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Full-Text Articles in Law

Private Standards In Public Law: Copyright, Lawmaking And The Case Of Accounting, Lawrence A. Cunningham Mar 2005

Private Standards In Public Law: Copyright, Lawmaking And The Case Of Accounting, Lawrence A. Cunningham

Boston College Law School Faculty Papers

Government increasingly leverages its regulatory function by embodying in law standards that are promulgated and copyrighted by non-governmental organizations. Departures from such standards expose citizens to criminal, civil and administrative sanctions, yet private actors generate, control and limit access to them. Despite governmental ambitions, no one is responsible for evaluating the legitimacy of this approach and no framework exists to facilitate analysis. This Article contributes an analytical framework and, for the federal government, nominates the Director of the Federal Register to implement it. Analysis is animated using among the oldest and broadest examples of this pervasive but stealthy phenomenon: embodiment ...


Sony, Tort Doctrines, And The Puzzle Of Peer-To-Peer, Alfred C. Yen Feb 2005

Sony, Tort Doctrines, And The Puzzle Of Peer-To-Peer, Alfred C. Yen

Boston College Law School Faculty Papers

This Article analyzes and reconstructs the law of third party copyright liability as it applies to providers of peer-to-peer technology. By doing so, the Article accomplishes three things. First, it identifies doctrinal tension between broad third party copyright liability endorsed by lower courts and the Supreme Court’s skepticism of such liability as expressed in Sony Corporation of America v. Universal City Studios. Second, it describes how existing interpretations of the law fail to direct judicial attention to important considerations that ought to influence the third party copyright liability of peer-to-peer providers. Third, it uses concepts borrowed from common law ...


Under Attack: The Public's Right To Know And The War On Terror, Mary-Rose Papandrea Jan 2005

Under Attack: The Public's Right To Know And The War On Terror, Mary-Rose Papandrea

Boston College Law School Faculty Papers

Since the September 11 attacks, courts have been reluctant to uphold the public’s right to obtain government information through the Freedom of Information Act and the First Amendment right of access. Given the doctrinal and statutory confusion plaguing both FOIA and the First Amendment right of access since their inception, and the judiciary’s historic tendency to defer to the Executive in matters implicating national security, recent appellate decisions rejecting right to know claims may seem unsurprising. But a closer reading of these cases reveals that the judiciary’s failure to uphold the public’s right to government transparency ...


Catholic Judges In Capital Cases, John H. Garvey, Amy Coney Barrett Jan 2005

Catholic Judges In Capital Cases, John H. Garvey, Amy Coney Barrett

Boston College Law School Faculty Papers

The Catholic Church’s opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church’s teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be ...