Boston College Law Review

Articles from Vol. 58, No. 6, 2017

BUT SEE KOHLHEIM: THE THIRD CIRCUIT MUDDIES THE WATER ON THE COMPENSABILITY OF EMPLOYEE MEAL PERIODS UNDER THE FAIR LABOR STANDARDS ACT IN BABCOCK V. BUTLER COUNTY
INTRODUCTIONCongress enacted the Fair Labor Standards Act ("FLSA") in 1938 in an effort to ensure and maintain the "general well-being" of workers in the United States.1 As part of this effort, the overtime-pay provision of the FLSA requires an employee...
CONSTITUTIONAL LAW AND THE ROLE OF SCIENTIFIC EVIDENCE: THE TRANSFORMATIVE POTENTIAL OF DOE V. SNYDER
INTRODUCTIONIn late 2016, the U.S. Court of Appeals for the Sixth Circuit ruled in Does #1-5 v. Snyder ("Doe v. Snyder" or "Snyder") that Michigan's civil sex offender law was unconstitutional.1 The Sixth Circuit's decision attracted commentary across...
Decoupling Vaccine Laws
INTRODUCTIONConsider the following set of facts: parents decide based on their religious beliefs that they will not vaccinate their newborn baby.1 Although they have vaccinated their older child, this is their decision. The child is taken for routine...
Deference to the Agency Is the Best Policy: The D.C. Circuit Applies Chevron in Denying Additional Medicare Reimbursements to Provider Hospitals in Washington Regional Medicorp
INTRODUCTIONComprising more than one tenth of the federal budget, Medicare is the federally administered program responsible for providing millions of elderly and disabled Americans with health insurance.1 When provider hospitals treat Medicare patients,...
Dispelling the Myth That Law Students Can Close the Justice Gap
INTRODUCTIONThe idea that law students can help our nation address the unmet civil legal needs of low-income Americans, often referred to as the "justice gap," seems to be gaining in popularity. The New York State Court of Appeals imposed a fifty-hour...
ENJOYING YOUR "FREE" APP? THE FIRST CIRCUIT'S APPROACH TO AN OUTDATED LAW IN YERSHOV V. GANNETT SATELLITE INFORMATION NETWORK, INC
INTRODUCTIONAfter renting or purchasing a movie, consumers have a right to have video providers keep that information private.1 In 1988, Congress enacted the Video Privacy Protection Act ("VPPA" or the "Act") creating a civil cause of action against...
GOOD THINGS DON'T COME TO THOSE FORCED TO WAIT: DENIAL OF A LITIGANT'S REQUEST TO PROCEED ANONYMOUSLY CAN BE APPEALED PRIOR TO FINAL JUDGMENT IN THE WAKE OF DOE V. VILLAGE OF DEERFIELD
INTRODUCTIONImagine you are arrested for a crime as a result of someone lying to the police.1 Despite learning of the lie, the prosecution does not dismiss the case and you are tried for something you did not do.2 Even if the court enters a judgment...
Leap of Faith: Determining the Standard of Faith Needed to Violate the Implied Covenant of Good Faith and Fair Dealing for Delaware Limited Liability Companies
INTRODUCTIONDelaware courts have long respected the right to contract in Delaware, and possibly no entity is afforded more privileges to set the boundaries of its corporate form than the Delaware Limited Liability Company ("LLC"). Unlike nearly every...
ROSENFIELD V. GLOBALTRANZ: IS THE MANAGER RULE DEAD? THE NINTH CIRCUIT HOLDS THAT FAIR NOTICE IS THE APPROPRIATE TEST FOR WHETHER A MANAGERIAL EMPLOYEE'S ACTIVITY IS PROTECTED UNDER THE FLSA
IntroductionThe Fair Labor Standards Act of 1938 ("FLSA" or "Act") governs wage and hour standards for employees in both the public and private sectors.1 Because the FLSA depends primarily on employee reporting for enforcement, it includes protections...
THE CONSTITUTIONALITY OF THE IMMIGRATION AND NATIONALITY ACT CALLED INTO QUESTION AGAIN: THE NINTH CIRCUIT CORRECTLY HOLDS "OBSTRUCTION OF JUSTICE" RAISES GRAVE CONSTITUTIONAL CONCERNS IN VALENZUELA GALLARDO V. LYNCH
INTRODUCTIONFor foreign nationals in the United States, the consequences of criminal activity can go far beyond fines or imprisonment.1 This is particularly true when a foreign national is convicted of an aggravated felony for which the consequence is...
The Overlooked Daisy Chain Problem in Salman
INTRODUCTIONThe Supreme Court recently heard oral arguments in Salman v. United States.1 The Court granted certiorari to resolve the clash between Salman and the U.S. Court of Appeals for the Second Circuit's 2014 decision in United States v. Newman...
The Role of Antitrust Principles in Patent Monopolies: The Third Circuit Applies Antitrust Scrutiny to No-Ag Patent Settlements in Smithkline
INTRODUCTIONIn 2005, Smithkline Beecham Corp., doing business as GlaxoSmithKline ("GSK"), a brand-name pharmaceutical manufacturer, settled a patent infringement lawsuit with Teva Pharmaceutical Industries ("Teva"), a generic pharmaceutical manufacturer.1...
WHO NEEDS TO KNOW? THE SEVENTH CIRCUIT ACCEPTS INFORMATION SENT TO GOVERNMENT AS PUBLICLY DISCLOSED IN CAUSE OF ACTION V. CHICAGO TRANSIT AUTHORITY
IntroductionWatchdog agencies and individual whistleblowers rely on the False Claims Act ("FCA" or "the Act") and its qui tam provisions to expose fraud against the United States government.1 The potential for financial windfall through a private action...
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