Boston College Law Review

Articles from Vol. 54, No. 5, November

BRIDGING THE (LIABILITY) GAP: THE SHIFT TOWARD § 271(b) INDUCEMENT IN AKAMAI REPRESENTS A PARTIAL SOLUTION TO DIVIDED INFRINGEMENT
IntroductionThe U.S. Court of Appeals for the Federal Circuit made it increasingly difficult in recent years for patentees of method patents to hold any party liable for patent infringement in divided infringement cases.1 Unlike individual infringement,...
Check Fraud and the Common Law: At the Intersection of Negligence and the Uniform Commercial Code
IntroductionDelighted by the sudden success of his business but unable to keep up with operations himself, a small business owner hires an accountant to manage the company's finances.1 The owner's trust is misplaced, and the accountant embezzles hundreds...
Coming Up for Air: The Constitutionality of Using Eminent Domain to Condemn Underwater Mortgages
IntroductionBeginning in late 2007 the U.S. economy faltered, leading to one of the worst recessions in the country's histor y.1 The turbulence of the U.S. economy had been precipitated by problems arising in the mortgage and housing markets.2 Though...
Constitutionalism and Coercion
IntroductionGovernment is not very popular these days. In the United States, and to a significant extent elsewhere, trust in government appears to be extraordinarily low. And the degree of distrust of government is matched by, and arguably caused by,...
Don't Stop the Clock: Why Equitable Tolling Should Not Be Read into the Hague Convention on International Child Abduction
IntroductionEstelle Bocquet and Kamal Ouzid had a child together in Miami, Florida in 1996.1 The couple lived with their child, Noe, in Miami from 1996 to 1998.2 In 1999, Bocquet returned to France and enrolled Noe in a French preschool.3 The family...
Social Enterprise: Who Needs It?
IntroductionSocial enterprise lawmaking is a growth industry. Over the past four years, state statutes authorizing new forms of corporate entities have proliferated.1 The new entities come in several flavors-low-profit limited liability companies, "benefit...
The Citizenship Line: Rethinking Immigration Exceptionalism
IntroductionAs immigration enforcement continues its stunning expansion in the United States, individuals across a range of statuses-documented and undocumented, citizen and noncitizen-are increasingly feeling its effects.1 The substantive provisions...
The Competitive Advantage of Weak Patents
IntroductionCurrent U.S. patent law is based on a fundamental misconception regarding the effects of U.S. patents on U.S. competitiveness. The conventional view is that U.S. patents help firms in the United States to compete against foreign rivals because...
Two Federally Subsidized Health Insurance Programs Are One Too Many: Reconsidering the Federal Income Tax Exclusion for Employerprovided Health Insurance in Light of the Patient Protection and Affordable Care Act
IntroductionSection 106 of the Internal Revenue Code (I.R.C.) creates a government subsidy for employer-provided health insurance that covers millions of Americans.1 Pursuant to this rule, employees are not taxed on the health care benefits that they...
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