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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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Law School in Action: Amicus Brief Clinic

/ Tess Halpern / Leave a comment

Boston College Law School gives its students a wide range of classes to take that are taught by some of the best scholars in the field. Yet, while learning about the law in a classroom is crucial to becoming a successful attorney, nothing prepares you for day-to-day practice more than getting hands-on experience before graduating. That’s where BC Law’s clinics come in.

Law students in their second and third years of study can apply for coveted spots in any of the school’s fifteen clinics. No matter what someone’s legal interest is, there’s a clinic for them! To help students better understand the opportunities available to them, the BC Law Impact Blog is highlighting each of these clinics this semester. Here is our interview with the director of the Amicus Brief Clinic, Tom Carey.

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Law School in Action: Compassionate Release and Parole Clinic

/ Tess Halpern / Leave a comment

Boston College Law School gives its students a wide range of classes to take that are taught by some of the best scholars in the field. Yet, while learning about the law in a classroom is crucial to becoming a successful attorney, nothing prepares you for day-to-day practice more than getting hands-on experience before graduating. That’s where BC Law’s clinics come in.

Law students in their second and third years of study can apply for coveted spots in any of the school’s fifteen clinics. No matter what someone’s legal interest is, there’s a clinic for them! To help students better understand the opportunities available to them, the BC Law Impact Blog is highlighting each of these clinics this semester. Here is our interview with the director of the Compassionate Release and Parole Clinic, Frank Herrmann.

Tell us about your clinic!

Prisoners who have become eligible for parole after serving at least fifteen years in prison on life sentences (“lifers”) often appear before the Massachusetts Parole Board without representation. Students help prepare these individuals for their parole release hearings, and even represent them at the hearings. Representation includes learning about a client’s life before the underlying crime; the facts of the underlying crime; the client’s institutional history; any of the client’s physical, medical, or mental health conditions; and the client’s risk to re-offend. Ordinarily, students learn about all of the above during visits with their clients in prison, though contact with clients is also sometimes conducted via Zoom and telephone due to COVID-19. Additionally, students prepare memoranda in support of parole, including re-entry plans that they draft with the help of social work students.

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Law School in Action: Massachusetts Attorney General Civil Litigation Program

/ Tess Halpern / 1 Comment

Boston College Law School gives its students a wide range of classes to take that are taught by some of the best scholars in the field. Yet, while learning about the law in a classroom is crucial to becoming a successful attorney, nothing prepares you for day-to-day practice more than getting hands-on experience before graduating. That’s where BC Law’s clinics come in.

Law students in their second and third years of study can apply for coveted spots in any of the school’s fifteen clinics. No matter what someone’s legal interest is, there’s a clinic for them! To help students better understand the opportunities available to them, the BC Law Impact Blog is highlighting each of these clinics this semester. Here is our interview with a co-director of the Massachusetts Attorney General Civil Litigation Program, Tom Barnico.

Tell us about your clinic!

The Massachusetts Attorney General Civil Litigation Program provides a full-year clinical experience in civil litigation in the Government Bureau of the Massachusetts Office of the Attorney General (AGO). Students in the Program get to work directly with Bureau assistant attorneys general in the representation of state agencies and officials in state and federal courts. This is also the only clinic offered at BC Law where students get to conduct civil litigation in a public law office.

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Conquering the Cold Call

/ Sangeeta Kishore / Leave a comment

I’ve only been in law school for a few weeks, and I’ve already been confronted with my biggest fear: the cold call. It’s unlikely that I’m alone in this. Like many of us, my initial visions of law school came from that scene in Legally Blonde where Elle was publicly shamed by the professor and kicked out of the classroom, with even the overachieving readers of Aristotle riddled with fear. 

The film’s exaggerations aside, I still felt daunted by the idea of entering a law school class. I won’t deny the panic I felt seeing the dreaded phrase on nearly every syllabus. “Why can’t I just answer when I feel like answering?” I could already picture it in my head: doing all the readings, knowing the cases front to back, and still freezing up the moment I get called on. It seemed like beyond all preparation, my mortification was inevitable. 

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In the Google Case, the Justice Department Continues to Help Companies, Not Consumers

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Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.

By Daniel Lyons

For almost three decades, President Joe Biden has built an image as a champion of everyday Americans. So it’s surprising to see his antitrust policy increasingly place companies, not consumers, at the center of its agenda. This shift is on full display in next month’s United States v. Google trial, which challenges Google’s position as the default search engine for smartphones and browsers. Two pretrial motions present an interesting question: If the defendant’s conduct improves the consumer’s experience, how should this factor into the court’s analysis of whether the conduct is anticompetitive?

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The AI Revolution Raises Terrifying Questions about Virtual Child Pornography

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Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.

By Daniel Lyons

It was probably inevitable that the artificial intelligence (AI) discourse would eventually turn to virtual pornography. Earlier this week, CBS News noted that increasingly sophisticated AI editing programs can exacerbate the problem of “deepfake” porn: images and videos digitally altered to appear to be someone else. This article came on the heels of a Twitter discussion Matty Yglesias prompted about whether AI-generated pornography could disrupt the adult industry by removing the need for real people to be involved.

But underlying this discussion is an even more frightening concern: the prospect of virtual child sexual abuse material (CSAM). (Hat tip to Kate Klonick.) It may surprise you that Congress was way ahead of the curve on this issue: A quarter-century ago, it banned so-called virtual child pornography, computer-generated imagery designed to look like CSAM. It may further surprise you that the Supreme Court struck down this law as unconstitutional. But the evolution of technology in the decades since suggests that it is time to revisit this problematic decision.

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What to Do About TikTok?

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Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.

By Daniel Lyons

TikTok CEO Shou Zi Chew recently testified before Congress in a hearing ostensibly asking “How Congress Can Safeguard American Data Privacy and Protect Children from Online Harms.” In reality, the five-hour session more closely resembled Grandpa Simpson shaking his fist at clouds than a nuanced discussion of cybersecurity. There appears to be a growing, bipartisan consensus that Congress should do something about the popular social media platform. But before deciding what should be done, legislators must discern what precisely are the unique policy challenges that TikTok presents.

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Faculty Spotlight: Cheryl Bratt

/ Reilly Doak / 1 Comment

Many of us attend law school to help our communities, whether through policy work, representing marginalized clients, or integrating pro bono work into our practice. However, it’s very easy for our doctrinal classes to feel removed from our ultimate purposes.

As a Law Practice Professor, Professor Bratt teaches students the skills they will use in practice, like conducting legal research, writing predictive memoranda, and drafting motions to a court. Professor Bratt–no surprise to those who know her–goes above and beyond her responsibilities as a Law Practice Professor. Not only is she a thoughtful, caring professor, but she also works with Lawyers Clearinghouse to give 1Ls discrete opportunities to assist marginalized clients with their legal issues. Professor Bratt creates opportunities for students to work with clients in need of legal services. This experience was the highlight of my 1L year, and it made me feel like I had more to offer the world and my new community in Boston.

I sat down with Professor Bratt to discuss the opportunities that lead her to her dream job, what brought her to teach Law Practice at BC Law and to get to know her beyond the classroom.

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