Author: BC Law Impact Guest Posts

It’s a Bad Idea, Right? F– It, It’s Fine.

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This guest post by BC Law Professor Brian Quinn first appeared in the M&A Law Prof Blog.

Hi. Back again. I’ve generally taken a hiatus from blogging, but felt it important to come back and put some things on the record, as it were. If this has not been on your radar, in the past two months or so, Delaware has been on a mad rush to make some significant amendments to its corporate law. This, after having previously signaled it wasn’t going to make any amendments this year. I’ll go into each of the proposed amendments in subsequent posts and the problems I see with the process, but in this post I want to focus on one of the potential reasons for moving so quickly to make changes to the law. 

The amendment themselves are what are being called market practice amendments. Earlier this year the Chancery Court asked itself: “What happens when the seemingly irresistible force of market practice meets the traditionally immovable object of statutory law? A court must uphold the law, so the statute prevails.” Moelis. In all three of these cases, the court effectively dealt a knuckle-wrapping to practitioners.

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New York Tests FCC’s “No Rate Regulation” Pledge

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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.

Reclassification opponents have long warned that net neutrality could be a Trojan horse for broadband rate regulation. Partly in response to this criticism, the Federal Communications Commission’s recent Title II reclassification order expressly reiterated its commitment to the agency’s long-standing, bipartisan commitment to keeping the Internet free from price controls. But even before the order had been finalized, New York’s Affordable Broadband Act began testing the strength of that commitment—and the agency’s initial response seems to be reinforcing its critics’ concerns.

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The House TikTok Ban is an Empty Threat

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

Last month, the House of Representatives proudly voted to ban TikTok unless its corporate parent sells the app within six months. But proponents eager to strike a blow against the Chinese government might not celebrate just yet. There are three main problems with the proposed TikTok ban: it’s probably unconstitutional, it’s practically unenforceable, and, even if it worked, it wouldn’t solve the problem of China gathering sensitive data about American users.

Other than that, it’s fine.

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Concern for Kids Prompts Problematic Internet Regulation, Take 27

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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.

“What about the kids?” plays an outsized role in the short history of Internet law. From the Communications Decency Act to the Child Online Protection Act, California’s violent video game law, and more, the contours of online regulation have been shaped well-meaning legislation that turned out to be unwise, unconstitutional, or both. 

Last month, the Senate Commerce Committee reported out a bill poised to become the next entry in this dubious canon. The Kids Online Safety Act (KOSA) purports to protect minors from the very real risks posed by social media. But it does so by placing a vague duty of care on a wide range of Internet-based companies in a manner likely to chill significant amounts of online speech and do more harm than good to minors and society in general—in the unlikely event that it survives judicial review.

The crux of the act is Section 3, which requires “covered platforms” to take reasonable measures to prevent and mitigate specific harms to minors, including:

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Dispatches from Dubai Part Two: Attending COP28

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Note: this is the second in a two-part guest post series from BC Law 3L Edwin Ward. Read part one.

Day 5: 12/11/23

Welcome back to the second half of my experience as an observer with the Boston College delegation to the UN Climate Conference. If you haven’t read the first half, you can do so here.

Monday was a rest day for many on the BC delegation, including myself. Rest of course, is a misnomer, as it only means I had to briefly return to the reality of finals season at BC Law—performing a policy and plan analysis of car-centric infrastructure in Syracuse, NY, writing a paper on how US tax law can incentivize more lobbying by environmental organizations to fight back against fossil fuel lobbying, and studying for my international law final. Although it felt odd doing schoolwork in Dubai, it was such a privilege to be able to do it inside the awe-inspiring dome of Al Wasl Plaza.

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Dispatches from Dubai: Attending the COP28 UN Climate Conference

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Note: this is the first of a two-part guest post series from BC Law 3L Edwin Ward.

Day 0: 12/6/23

On December 6, after taking my criminal procedure final, I prepared to fly halfway across the world to the United Arab Emirates on a mission to save the planet. 

Maybe I should back up. I am one of the two BC Law students who were chosen to represent Boston College at the 28th Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC)—more commonly known as the UN Climate Conference, or simply COP28. 

