Boston College Law Review

Articles from Vol. 54, No. 4, September

Anchors Away: Why the Anchoring Effect Suggests That Judges Should Be Able to Participate in Plea Discussions
IntroductionThirty-eight pairs of MBA students at Northwestern University participated in a mock negotiation.1 Researchers designated one student in each pair the seller and the other student the buyer.2 The researchers told each student that the negotiation...
Far from the Maddening Crowd: Does the Jobs Act Provide Meaningful Redress to Small Investors for Securities Fraud in Connection with Crowdfunding Offerings?
If the country is to flourish, capital must be invested in enterprise. But those who seek to draw upon other people's money must be wholly candid regarding facts on which the investor's judgment is asked.-Franklin D. Roosevelt1IntroductionSigned into...
Hunting Stag with Fly Paper: A Hybrid Financial Instrument for Social Enterprise
IntroductionWhen Google issued shares to the public for the first time, the entrepreneurs at its helm had more than immediate self-gratification in mind.1 They recognized that the transaction others disdained as a nec- essary evil-a dark brew of lawyers...
IS TOO BIG TO FAIL TOO BIG TO CONFESS?: SCRUTINIZING THE SEC's "NO-ADMIT" CONSENT JUDGMENT PROPOSALS
IntroductionDuring childhood, many disputes end by way of forced apology.1 But in the securities world, malfeasants rarely acknowledge responsibility for their actions.2 In fact, under the Securities Exchange Commission's (SEC) standard settlement terms,...
Jurisdiction to Tax Corporations
IntroductionCorporate tax residence is a foundational legal construct. Determining a corporation's tax residence (namely, whether the corporation is "foreign" or "domestic" for tax purposes) is necessary to calculate the tax liabilities of the corporation...
Let's All Agree to Disagree, and Move On: Analyzing Slaughter-House and the Fourteenth Amendment's Privileges or Immunities Clause under "Sunk Cost" Principles
IntroductionThe American Civil War remains the largest source of bloodshed this country has ever suffered.1 The country, divided on the fundamental questions of who was a citizen and what rights he deserved, lost nearly 620,000 lives searching for these...
Taking Voluntariness Seriously
IntroductionAs any first-year law student can explain, the "voluntary act requirement" is a foundational component of criminal law.1 Courts, commentators, and theorists overwhelmingly assert that criminal law contains an act requirement.2 This surface...
Whether You "Like" It or Not: The Inclusion of Social Media Evidence in Sexual Harassment Cases and How Courts Can Effectively Control It
IntroductionA company's in-house counsel learns of a potential sexual harassment claim by a female employee against her supervisor and believes the supervisor's alleged actions raise liability concerns for the company.1 Within seconds, counsel finds...
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