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2014 News Archive

faculty news and appearances

Madoff Named to Massachusetts Lawyers Weekly's 'Top Women of Law' List

The Top Women of Law event celebrates outstanding achievements made by exceptional women.

Kanstroom in Globe on Poll Regarding Plan for Sheltering Migrant Children

Massachusetts voters are split on Governor Deval Patrick’s plan to provide temporary shelter for up to 1,000 unaccompanied immigrant children on a state air base or military training installation, according to a new Boston Globe poll.

Lyons in Globe on Aereo's Attempt at Becoming a Cable Service

After more than a year of casting itself as the low-cost, online antidote to cable companies, Aereo now wants to be one of them—sort of.

Papandrea in Commonwealth Mag on Judge Young's Use of Juror Questions

AT MOST TRIALS in state and federal courts, the jury is a blank and muted canvass for lawyers to paint their cases on throughout the proceedings, its collective voice heard loud and clear only when the verdict is announced.

Greenfield in Newsweek on 'Hobby Lobby' Case

In 2010, then-candidate Rand Paul, a libertarian Republican running for the open U.S. Senate seat in Kentucky, told the editorial board of the Louisville Courier-Journal that he disagreed with the Civil Rights Act of 1964 because it prohibited private businesses like restaurants and hotels from discriminating against black people.

Kaveny in Commonweal on Hobby Lobby Case: 'A Minefield'

The Supreme Court’s 5-4 decision in Burwell v. Hobby Lobby Stores, where religious exemptions to the contraception mandate in the Affordable Care Act were extended to a private for-profit company, has produced jubilation among those who regarded the mandate as a grave threat to religious liberty and consternation from those who think access to no-cost contraception should be a fundamental component of health care for women.

Greenfield Op ed in Globe on 'Hobby Lobby' Case

We've been had. And so has Justice Anthony Kennedy.

Albert Elected Associate Member of IACL

Newton, MA – BC Assistant Law professor Richard Albert has been elected as an Associate Member of the International Academy of Comparative Law (IACL).

Quinn in Herald on 'Hobby Lobby' Supreme Court Case

The Supreme Court yesterday indicated that its Hobby Lobby decision would only apply in a narrow set of circumstances, but the court left the door open for private corporations with “sincerely held” religious beliefs to blatantly discriminate, according to legal experts.

Greenfield Talks 'Hobby Lobby' Supreme Court Case

BC Law professor Kent Greenfield discusses the 'Hobby Lobby' Supreme Court case involving religious freedom of corporations.

Dean Rougeau in America Magazine: Legacy and Ongoing Challenge of Civil Rights Act

Few societies in modern history have been more invested in the social construct of race than the United States.

Greenfield on New Zealand Radio on 'Myth of Choice'

Professor of Law and Law Fund Research Scholar at Boston College Law School, and author of the 2011 book, The Myth of Choice: Personal Responsibility in a World of Limits, appears on New Zealand Radio.

Quinn in The Street on Relational's Manitowoc Stake

Wisconsin-based machinery firms have drawn the interest of activist investors, but it isn't entirely clear whether hard-charging hedge funds will have their way in the 'badger state.'

Greenfield in Herald on Implications of Abortion Ruling

The ripple effect of yesterday’s stunning U.S. Supreme Court decision striking down the state’s 35-foot abortion clinic buffer zone will be felt from Beacon Hill to City Hall, as officials scramble to figure out how to replace the now-banned law and keep the peace, experts warned.

Bloom in Wisconsin Reporter on 'John Doe' Raids

Troubling. That’s how one Fourth Amendment expert describes the manner in which search warrants were executed in a politically charged John Doe investigation into dozens of conservative groups.

Lyons Op-ed on Internet Interconnection Agreements in Free State Foundation

Federal Communications Commission Chairman Tom Wheeler recently announced that the Commission had requested, and received, copies of interconnection agreements signed between Netflix and Internet service providers Comcast and Verizon.

Yen on Fox 25 to Discuss Redskins Trademark Issue

The US Patent office rules Redskins trademark should be canceled.

Quinn in Wall Street Journal on Valeant Takeover Bid for Allergan

The mudslinging between Allergan Inc. and Valeant Pharmaceuticals International Inc. got more intense on Monday. But it was Morgan Stanley bankers who found themselves caught in the crossfire.

