Boston College Law Review

Articles from Vol. 55, No. 2, March

Delay and Its Benefits for Judicial Rulemaking under Scientific Uncertainty
INTRODUCTIONWatchers of antitrust law are often confounded by the slowness with which the Supreme Court adjusts doctrine to conform to new economic science.1 Why did it take decades for a compelling microeconomic theory to take down the ancient per se...
Don't Dissolve the "Nerve Center": A Status-Linked Citizenship Test for Principal Place of Business
INTRODUCTIONConsider an Internet-based corporation that sold clothing and conducts all of its sales activities online.1 Because this company was primarily an online retailer, it made some of its controlling business decisions at a small office in Boston-the...
Impeachment by Unreliable Conviction
INTRODUCTIONThe practice of impeaching criminal defendants by means of their prior criminal convictions has a long history. Of more recent prominence within the criminal justice system are various challenges to the reliability of a conviction as an indicator...
Making Do in Making Drugs: Innovation Policy and Pharmaceutical Manufacturing
INTRODUCTIONM&M chocolate candies are made with a precision far beyond the capabilities of many drug manufacturers.1 This disparity is surprising because the drug industry is tightly regulated by the U.S. Food and DrugAdministration (FDA)- which...
Missing God in Some Things: The Nlrb's Jurisdictional Test Fails to Grasp the Religious Nature of Catholic Colleges and Universities
INTRODUCTIONSaint Xavier University and Manhattan College are fairly typical American Catholic institutions of higher learning.1 In their mission statements, they affirm their Catholic identity and how their ways of educating their students are inspired...
Taxing Bankrupts
INTRODUCTIONWhat role should the government play in times of economic distress? To what extent should the government offer assistance to financially troubled citizens and businesses, thereby smoothing consumption and absorbing economic shocks? And what...
The Death of Inference
INTRODUCTIONWhen people do bad things, they have a motive to avoid getting caught. So sometimes they lie. This is such a familiar concept that we have common cultural reference points. Think of the child who denies stealing from the cookie jar (popularized...
Uncharitable Hospitals: Why the IRS Needs Intermediate Sanctions to Regulate Tax-Exempt Hospitals
INTRODUCTIONIn the late 1990s, Sondra Henderson was unemployed and struggling to make ends meet after a divorce destroyed her family business.1 After seeking treatment for her heart condition at Yale-New Haven Hospital, Ms. Henderson-while uninsured-was...
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