2013 News Archive
faculty news and appearances
(NECN) - It's the time of year when many pull out their wallets and donate to charities - but there's a growing problem for traditional local charities of so-called donor advised funds.
(From the New York Times) -- This is the season of giving, the time when Americans from all income levels make donations to support food pantries, health centers, art and educational institutions, and other organizations that are so important for our civic society.
(From Tech Policy Daily)--Newly appointed FCC Chairman Tom Wheeler wants everyone to know that he supports competition. At his confirmation hearing, he emphasized to the Senate that he is an “unabashed supporter of competition” and that free, competitive markets work better than regulated or uncompetitive ones. - See more at: http://www.techpolicydaily.com/communications/defining-broadband-competition/#sthash.syrSAZjL.dpuf
(From the Boston Globe)--When Americans think about donating money to charity around the holidays, they tend to think of the organizations whose names have become practically synonymous with philanthropy: the United Way, the Salvation Army, Feed the Children.
(From Symposium Magazine)--If corporations were themselves more democratic, their participation in the nation's political debate would be of little concern, writes Law Professor Kent Greenfield, who says the cure is not to fear corporate citizenship but to embrace it.
President Obama’s past assurance to the American public that people could keep their plans if they so desired, and the inaccuracy of that statement has generated the current outcry for the President to do better on his past apologies and to “do something” about the looming individual mandate and the loss of plans people would prefer to keep.
The Justice Department decision to settle the anti-trust lawsuit against American Airlines and U.S. Airways, leaving them free to combine and create the world's largest airline--is a win for consumers, according to Law School Associate Professor Brian Quinn.
BOSTON — When a jury in August found Boston Mob boss James "Whitey" Bulger guilty of 11 murders and 31 racketeering counts, the verdict left eight families hungering for more justice.
(From the Salt Lake Tribune)--Despite allegations to the contrary, West Valley City did not violate officers’ rights in releasing internal affairs statements linked to the investigation into its beleaguered Neighborhood Narcotics Unit, one law professor says.
BC Chronicle--With the Affordable Care Act continuing to serve as a political lightning rod, two Boston College Law experts on the ACA say initial problems are to be expected, and that there are valid reasons why many are having their health insurance cancelled.
(From NECN)--As President Obama defended the Affordable Care Act in Boston, Health and Human Services Secretary Kathleen Sebelius stood in the line of fire in Congress.
(From Cognoscenti)--The Constitution is in dire need of repair, but the kinds of changes needed are possible only with old-style constitutional amendment and that door is shut for now, writes Law School Assistant Professor Richard Albert for WBUR "Cognoscenti".
(From the NY Times Deal Book)--A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration.
(From Tech Policy Daily Blog)--The Digital Millennium Copyright Act remains a potent weapon with which to silence online critics. That’s the takeaway from the disappointing ruling last month in a closely watched Massachusetts case, Tuteur v. Crosley-Corcoran.
(Reuters) - Two of the most important courts for resolving U.S. business disputes, Delaware's Court of Chancery and its state Supreme Court, may be on the cusp of a dramatic turnover that could affect corporate cases for years to come.
(From the FAMM Website)--Professor R. Michael Cassidy of Boston College Law School has published a paper that is a call to action to the nation’s prosecutors, urging them to support sentencing reform because it is their ethical duty as “ministers of justice.”
While federal policymakers are focused on the net neutrality battle, state policymakers are waging an unusual and relatively quiet battle over the future of voice service. An increasing number of Americans are swapping traditional landline telephone service for Internet-based VoIP service. - See more at: http://www.techpolicydaily.com/internet/voip-public-utility/#sthash.bNqzEfqu.dpuf
(From the Huffington Post)--I reveal no great secrets when I say that the United States has deported its own citizens numerous times. Many news outlets have covered the problem, including the New Yorker magazine in the April 29, 2013 article "The Deportation Machine."
(From NPR)--President Obama, a Harvard Law grad and former law professor, has suggested that students can learn all they need to take the bar exam in two years. That would save them tens of thousands of dollars. But it would also cost law schools millions of dollars in tuition revenue.
The Honorable Aharon Barak is the former President of the Supreme Court of Israel and a recipient of the Israel Prize, widely regarded as the State's highest honor.
(From the WSJ)--When law professor Brian Quinn was teaching about leveraged buyouts earlier this year, he thought he finally had a model transaction to show his students: Dell Inc.
Newton, MA--Professor Mary Sarah Bilder teaches in the areas of property, trusts and estates, and American legal and constitutional history at Boston College Law School.