Lyons on Net Neutrality for Toronto Globe and Mail

Canada’s telecom regulator must soon decide whether to restrict billing practices associated with a handful of apps that let users stream live and on-demand television stations on their mobile devices.

Madoff on MA Senate 'Right Of Publicity' For The Dead for WBUR Radio Boston

Thirteen states have laws that allow the posthumous transfer of a person’s identity to their heirs or to the firms that represent them.

Cassidy for Cognoscenti: An Ode to Fatherhood

When my sons were younger, I used to long for a respite from the frenetic pace of parenting.

Lyons Op-ed on Cable Merger in Baltimore Sun

The proposed deal between Comcast and Time Warner could keep the companies from going the way of Blockbuster.

Jones Blogs on Officer and Director Bar as a Remedy for Fraud

In my forthcoming article, Unfit For Duty: The Officer and Director Bar as Remedy for Fraud, I focus on an underutilized weapon in the SEC’s enforcement arsenal: the power to bar individuals from serving as officers or directors of public companies.

Plater on Local Impact of President's Greenhouse Gases Plan

Last month, the Salem Power Plant shut down its coal-fired boilers for good. It was the last of the state’s so-called Filthy Five power plants, targeted by environmentalists for sending tons of carbon emissions into the atmosphere.

Cassidy in Boston Magazine on Juvenile Parole Hearings

Seven months after the highest court in Massachusetts ruled that it was cruel and unusual to keep murderers convicted as juveniles behind bars for the rest of their lives without the chance of release, the first batch of parole hearings have started to take place, drudging up a range of emotions for the family members of victims and calling into question what’s next if they actually leave prison.

Greenfield in Nation on Corporations and the Constitution

The big media talk a lot about stalemate in Congress, but they are missing the real story. While representative democracy is dysfunctional, the Supreme Court has taken over with its own reactionary power grab.

Libby Professor Kaveny in Commonweal on Gaps in Health Care for Poor

The consequences of hostility to health-care reform are devastating for the poor, writes Libby Professor of Law and Theology Cathleen Kaveny in Commonweal.

Lyons in Herald on Controversy Over FCC Adjustment of Open Internet Rules

Federal regulators will vote Thursday on proposed open Internet rules, a controversial process that has forced the chairman of the Federal Communications Commission to tweak his plan amid a heated debate over “net neutrality.”

Murray-Tjan in Huffington Post on Immigrants and US Citizenship

We Americans view U.S. citizenship as almost holy -- as holy as any secular status could be. The Supreme Court described the national sentiment in the 1967 case Afroyim v. Rusk: Our "citizenry is the country and the country is its citizenry."

Lyons on Comcast, Future of Video Competition in Providence Journal

(From the Providence Journal)--The cable company is one entity everyone likes to hate. Perhaps this knee-jerk animosity is to blame for the rush to condemn Comcast’s proposed $44 billion merger with Time Warner Cable.

Murray-Tjan on NPR on Controversy of Spouses of Tech-Saavy Immigrants Working in US

What does the new plan mean for the tech industry and the economy?

Lyons in World Magazine on Elimination of Phone Landlines

Residents of Carbon Hill, Ala., and Delray Beach, Fla., may be among the first to bid farewell to traditional landline phone service.

Madoff on Donor Advised Funds for Marketplace

Donor-advised funds are an increasingly popular, and controversial, form of charity. Law Professor Ray Madoff weighed in on American Public Media's "Marketplace."

Dean Rougeau in SJC Roundtable Discussion on Legal Education

Newton, MA--Supreme Judicial Court Chief Justice Roderick L. Ireland recently convened a roundtable discussion with the deans of Massachusetts' law schools and the SJC Justices to discuss legal education.

Lyons on WRKO Radio, The Blaze TV on Aereo Supreme Court Case

Newton, MA--Professor Daniel Lyons discussed the Aereo Supreme Court case with both WRKO Radio in Boston and "The Blaze" TV.

Lyons Discusses Net Neutrality and Verizon Decision in This Week in Law Podcast

(From This Week in Law Podcast)--Professor Lyons discusses some of the thornier issues in net neutrality and current events including the fallout of the Verizon v. FCC decision on the This Week in Law Podcast.

