Boston College Law Review

http://lawdigitalcommons.bc.edu/bclr/

List of Papers (Total 2,544)

Standing in the Future: The Case for a Substantial Risk Theory of "Injury-in-Fact

The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data...

The Cost of High Prices: Embedding an Ethic of Expense into the Standard of Care

In the midst of rapid and radical change of America’s health care system, the country’s crown jewel public health insurance program, Medicare, faces an intensifying cost crisis due to a past of uncontrolled prices and a future of booming enrollment. A cost challenge garnering particular media attention is pharmaceutical drug pricing for Medicare Part B. Historically...

Reed v. Town of Gilbert: Relax, Everybody

In Reed v. Town of Gilbert, the U.S. Supreme Court held that a law is content-based if it draws distinctions on its face based on the message an affected speaker conveys. Reed rejected previous lower court interpretations of the Court’s content discrimination doctrine, which had consistently held that a content-based law was not subject to strict scrutiny if its reference to...

Should YouTube’s Content ID Be Liable for Misrepresentation Under the Digital Millennium Copyright Act?

YouTube has quickly become the dominant player in the Internet video sharing platform market. To keep its leading position, it created an internal automated system to police potential copyright infringements known as Content ID. Generally, that system functions similarly to third-party computer automated systems that send takedown requests, yet it is exempt from liability for...

Can I Skype My Doctor? Limited Medicare Coverage Hinders Telemedicine’s Potential to Improve Health Care Access

Telemedicine services, such as virtual consultations and remote patient monitoring, are revolutionizing health care delivery. The Patient Protection and Affordable Care Act of 2010 (“ACA”) promotes the use of technology in health care reform as a means to increase quality and access while reducing costs. Despite the excitement around telemedicine, the lack of Medicare...

Out of Service: Does Service Time Manipulation Violate Major League Baseball’s Collective Bargaining Agreement?

Under the current Major League Baseball Collective Bargaining Agreement (“CBA”), professional players are eligible to file for salary arbitration or free agency once they reach certain thresholds of service time in the league. In recent years, however, Major League Baseball teams have taken advantage of the construction of service time rules in order to artificially keep players...