This annual conference is a meeting of all the nations of the world to reach consensus on the fight against climate change. The most famous of these conferences, COP21, delivered the groundbreaking Paris Agreement. This year’s COP is the first global stock take to assess our progress on meeting the goals of the Paris Agreement. COP28 is also notable for being hosted by the United Arab Emirates, a fossil fuel state that has presented more roadblocks than solutions in the fight to phase out fossil fuels.

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Sticks and Stones: Handling Confrontation Like a Lawyer

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Today’s guest post is written by Glenn Cunha, a Boston College graduate, BC Law adjunct professor, a former managing attorney of the Criminal Bureau in the Massachusetts Attorney General’s Office and retired Massachusetts Inspector General. He is currently serving as a special prosecutor to the Suffolk County District Attorney.

Please note that today’s post contains language and situations that may be upsetting.

As lawyers, we sometimes take for granted the skills we hav‌e honed over the years during law school and in practice. I wanted to become a lawyer when I realized I could have a career based on talking, arguing and going after bullies. It’s just who I am.  Teachers, family members, coaches and friends would always tell me that I would make a good lawyer someday.

The legal skills we use — advocacy, quick thinking, level headedness — are skills I’ve had my whole life. I certainly refined them as a law student and throughout my career but because they are so natural to me, I tend to think everyone has them. After a situation this past summer, it became apparent to me that this isn’t necessarily true.

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The Supreme Court Experience

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Today’s guest post about Professor Kent Greenfield’s class “The Supreme Court Experience” is by 3L Elijah Rockhold. Watch a video about the class here.

When imagining the institutions of government in Washington, D.C., people might think of the grandiose Capitol building, with its intimidating Rotunda, massive chambers, and spacious steps where Presidents are inaugurated. Or they imagine the lawns on either side of the White House: the tours of the nation’s home and seat of power. Fewer people may imagine the Supreme Court, a beautiful building by its own terms, but smaller and less imposing than the other two branches of government. The building is tucked behind the Capitol, not viewable from the mall, and the public access is limited compared to other D.C. buildings. Even inside, the Courtroom in the center of the building is small: only about one hundred spectators can watch arguments in the room. 

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LAHANAS: Welcome Back to Campus

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Welcome back, BC Law students! We, the student directors of LAHANAS, wanted to re-introduce ourselves. 

LAHANAS is the student-led umbrella organization, open to all, with a particular focus on supporting BC Law’s affinity student groups, including:

  • Asian Pacific American Law Students Association (APALSA)
  • Black Law Students Association (BLSA)
  • Disability Law Students Association (DLSA)
  • Latin American Law Students Association (LALSA)
  • Lambda Law Students Association
  • Middle Eastern Law Students Association (MELSA)
  • Native American Law Students Association (NALSA)
  • South Asian Law Students Association (SALSA)

We are committed to addressing diversity, equity, inclusion and belonging issues on campus and we work closely with Lisa Brathwaite, Assistant Dean of Diversity, Equity and Inclusion, all of the student affinity groups, the Career Services Office, the Academic Success Program and Academic & Student Services to ensure that BC Law is and feels like an inclusive and supportive community.

We want all BC Law students to feel comfortable and safe being their full selves, and we recognize the importance of having an intersectional and supportive network to rely on. Please do not hesitate to be in touch with us directly via email should you have any questions about who we are and how we can support you. Welcome back again, and we look forward to an exciting year ahead. 

Ali Shafi (3L), Jasmine Lee (3L), and Kristie-Valerie Hoang
LAHANAS Student Directors

Law School: Stepping Stone or End Goal? 

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By Alyssa Leston

So you made the decision to go to law school. 

Maybe–like me–you realized it was the last day to sign up for the LSAT for the upcoming application cycle, forcing you to spend a frantic few weeks studying and then researching which school was the right fit. 

Or maybe you’ve known for years that this was your path; months of preparation, tours, and networking brought you to the school you are at now, feeling ready and excited to start achieving your dream.

Or maybe, now that you’re here, you’ve stopped caring about how you got to where you are, because you realized that regardless of the process, you’re not excited to be there after all. 

So, what now?

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