Madoff's Work on Donor Advised Funds Highlighted in Forbes

(From Forbes.com)--Buried deep in House Ways & Means Committee Chair Dave Camp’s tax reform plan is a proposal to require donor-advised funds to distribute contributions within five years.

Plater Talks to Backstory Radio About Snail Darter Controversy

Newton, MA - Professor Plater discusses endangered species cases, the snail darter controversy, and how he used the Endangered Species Act to argue and win the Tennessee Valley Authority v. Hill case before the Supreme Court, preserving the habitat of a tiny, three-inch fish.

Brodin Featured Panelist for “Through a Glass Starkly: Civil Procedure Reassessed” Symposium

Newton, MA--BC Law Professor Mark Brodin was a featured speaker at the recent panel discussion "The Shape of Judicial Power" where he presented a paper "Screening Out Unwanted Calls: The Manipulation of Standing Doctrine."

Greenfield Tells CNN Roberts Court Has Chipped Away at Civil Rights Act

(From CNN)--As the nation celebrates the 50th anniversary of the Civil Rights Act, it's tempting to believe the battle over the law is over. But people are still clashing over it -- what it means, how long should it last and whether it discriminates against whites. According to Professor Kent Greenfield, the Roberts court is already chipping away at the legal architecture of the Civil Rights Act.

Lyons Discusses Net Neutrality in This Week in Law Podcast

(From This Week in Law Podcast)--Professor Lyons discusses internet law, antitrust law, and net neutrality on the This Week in Law Podcast.

Cassidy in Globe on Middlesex DA Ryan's Caseload

(From the Boston Globe)--R. Michael Cassidy, a former prosecutor who is now a Boston College Law School professor, said Middlesex DA Marian Ryan’s decision to continue prosecuting cases while preparing for a competitive primary could be good for morale in the district attorney’s office.

Brodin Featured on 'Affirmative Action in Education' Panel Discussion

Newton, MA--BC Law Professor Mark Brodin was a featured speaker at the recent panel discussion "Affirmative Action in Education: How It Began and Where We Are Today."

Kohler in Globe on Student-Athlete Compensation

(From the Boston Globe)--Bigfoot, the Loch Ness monster, and the NCAA power-conference “student-athlete” share a common trait. They’re all mythical creatures.

Bloom on Tsarnaev Defense Strategy in Boston Herald

Newton, MA--Professor Robert Bloom discusses how Dzhokhar Tsarnaev's attorneys can use evidence connecting his brother to the FBI during his trial in the Boston Herald.

Forbes Discusses Madoff Proposal Regarding Payout Rules for Donor Advised Funds

(From Forbes)--Among the less-than-pleasant surprises to be found in House Ways and Means Committee chair Rep. Dave Camp’s generally thoughtful and constructive tax reform proposal is one targeting donor-advised funds (DAFs).

Greenfield Op ed In American Prospect on Hobby Lobby Case

(From The American Prospect)--If businesses are allowed to discriminate citing religious beliefs, then get ready to see some ugly throwbacks to pre-Civil Rights Era America.

Galle in USA Today on Proposed IRS Rule Limiting Advocacy Over Nominees

WASHINGTON -- Should a nominee for the Supreme Court or Cabinet secretary be considered a "candidate" for federal office under tax law?

Greenfield on WGBH to Discuss Affordable Care Act and Religious Freedom

(From WGBH)--Two years after upholding the ACA's individual mandate, the Supreme Court will now hear challenges to the law's contraception requirement. Law Professor Kent Greenfield discussed the topic of religious freedom vs. public health as a guest on WGBH News.

Lyons on WRKO Radio to Discuss Netflix, Comcast Deal

(From WRKO Radio)--Professor Daniel Lyons helps break down the Netflix-Comcast deal.

Amicus Brief Co-authored by Greenfield Called "Persuasive" in NY Times

(From the New York Times)--This week, the owners of two secular, for-profit corporations will ask the Supreme Court to take a radical turn and allow them to impose their religious views on their employees — by refusing to permit them contraceptive coverage as required under the Affordable Care Act.

