Boston College Law Review

Articles from Vol. 52, No. 5, November

Cease and Desist: Finding an Equitable Solution in Trademark Disputes between High Schools and Colleges
IntroductionIn the summer of 2010, the relationship between Florida State University and Southeast High School became national news when the University threatened to file suit against the high school over alleged trademark infringement.1 Despite decades...
FCC Regulation versus Antitrust: How Net Neutrality Is Defining the Boundaries
IntroductionThere is a crucial battle playing out in the world of Internet access provision. While the Internet is the natural home of competing business giants and warring digital avatars, the contest that will have the most sweeping ramifications for...
HOW AMERICAN ARE AMERICAN DEPOSITARY RECEIPTS? ADRs, RULE 10b-5 SUITS, AND MORRISON V. NATIONAL AUSTRALIA BANK
IntroductionInvestors who believe that they have been the victims of securities fraud can sue the issuer of the security under Securities and Exchange Commission Rule lOb-5.1 For decades, when the alleged fraud involved foreign elements, the federal...
Presidential Power and Constitutional Responsibility
IntroductionIn the days following the attacks on September 11, Congress granted the President authority to use "all necessary ... force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist...
Regulatory Hide and Seek: What Agencies Can (and Can't) Do to Limit Judicial Review
IntroductionThe "dominant narrative of modern administrative law" states that courts are "key players who help tame, and thereby legitimate, the exercise of administrative power."1 This narrative underlies the U.S. Su~ preme Court's familiar "presumption...
The Benefits of Opt-In Federalism
IntroductionFew national debates have rivaled the intensity of those regarding the Patient Protection and Affordable Care Act ("ACA").1 It is not difficult to see why. Sickness spares no one. Nor, some fear, does the federal government. The ACA involves...
Time for the Court to Become "Intimate" with Surveillance Technology
IntroductionThe growth of technology has surged in recent years.1 As a result, technology has become integrated into our everyday lives and has made us more willing to proride strangers with private information in exchange for their promise to make our...
Uncorking Granholm: Extending the Nondiscrimination Principle to All Interstate Commerce in Wine
IntroductionChief Justice John Marshall, like many other Founding Fathers, was an oenophile.1 He was particularly fond of Madeira, the fortified Portuguese wine, and reached many a judicial accord with his colleagues over after-dinner glasses-so well-known...
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