On September 9, the US Court of Appeals for the DC Circuit will hear oral arguments challenging the Federal Communications Commission's net-neutrality regulations. In this Google Hangout, experts explain the case and its implications for the future of the Internet.
(CNN)--Are too many choices overwhelming our brains? Sheena Lyengar and Kent Greenfield explain the science of decision making.
(NECN) - A week from now, we'll find out if Congress is war-weary and how that translates into the vote on authorizing military strikes against Syria.
(From the Sydney Morning Herald)--James ‘‘Whitey’’ Bulger, the mobster who terrorised South Boston in the 1970s and ’80s while he led the notorious Winter Hill Gang, was convicted on Monday of a raft of racketeering charges, including participating in 11 murders.
Newton, MA - Professor Quinn explains to Gawker that the New York Times board was not under any legal duty to sell the Boston Globe to the highest bidder and that they were free to consider other factors before selling the Globe to Boston Red Sox owner John W. Henry.
Newton, MA - Professor Plater discusses his new book, The Snail Darter and The Dam, which tells the story of how Plater, along with his students, was able to use the Endangered Species Act to argue and win a case before the Supreme Court and halt the construction of a dam that would have destroyed the habitat of a tiny, three-inch fish.
(From the Wall Street Journal) BC Law Professor Mary-Rose Papandrea talks about the wider ramifications of the verdicts handed down to Pfc. Bradley Manning who, although acquitted of the charge of aiding the enemy, still faces up to 136 years behind bars.
BC Law Professor David Olson disscusses the legal issues surrounding news cameras being allowed in federal courtrooms during trials.
(From the Baltimore Sun)--The robbery would be simple, the five men were told: The crew would burst into a Baltimore hotel room and grab $400,000 worth of cocaine stashed there by an out-of-town supplier. They should bring guns, just in case.
(From the Washington Post)--As lawyers for James “Whitey” Bulger begin to defend him against a massive racketeering indictment charging him in 19 killings, one big question remains: Will he testify?
Newton, MA--BC Law Professor Brian Quinn was quoted on the recent Dell buyout developments in several articles from major news sources.
(From the Boston Globe)--Prosecutors have begun making the case to a Suffolk County grand jury that former New England Patriot Aaron Hernandez should be charged in the shooting death of two men on a South End street last July, according to two law enforcement officials briefed on the investigation.
FORT MEADE, Md. — A military judge refused Thursday to dismiss a charge that Army Pfc. Bradley Manning aided the enemy by giving reams of classified information to the anti-secrecy website WikiLeaks.
NEW YORK/ROUND ROCK, Texas (Reuters) - Dell Inc on Thursday postponed a shareholder vote on CEO Michael Dell's $24.4 billion buyout offer, after he won 11th-hour backing from several large investors but still fell short of enough votes to seal the deal.
Newton, MA -- Sharon Beckman talks to the Herald about what prosecutors must prove to convict a defendant of motor vehicle homicide.
Newton, MA--Professor Olson discusses how the rising prices for e-books could be part of a nascent market's natural evolution rather than the by-product of a sinister scheme.
Newton MA--Bob Bloom talks to the Herald about the possibility of Bulger testifying at his own trial.
Professor Michael Cassidy discussed the process of prosecuting Boston Marathon bombing suspect Dzhokhar Tsarnaev in an interview with WBZ-Radio News, and the revival of the Boston Strangler case with the Boston Herald.
BC Law Professor Brian Quinn, discusses the process and legal particulars of Carl Icahn's latest buyout proposal for Dell with Trish Regan on Bloomberg Television's "Street Smart" along with the president of 13D Monitor, Kenneth Squire, and Bloomberg's Cristina Alesci.
(From USA Today)--James "Whitey" Bulger, in the fourth week of his trial for 19 murders and racketeering offenses, listened Tuesday as his onetime protégé, Kevin Weeks, resumed describing killings he said Bulger committed.
(From the Huffington Post)--As members of Congress struggle to reconcile their opposing views on immigration reform, rapid-firing amendments and counter-amendments across the aisle, we all should remember the successes and failures of our last immigration law overhaul in 1996.
(From Massachusetts Lawyers Weekly)--There will be much speculation about why the U.S. Supreme Court chose to dodge the hot-button issue of affirmative action in its recent Fisher v. University of Texas decision and instead kick it back to the lower courts.
From the Chicago Tribune--Eight months after Lake County authorities learned of allegations that one of their own officers had sex with an underage boy he met online, their investigation has been stymied amid questionable decisions, the Tribune has learned.