Lyons on Net Neutrality in Communications Daily

(From Communications Daily)--Law professors on the panel agreed that FCC action on net neutrality under Section 706 of the Communications Act carries a huge number of potential "land mines" for the agency to navigate.

Greenfield Article Cited in Business Law Prof Blog

(From Business Law Prof Blog)--A hearing in the Delaware Court of Chancery highlights the question raised in my earlier post of institutional shareholder activism and provides a timely example of one brand of shareholder activism:  issue activism.

IMF Confirms Analysis in Repetti Co-Authored Text on Estate Tax Reform and Economic Growth

(From TaxProf Blog)--In Occupy the Tax Code: Using the Estate Tax to Reduce Inequality and Spur Economic Growth, 40 Pepp. L Rev. 1255 (2013), Jim Repetti and I reviewed the economic literature that presents significant empirical evidence that inequality hurts economic growth.

Lyons Discusses Comcast-Netflix Deal in Free State Foundation

(From the Free State Foundation)--Last week, the blogosphere was abuzz with the news that Netflix and Comcast had signed a "mutually beneficial interconnection agreement."

Greenfield Oped on Corporations and Religious Liberty in Globe

(From the Boston Globe)--The best way to ensure corporations are positive influences in an economy, much less a society, is to construct a framework of financial, workplace, and environmental regulation. In other words, corporate conscience alone is no shield from bad behavior or a sufficient prompt for good, writes Law School Professor Kent Greenfield.

Madoff Talks to Chronicle of Philanthropy on House Tax Plan for Nonprofits

(From the Chronicle of Philanthropy)--The House is taking aim at nonprofit financial practices with an eye toward putting more gifts directly to work for charities. It would slap a tax on nonprofits that pay employees $1-million or more and would require gifts to donor-advised funds to be deployed to charities within five years.

Wirth Presents at 100th 'Renaissance Weekend'

Newton, MA--BC Law Professor David Wirth was invited to be a presenter at the recent Renaissance Weekend in Laguna Niguel, California.

Sherman on CT NPR About Max Security Facility for Girls

(From WNPR)--Each year, 1.4 million of the nation’s eleven- to 17-year-olds enter the juvenile justice system. Of these boys and girls, some 71,000 are sent to incarceration facilities, where they may remain for several months in seclusion from the outside world.

Cassidy Talks to Globe on MA US District Court Makeover

(From the Boston Globe)--The federal judgeship in Massachusetts is set to undergo the most sweeping makeover it has seen in 20 years, as new appointees fill four open seats and other veteran judges take more of a back-seat role in deciding many of the area’s most high-profile cases.

Bloom Talks to Boston Herald on Death Penalty Lawyer for Tsarnaev

(From the Boston Herald)--Another heavy hitter was added to accused Boston Marathon bomber Dzhokhar Tsarnaev’s defense team yesterday, and a legal expert said the judge is trying to even the playing field, while a victim says “enough is enough.”

Quinn Talks to CCTV on Comcast-Time Warner Cable Merger

(From CCTV)--Brian JM Quinn, Associate Professor, Boston College Law School discusses the legal and economic implications to the merging between the top U.S. cable companies.

Cassidy Talks to Globe on Tragic Death of Joshua Messier

(From the Boston Globe)--Joshua Messier was having a schizophrenic attack, then died as Bridgewater state prison guards subdued him. The medical examiner called it homicide, then changed her mind. No one has been prosecuted, or even reprimanded, for the death of a young man in state care.

Quinn Talks to Fox Business News, Herald on Cable Merger

Newton, MA--Professor Brian Quinn was interviewed about the proposed merger of the two largest U.S. cable companies by Fox Business News and the Boston Herald.

Bloom on Tsarnaev Trial Date with Reuters, Herald

Newton, MA--Professor Robert Bloom discussed the trial date of accused Marathon bomber Dzhokhar Tsarnaev with Reuters and the Boston Herald.

Papandrea Talks to WBUR on Legal Battle Between NY Post and Boston-area Men

(From WBUR) — A legal battle continues Wednesday morning in Suffolk Superior Court between The New York Post and two Boston-area men who are suing the newspaper because they say it falsely portrayed them as suspects in last April’s marathon bombing.

