Author: BC Law Impact Guest Posts

The Most Important Thing I Learned from Taking the Civil Litigation: Housing Justice Clinic

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This guest post was written by Melanie Barber, a second-year student at BC Law.

In the fall, I participated in BC Law’s Civil Litigation: Housing Justice Clinic. I enrolled in the clinic because I was personally motivated by the work. I (like many Boston-area students) have collected my fair share of landlord horror stories and I relished the opportunity of holding landlords accountable. I also wanted to strengthen my understanding of civil procedure, which was not my strong suit when I took it as part of the 1L curriculum. Most importantly, I felt a growing obligation to use my legal education to critically consider access to justice issues.

Before our first seminar, my professor asked us to read an essay from Atul Gawande’s Complications. In this essay, titled Education of a Knife, Gawande reflects on his experience as a surgical resident learning to place a central line. He writes of his self-doubt and mistakes. It was an interesting read, but I remember thinking: what is my professor trying to suggest here? I am only a 2L trying to navigate the first few weeks of Evidence and Professional Responsibility. My professor isn’t going to throw me into a trial, right?

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After Net Neutrality: The Return of the States

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

I recently discussed the Sixth Circuit decision classifying broadband as a Title I information service and effectively eliminating the Federal Communications Commission’s (FCC) general power to regulate broadband. But like nature, regulators abhor a vacuum. While closing the door to federal regulators, the decision also creates opportunities for states to act. This post examines the present and potential future of state-level broadband regulation.

Historically, state regulators were key players in the telecommunications space. The Communications Act of 1934 divided the telecommunications world into two neat hemispheres: The FCC regulated interstate long-distance service, while state commissions regulated local and intrastate long distance. This division of authority made sense in a world where 98 percent of calls were local, and long-distance calls were a luxury. But the Telecommunications Act of 1996 dramatically rearranged the balance of power between the federal government and the states. Meanwhile, local telephone service largely disappeared as a separate market, before communication shifted from the telephone to broadband networks. As a result, most states shuttered their telecommunications regulators early in the 21st century.

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Sixth Circuit Strikes Net Neutrality in Victory for Tech, Administrative Law

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

My fellow tech policy enthusiasts, our long national nightmare is over. Last week, the Sixth Circuit brought an end to the decade-long fight over net neutrality by prohibiting the Federal Communications Commission (FCC) from applying Title II common carrier regulation to broadband providers. The decision is a victory for tech policy, freeing Internet access from the shadow of overbearing regulation. It’s also a win for administrative law, as it aligns with the Supreme Court’s guidance that courts, not agencies, should resolve disputes over statutory interpretations. The ruling reaffirms the principle that important policy decisions should be made by Congress, not by agencies under the guise of interpreting ambiguous statutes.

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What’s Next After Court Upholds TikTok Ban

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Last week, the DC Circuit Court of Appeals upheld the TikTok divest-or-ban bill against a constitutional challenge. The result was unsurprising given how poorly TikTok fared at September’s oral argument. The decision itself contains many intriguing legal insights at the nexus of national security and free speech. This post examines the Court’s First Amendment analysis and explains why, despite the loss, the popular but problematic platform is unlikely to be shut down.

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Assessing the Rosenworcel Era: Lessons for Incoming FCC Chairman Carr

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Blair Levin is one of telecommunications policy’s respected elder statesmen. He served as chief of staff to Federal Communications Commission (FCC) Chairman Reed Hundt, executive director of the National Broadband Plan, and played a key role for the Obama transition team. His insightful commentary on tech issues, offered from his current perches at Brookings and New Street Research, is followed closely by power players both in Washington and on Wall Street.

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Thinking About Transferring? Look at BC.

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I like to think of myself as one of the most non-traditional students at BC Law. I have a three-year-old daughter named Rose, who I am simply obsessed with. I am in my 30’s, a fact which seems to shock my classmates. I am an Active Duty Military member of the U.S. Coast Guard, having served eight years of service already, and I will (hopefully) get to serve at least twelve more. My little brother is also a 1L, grinding through his first year at BC Law and thriving.

Lastly, I am a transfer student. 

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Breaking Down a Big Week in the Net Neutrality Case

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

While the eyes of much of the country were on Pennsylvania and Georgia last week, the tech community was focused on Cincinnati, where the Sixth Circuit Court of Appeals heard arguments in the net neutrality case. As I’ve noted before, it’s unwise to predict a decision based on oral argument alone. But the arguments signaled that the court is far more interested in the merits of the case than most anticipated. This post discusses that shift, while acknowledging that events last Tuesday may ultimately overshadow those on Halloween.

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TikTok’s No Good, Very Bad Day in Court

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

I have previously discussed the First Amendment implications of a potential TikTok ban. Removing TikTok from US markets implicates not just the speech rights of TikTok US—an American subsidiary of China-based ByteDance—but also those of its 170 million American users, many of whom actively create content on the platform. To prevail, the government must demonstrate that the ban furthers an important governmental interest unrelated to free expression and that it does not substantially burden more speech than necessary to achieve that interest. The latter is particularly challenging, which is why courts enjoined earlier bans on TikTok and WeChat.

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How Can Line Dancing Help Reframe 1L September? Let Me Explain.

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By Catherine Beveridge

As a 1L, you might think the torrent of information coming your way will start to slow after orientation. We covered the major bases like the academic success program, experiential learning, the job search, and even heard an inspirational talk with Fr. Jack Butler. However, when classes start, it ramps up even higher. Every club has an introductory meeting, networking events pop up, and the career office promised to leave you alone but here they are with a resume workshop right as you want to go home on a Friday afternoon. 

After another day of classes, introductory meetings and workshops I found myself on my bed, exhausted and staring face-up at the ceiling. That was when I discovered a way to step back. 

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Telegram CEO Arrest and Brazil’s X Ban Raise Free Speech and Privacy Concerns

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Last week, global headlines spotlighted two separate flashpoints in the battle by governments to police social media networks. In Paris, Telegram CEO Pavel Durov was arrested for complicity in distribution of child sexual abuse imagery. And in Brazil, a judge banned X (formerly Twitter) nationwide after the company refused to block certain users on the eve of election season.  While both incidents can be couched as failures to comply with national law, the unusually harsh remedies raise important concerns about free speech and privacy online.

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