From the Boston Herald--A Bay State gay marriage opponent says he remains confident today’s anticipated U.S. Supreme Court decisions will uphold federal and California laws that bar same-sex unions, but a national leader in the marriage equality movement says whatever the high court decides, the tide of public opinion will continue toward a broader definition of marriage. - See more at: http://bostonherald.com/news_opinion/local_coverage/2013/06/no_clear_win_expected_in_same_sex_wed_ruling#sthash.dz6csU9v.dpuf
Computerworld - Internet providers have invested several hundred billion dollars in the past decade to build America's broadband networks, and analysts expect them to spend an additional $30 billion each year to keep up with growing bandwidth demand.
(Reuters) - Google Inc has settled a shareholder class action lawsuit that clears the way for the company to issue a new class of nonvoting stock, giving the company a currency for acquisitions that would not dilute the founders' control.
From the Boston Globe: JUSTICE RUTH Bader Ginsburg has been one of the most important jurists on the Supreme Court over the last 50 years. The second woman ever to serve on the court, Ginsburg has become during her 20-year tenure the strongest judicial advocate for women’s rights in the nation’s history.
(From NPR)--Here's what we know about a National Security Agency program that collects vast amounts of data on the electronic activity of Americans: While controversial, a leaked secret document authorizing the collection makes it clear that the Foreign Intelligence Surveillance Court has decided that the collection of metadata for every call made in and into the United States is legal under Section 215 of the U.S.A. Patriot Act.
WILMINGTON, Del. (Reuters) - In the nine years since it went public, Google Inc has grown tenfold in value and is now worth $290 billion. So who would want to mess with success and challenge the founders, Larry Page and Sergey Brin?
Newton, MA--Michael Cassidy talks to the Wall Street Journal about Bulger's lawyer's possible strategy.
Newton, MA--from NPR breaking news--Shortly after the Boston Marathon bombings, President Obama described the work being done by the FBI and Department of Homeland Security to unravel the plot as "hard stuff."
Newton, MA--Mike Cassidy discusses the upcoming Whitey Bulger mobster trial.
Newton, MA--Robert Bloom talks to the Huffington Post about the Whitey Bulger trial and his defense.
From the Boston Globe: Boston officials are frustrated that a federal judge has not ruled on a case contesting the fairness of the police promotional exam, even though the case was heard more than two years ago.
Newton, MA--Boston College law professor Frank Garcia has a new book called "Global Justice and International Economic Law."
Newton, MA--Diane Ring talks about her experience getting to know Brittany Loring '12, who was injured in the Marathon bombings.
Newton, MA--An online petition calling for Cameron D’Ambrosio’s release has over 50,000 signatures.
Newton, MA--An Internal Revenue Service official who headed the unit accused of targeting conservative groups for undue scrutiny took the Fifth to avoid self-incrimination in front of a congressional committee yesterday.
Newton, MA--Three judges of the U.S. Court of Appeals for the Third Circuit focused on several issues during oral arguments to revive the Delaware Court of Chancery's confidential arbitration program.
Newton, MA--Ray Madoff discusses the rise in donor-advised funds and the problems associated with them.
Newton, MA--Mary Ann Chirba and Alice Noble's latest blog, this one on "The ACA’s Tobacco Use Rating: Implementation, Inconsistencies and Ironies."
Newton, MA--Professor Brian Galle speaks with CBS on the IRS Tea Party Targetting and the Commissioner Resignation.
Newton, MA--Robert Bloom discusses the possibility of civil lawsuits filed by Marathon bombing victims.
Newton, MA--Professor George D. Brown talks to the Boston Herald about the John O'Brien case.
Newton, MA--Guest Bloggers Mary Ann Chirba and Alice A. Noble - Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity?
Newton, MA--Ray Madoff talks to 'Here and Now's Robin Young about the controversy over the burial location of Boston Marathon bombing suspect Tsarnaev.
Newton, MA (from the New York Times)--As the body of Tamerlan Tsarnaev, one of the two suspects in the Boston Marathon bombings, lay in a Worcester, Mass., funeral home for a fourth day, Gov. Deval Patrick said Monday that it was up to the family, not the state, to resolve where the burial would take place.
Newton, MA--Robert Bloom discusses the denial of the use of immunity defense in the Whitey Bulger case.
Newton, MA--Francine Sherman talks to Youth Today about the discussion around child sexual exploitation laws.