Murray-Tjan Blogs in Huffington Post on Complexities of Immigration Law

(From the Huffington Post)--These days everyone, no matter her political stripe, apparently despises U.S. immigration law. It's either too enforcement-heavy or too soft; too cruel or too generous to immigrants. But can we pause for a moment to talk about another, very basic problem?

Greenfield, Jones, Quinn Signatories on Brief Filed with SCOTUS

Newton, MA--BC Law professors Kent Greenfield, Renee Jones and Brian Quinn have joined a group of corporate law scholars as signatories on a brief filed with the US Supreme Court

Yen Talks to Maine Public Radio on 13 Year Old Hockey Phenom

(From Maine Public Broadcasting)--He's only in seventh grade, but 13-year-old Oliver Wahlstrom is already a standout varsity hockey player at North Yarmouth Academy. In fact, he's so good that he recently became the youngest player ever to commit to an NCAA hockey team.

Yen in NY Times on Recruitment of College Athletes

(Frome New York Times)--SANFORD, Fla. — Before Haley Berg was done with middle school, she had the numbers for 16 college soccer coaches programmed into the iPhone she protected with a Justin Bieber case.

Quinn in Reuters on Time Warner Cable Takeover

Jan 22 (Reuters) - Time Warner Cable is borrowing a tactic from a three-year-old takeover battle as it seeks to fend off Charter Communications Inc's $37.3 billion unsolicited bid.

Galle in Globe: Has College Presidential Pay Reached an Inflection Point?

(From the Boston Globe)--THERE WERE signs in the recently released Chronicle of Higher Education report on college and university presidents’ paychecks that higher education is gaining a sense of limits.

Murray-Tjan in Huffington Post on Deporting the Mentally Ill

(From the Huffington Post)--Years ago, when I worked for a non-profit representing detained indigent immigrants, a particular immigration judge often called our office when the government sought to deport an apparently mentally ill person.

Lyons in Wall Street Journal on FCC's Options After Net Neutrality Ruling

(From Wall Street Journal Law Blog)--While striking down federal laws mandating equal treatment of Internet traffic, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit left the Federal Communications Commission with some some wiggle room to regulate Internet providers.

Cassidy in Commonwealth on Prosecuting Police Who Use Deadly Force

(From Commonwealth Magazine)--From the tiny town of Colrain at the Vermont border to the siren-pierced streets of Boston, state and local police have shot and killed 73 people across Massachusetts over the last 12 years. The deadliest year was 2013, when 12 people were killed. Every completed killing investigation found the police were justified in using deadly force; only three of the cases were presented to a grand jury or judicial inquest to determine if a crime was committed.

Madoff: Charities, Not Donors, Should Get Big Benefits From Advised Funds

(From the Chronicle of Philanthropy)--Donor-advised funds are in the process of taking over the charitable landscape. While giving to most charities has remained largely flat in recent years, contributions to donor-advised funds are growing at eye-popping double-digit rates.

Lyons on the Need to Allow Wireless Carriers to Experiment With Pricing Plans

(From US News)--Wireless carriers have used different pricing methods as a way to differentiate themselves from their competition. Although consumers benefit when companies experiment with new, different, and more efficient ways to meet consumer demand, new pricing methods will face FCC scrutiny if they are considered to be anticompetitive behavior.

Greenfield ACS Blog: Beware the Sleeper: Harris v. Quinn

(From ACS blog)--Most cases on the Supreme Court’s docket in any given year are not the likes of Windsor, Shelby County, or Fisher. Those get the headlines, of course, and rightly so. But most of of the Court’s caseload is dedicated to answering various arcane questions in eddies of the U.S. Code.

Lyons on Restoring Limits on FCC's Ancillary Authority

(From Free State Foundation)--Verizon's pending appeal of the Federal Communications Commission's net neutrality order presents one of the most significant legal questions in modern telecommunications policy: whether, and to what extent, the Commission can regulate Internet activity.

Galle in Chronicle of Higher Ed on University President Compensation

(From Chronicle of Higher Education)--When defending compensation of $1-million and more for college presidents, trustees and university officials often repeat a simple refrain: Attracting the best talent costs money.

Madoff on NECN to Discuss Donor Advised Funds

(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.