open menu

Faculty Scholarship

Notable Faculty Publications

Recent works by BC Law professors.


Bijal Shah’s “The Harms of Efficiency in Administrative Expertise” (Yale Journal on Regulation, Notice & Comment, 2023) argues that, “agencies’ emphasis on a competing public interest value—efficiency—impacts administrative expertise in ways that undercut both immigration and environmental justice.” Therefore, Shah says, the public has reason to be skeptical of the enterprise of administrative expertise.

Jeffrey Cohen, Karen Breda, and Thomas Carey authored the Massachusetts Law Review article “Employee Noncompetition Laws and Practices: A Massachusetts Paradigm Shift Goes National.” The piece focuses on unresolved questions in the Massachusetts Noncompetition Agreement Act and the number of Massachusetts employees who can be subjected to an enforceable noncompetition agreement.

Natalya Shnitser authored “Retirement Plan Reforms in the Absence of a Retirement Policy” (Cambridge Handbook of Investor Protection, 2022), which examines the retirement system’s goal to help individuals achieve financial security in retirement. Shnitser says the individual “investment” experience among participants in the United States varies based on the intermediaries and legal regime involved.

Frank Garcia, with Peter Dietch, authored “On Whose Terms? Power and Exploitation in Trade” (Moral Philosophy and Politics, 2022), which focuses on the injustice of exploitation in trade. Their analysis addresses the question: Does trade give rise to separate and distinct obligations of justice, or can questions of trade justice be reduced to general questions of domestic and global justice?