Boston College Law Review

Articles from Vol. 53, No. 4, September

Anticipating New References: Predicting the Contours of the New "Otherwise Available to the Public" Category of Prior Art
IntroductionIn September, 2011, Congress enacted the Leahy-Smith America Invents Act ("America Invents Act"), representing the most significant reform of the United States patent system since 1952.1 As part of the move from a first-to-invent to a first-to-file...
Beyond Practical Skills: Nine Steps for Improving Legal Education Now
"When You Come to a Fork in the Road, Take It!"-Yogi BerraIntroductionLegal education is at a crossroads. In a series of studies over the past two decades, reports commissioned by the American Bar Association (ABA) and the Carnegie Foundation for the...
One Merger, Two Agencies: Dual Review in the Breakdown of the At&t/t-Mobile Merger and a Proposal for Reform
INTRODUCTIONOn March 20, 2011, two of the four largest U.S. wireless telephone companies, AT&T Inc. ("AT&T") and T-Mobile USA ('T-Mobile"), announced their intention to merge.1 The merger proposal instigated a heated debate among the public and...
Reasonable Copyright
The test for infringement of a copyright is of necessity vague.-Learned Hand1IntroductionHe does not act irrationally. He does not kill, steal, or intentionally inflict emotional distress, unless he has exceptional grounds for doing so. He is never reckless...
Standing as Channeling in the Administrative Age
IntroductionCongress authorizes citizen suits for the enforcement of certain federal laws, but the authorizing statutes do not delineate any criteria for parties to have standing to bring such suits.1 Courts have derived standing rules (ambiguous enough...
The Calculus of Accommodation: Contraception, Abortion, Same-Sex Marriage, and Other Clashes between Religion and the State
Introduction2012 has witnessed a "political maelstrom"1 over the Obama administration's regulations to implement the new health care reform law, the Patient Protection and Affordable Care Act of 2010 (ACA).2 These regulations require nearly all employers...
The Extension Clause and the Supreme Court's Jurisdictional Independence
IntroductionAddressing Parliament in an October 1775 speech that unwittingly galvanized Americans' resolve, King George III lamented that the rebels had "assumed to themselves legislative, executive, and judicial powers, which they already exercise in...
The First Amendment and Commercial Speech
IntroductionBecause not all expression is included in the speech whose freedom the First Amendment prohibits Congress from abridging,1 the constitutionality of regulation of commercial speech turns, in fair part, on whether and why that speech is determined...
The Process That Is Due: Preponderance of the Evidence as the Standard of Proof for University Adjudications of Student-on-Student Sexual Assault Complaints
IntroductionSexual violence, including rape and other forms of sexual assault, is a pervasive problem facing colleges and universities across the United States.1 As many as one in every five women is likely to be raped or sexually assaulted during her...
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