra Patel

Boston College Third World Law Journal

The immigration debate has proven to be fertile ground for promoting exceptionalist practices, where certain groups of people are isolated from the rest of the population and regarded as a subclass. The federal electronic employment verification system, E-Verify, is a prime example of such a practice. Passed under the Procurement Act, the goal of E-Verify was to promote efficiency and economy in government procurement. Unfortunately, the system falls far short of these goals because of problems inherent in the electronic database and increased state involvement over immigration reform. E-Verify is often criticized as unreliable because it relies on inaccurate databases ...


First, Do No Harm: Tort Liability, Regulation And The Forced Repatriation Of Undocumented Immigrants, Daniel J. Procaccini 2010 Boston College Law School

First, Do No Harm: Tort Liability, Regulation And The Forced Repatriation Of Undocumented Immigrants, Daniel J. Procaccini

Boston College Third World Law Journal

In Montejo v. Martin Memorial Medical Center, a jury found that it was not unreasonable for a hospital to return a traumatically injured, undocumented immigrant to his native country against the will of his guardian. Also known as forced repatriation, the practice of international patient dumping results from the disjointed federal regulations governing the intersection of immigration and health care law. This Comment examines the underlying causes of forced repatriation and whether tort liability is a suitable means for preventing this practice. It concludes that direct regulation, rather than tort law, is a preferable method of preventing this harm and ...


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