Newton, MA--Brian Galle talks to OPB about the Supreme Court's landmark health care ruling and the potential of lawsuits challenging the federal government's authority.
BUSINESS WEEK--Hershey Co. (HSY) should turn over child- labor records for cocoa farms in Ghana and the Ivory Coast as part of an investor suit and to help define U.S. corporations’ legal obligations abroad, two law professors told the judge in a lawsuit over the company’s practices.
Newton, MA--Daniel Lyons writes for the Free State Foundation on the future of voIP.
Newton, MA--Daniel Lyons blogs on why usage-based broadband plans may be good for consumers.
Newton, MA--Kent Greenfield is in the courtroom and gives his impressions of the first days of Supreme Court arguments.
Newton, MA--Paulo Barrozo discusses whether the Amanda Knox murder trial will stress relations between the US and Italy.
Newton, MA--Kent Greenfield discusses the DOMA case before the Supreme Court with WBUR's Radio Boston.
Newton, MA--Daniel Lyons blogs for the Congress website "The Hill on Internet pricing as the "next policy frontier."
Newton, MA--Kent Greenfield blogs in the American Prospect on strange briefs submitted to the Supreme Court.
Newton, MA--Professor Sherman is quoted in the Los Angeles Times on The Girls Health Screen.
Newton, MA--Professor Robert M. Bloom is quoted in the Boston Herald on the Bulger Trial.
Newton, MA--The Barnico Letter appears in the Massachusetts Lawyers Weekly's March 7 edition.
Newton, MA--Sharon Beckman makes the case that strict criminal laws meant to protect cyclists could backfire.
Newton, MA--George Brown talks to the Boston Herald about the continuing investigation of former state Treasurer Tim Cahill.
Newton, MA--Professor Kent Greenfield is quoted in the Boston Globe Opinion piece on the Supreme Court decision in the Citizens United v. Federal Election Commission case.
Newton, MA--Mike Cassidy talks to the ABA Journal about the trend of district attorneys declining to defend state or federal laws.
Newton, MA--Kent Greenfield writes for American Prospect on whether restrictions on the right to bear arms are constitutional.
Newton, MA--Richard Albert blogs on how the 13th Amendment we know now differs substantially from the one first proposed, which would have made slavery constitutional and permanent — and which Lincoln supported.
Newton, MA--Professor Daniel Lyons is quoted by Ars Technica in a story that compares US data speeds and offerings for Internet service with other countries.
Newton, MA—BC Law Professor Joan Blum recently spoke at the U.S. State Department on her experience conducting judicial training programs on legal analysis and writing in Bosnia.
Newton, MA--Dean Vincent Rougeau takes on the future of legal education and offers some solutions in an op ed published in US News and World Report.
Newton, MA--Sharon Beckman writes a letter to the Globe on the Miner case and the responsibilities of parents regarding underage drinking.
Newton, MA--Professor George Brown discusses the possible need for accountability and transparency at the U.S. Attorney’s
Office after the Caswell case.
Newton, MA--Brian Quinn is quoted in a Reuters article about Copper miner Freeport-McMoRan Copper & Gold Inc's $9 billion deal to buy two energy exploration companies and the lawsuits that are arising from it.
Newton, MA--in a letter to the editor, George Brown talks about the tragic suicide of Aaron Swartz and the role of the US attorney in the case.
Newton, MA--James Repetti's article on Estate Tax, co-authored with Paul Caron, gets excellent marks from the Institute for Policy Studies.
Newton, MA--in a story about a judge who fought his entire career for justice for minorities in Boston, Mark Brodin talks about voter identification laws and the dangers of discrimination.
Newton, MA--Mary Ann Chirba and Alice Noble blog about the implementation challenges of President Obama's health care act in Health Affairs.
Newton, MA--Kent Greenfield discusses a recent movement among towns to challenge state and federal laws currently on the books.
Newton, MA--A paper authored by Jim Repetti (BC Law) and Paul Caron was recently highlighted by the Legal Theory Blog, which was then picked up by the New York Times.
Newton, MA--Kent Greenfield discusses a Citizens United opponent's 'Free Speech for People,' that wants states to ban companies from political expenditures.
Newton, MA--Ray Madoff writes an op-ed for the Washington Post on taxes in light of the looming fiscal cliff.
Newton, MA--Professor Sanford Katz talks to the Christian Science Monitor about the qualities that he feels will make John Kerry '76 a good Secretary of State.
Newton, MA--Daniel Lyons appeared at a recent National Cable and Telecommunications Association in Washington, DC. to present research from his paper on broadband pricing.