Boston College Law School Faculty Papers
This series includes recent scholarship on a range of legal topics produced by members of the Boston College Law School faculty.
Submissions from 2009
Border Searches in the Age of Terrorism, Robert M Bloom
"Just Like Little Dogs": The Law Should Speak with Veracity and Respect, Scott T. FitzGibbon
A Methodology for Mentoring Writing in Law Practice: Using Textual Clues to Provide Effective and Efficient Feedback, Jane Kent Gionfriddo, Daniel L. Barnett, and E. Joan Blum
Corporate Law and the Rhetoric of Choice, Kent Greenfield
Legitimacy and Corporate Law: The Case for Regulatory Redundancy, Renee M. Jones
Conscience and Citizenship: The Primacy of Conscience for Catholics in Public Life, Gregory A. Kalscheur
Reason and Authority in the European Court of Justice, Vlad Perju
A Comment on "Legisprudence", Vlad F. Perju
The Failure of Private Ordering and the Financial Crisis of 2008, Brian JM Quinn
Democracy, Sovereignty and Tax Competition: The Role of Tax Sovereignty in Shaping Tax Cooperation, Diane M. Ring
Shadow Lawyering: Nonlawyer Practice within Law Firms, Paul R Tremblay
The International Organization for Standardization: Private Voluntary Standards as Swords and Shields, David A. Wirth
A First Amendment Perspective on the Construction of Third Party Copyright Liability, Alfred C Yen
Torts and the Construction of Inducement and Contributory Liability in Amazon and Visa, Alfred C Yen
Submissions from 2008
Beyond the ADA: How Clinics Can Assist Law Students with “Non-Visible” Disabilities to Bridge the Accommodations Gap Between Classroom and Practice, Alexis Anderson and Norah Wylie
The Role of Judicial Discretion in Dispute Settlement, James Andreoni and Ray D. Madoff
Colonial Constitutionalism and Constitutional Law, Mary Sarah Bilder
Idea or Practice: A Brief Historiography of Judicial Review, Mary Sarah Bilder
Teaching in Practice: Legal Writing Faculty as Expert Writing Consultants to Law Firms, E. Joan Blum and Kathleen E. Vinson
The Prosecutor and the Press: Lessons (Not) Learned from the Mike Nifong Debacle, R Michael Cassidy
Evaluating IMF Crisis Prevention as a Matter of Global Justice, Frank J. Garcia
Justice, the Bretton Woods Institutions and the Problem of Inequality, Frank J. Garcia
The Moral Hazard Problem in Global Economic Regulation, Frank J. Garcia
Corporate Ethics in a Devilish System, Kent Greenfield
Reclaiming Corporate Law in a New Gilded Age, Kent Greenfield
The Disaster at Bhopal: Lessons for Corporate Law?, Kent Greenfield
The Impact of "Going Private" on Corporate Stakeholders, Kent Greenfield
Standing Mute at Arrest as Evidence of Guilt: The 'Right to Silence' Under Attack, Frank R. Herrmann and Brownlow M. Speer
Race Matters in Adoption, Ruth-Arlene W. Howe
The Academic Doctorate in Law: A Vehicle for Legal Transplants?, Gail J. Hupper
Civil Procedure and the Establishment Clause: Exploring the Ministerial Exception, Subject Matter Jurisdiction, and the Freedom of the Church, Gregory A. Kalscheur S.J.
Conversation in Aid of a “Conspiracy” for Truth: A Candid Discussion about Jesuit Law Schools, Justice, and Engaging the Catholic Intellectual Tradition, Gregory A. Kalscheur SJ
A New Role for the International Monetary Fund in a New World Economic Order, Cynthia C Lichtenstein
Lapdogs, Watchdogs, and Scapegoats: The Press and National Security Information, Mary-Rose Papandrea
Student Speech Rights in the Digital Age, Mary-Rose Papandrea
What's at Stake in the Sovereignty Debate?: International Tax and the Nation-State, Diane M. Ring
Public Health Legal Services: A New Vision, David I. Schulman, Ellen Lawton, Paul R. Tremblay, Randye Retkin, and Megan Sandel
Submissions from 2007
Professional Ethics in Interdisciplinary Collaboratives: Zeal, Paternalism and Mandated Reporting, Alexis Anderson, Lynn Barenberg, and Paul R. Tremblay
The Sarbanes-Oxley Act: Legal Implications and Research Opportunities, Stephen K. Asare, Lawrence A. Cunningham, and Arnold Wright
Form Ever Follows Function: Using Technology to Improve Feedback on Student Writing in Law School, Daniel Barnett
Why We Have Judicial Review, Mary Sarah Bilder
The Constitutional Infirmity of Warrantless NSA Surveillance: The Abuse of Presidential Power and the Injury to the Fourth Amendment, Robert M. Bloom and William J. Dunn
Accounting for Federalism in State Courts - Exclusion of Evidence Obtained Lawfully By Federal Agents, Robert M Bloom and Hillary J. Massey
Political Judges and Popular Justice: A Conservative Victory or a Conservative Dilemma?, George D Brown
A Prescription to Retire the Rhetoric of "Principles-Based Systems" in Corporate Law, Securities Regulation and Accounting, Lawrence A. Cunningham
Carrots for Vetogates: Incentive Systems to Promote Capital Market Gatekeeper Effectiveness, Lawrence A. Cunningham
Procreative Justice and the Recognition of Marriage, Scott T. FitzGibbon
The Mysterious Ways of Mutual Funds: Market Timing, Tamar Frankel and Lawrence A. Cunningham
A "Fair" Trade Law of Nations or a "Fair" Global Law of Economic Relations?, Frank J. Garcia
Is Free Trade "Free?" Is It Even "Trade?" Oppression and Consent in Hemispheric Trade Agreements, Frank J. Garcia
The ‘Fair’ Trade Law of Nations, or a ‘Fair’ Global Law of Economic Relations?, Frank J. Garcia
Thinking Like a Lawyer: The Heuristics of Case Synthesis, Jane K Gionfriddo
Pedagogy of the Suppressed: A Class on Race and the Death Penalty, Phyllis Goldfarb
Debate: Saving the World with Corporate Law?, Kent Greenfield and D. Gordon Smith
The Rise of an Academic Doctorate in Law: Origins Through World War II, Gail J. Hupper
Catholics in Public Life: Judges, Legislators, and Voters, Gregory A. Kalscheur , S.J.
Post-Deportation Human Rights Law: Aspiration, Oxymoron or Necessity?, Daniel Kanstroom
Reaping the Harvest: The Long, Complicated, Crucial Rhetorical Struggle Over Deportation, Daniel Kanstroom
Sharpening the Cutting Edge of International Human Rights Law: Unresolved Issues of War Crimes Tribunals, Daniel Kanstroom
The Better Part of Valor: The REAL ID Act, Discretion, and the “Rule” of Immigration Law, Daniel Kanstroom
New Directions for Family Law in the United States, Sanford N Katz
Hidden in Plain Sight: Achieving More Just Results in Hostile Work Environment Sexual Harassment Cases by Re-examining Supreme Court Precedent, Elisabeth A Keller and Judith B Tracy
Creating Norms of Attorney Conduct in International Tribunals: A Case Study of the ICTY, Judith A. McMorrow
Citizen Journalism and the Reporter’s Privilege , Mary-Rose Papandrea
Critical Legal Ethics, Paul R Tremblay
Globalization and the Environment: Why all the Fuss?, David A. Wirth
Hazardous Substances and Activities, David A. Wirth
Submissions from 2006
Triage in the Trenches of the Legal Writing Course: The Theory and Methodology of Analytical Critique, Daniel L. Barnett
The Corporate Origins of Judicial Review, Mary Sarah Bilder
The Gratuities Debate and Campaign Reform – How Strong is the Link? , George D Brown
Character and Context: What Virtue Theory Can Teach Us About a Prosecutor's Ethical Duty to "Seek Justice.", R. Michael Cassidy
Reconsidering Spousal Privileges after Crawford, R. Michael Cassidy
The Legal Education of a Patriot: Josiah Quincy Jr.'s Law Commonplace (1763), Daniel R. Coquillette
The Legal Education of a Patriot: Josiah Quincy Jr.'s Law Commonplace (1763), Daniel R. Coquillette
Language, Deals and Standards: The Future of XML Contracts, Lawrence A. Cunningham
The Common Law as an Iterative Process: A Preliminary Inquiry, Lawrence A. Cunningham
Too Big to Fail: Moral Hazard in Auditing and the Need to Restructure the Industry Before it Unravels , Lawrence A. Cunningham
Law, Norms, and the Breakdown of the Board, Renee M. Jones
Moral Limits on Morals Legislation: Lessons for U.S. Constitutional Law from the Declaration on Religious Freedom, Gregory A. Kalscheur , S.J.
Christian Scripture and American Scripture: An Instructive Analogy?, Gregory A. Kalscheur S.J.
Ignatian Spirituality and the Life of the Lawyer: Finding God in All Things – Even in the Ordinary Practice of the Law, Gregory A. Kalscheur S.J.
The Notion of Solidarity and the Secret History of American Labor Law, Thomas C Kohler
The Story of NLRB v. Mackay Radio & Telegraph Co.: The High Cost of Solidarity, Thomas C Kohler and Julius G. Getman
The Fed’s New Model of Supervision for “Large Complex Banking Organizations”: Coordinated Risk-Based Supervision of Financial Multinationals for International Financial Stability, Cynthia C Lichtenstein
Dealing with Dumb and Dumber: The Continuing Mission of Citizen Environmentalism, Zygmunt J.B. Plater
Law, Media, & Environmental Policy: A Fundamental Linkage in Sustainable Democratic Governance, Zygmunt J.B. Plater
Restitution for Wrongs and the Restatement (Third) of the Law of Restitution, James S. Rogers
"Pre-Negotiation" Counseling: An Alternative Model , Paul R. Tremblay
Holding Charities Accountable: Some Thoughts from an Ex-Regulator, Catharine P. Wells
The Transatlantic GMO Dispute Against the European Communities: Some Preliminary Thoughts, David Wirth
Third Party Copyright After Grokster, Alfred C Yen
Submissions from 2005
The Transatlantic Constitution: Colonial Legal Culture and the Empire, Mary Sarah Bilder
Jury Trials in Japan, Robert M. Bloom
Counterrevolution? -- National Criminal Law After Raich, George D. Brown
Why I Teach (A Prescription for the Post-Tenure Blues), R. Michael Cassidy
Finance Theory and Accounting Fraud: Fantastic Futures versus Conservative Histories, Lawrence A. Cunningham
Heights of Justice, Lawrence A. Cunningham
Law and Accounting: Cases and Materials , Lawrence A. Cunningham
Private Standards in Public Law: Copyright, Lawmaking and the Case of Accounting, Lawrence A. Cunningham
Scholarly Profit Margins and the Legal Scholarship Network: Reflections on the Web, Lawrence A. Cunningham