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Faculty Scholarship

Notable Faculty Publications

Recent works by BC Law professors.

       
Patricia McCoy 

Patricia McCoy’s Sharing Risk: The Path to Economic Well-Being for All (University of California Press, 2025) examines why society should pool and spread the financial risk that individual families bear. Citing the history of risk sharing in the Social Security and Affordable Care acts, she argues that when societies pool and share risks, families are better equipped to achieve economic well-being.


Mary Holper’s “Discretionary Immigration Detention” appeared in the Duke Law Journal. The article argues that the justifications for unreviewable discretion and for stripping federal court jurisdiction over immigration decisions are not applicable when an immigration judge decides whether to detain a person pending removal proceedings. It also suggests ways the judiciary can limit the statute’s reach.


Natalya Shnitser’s Yale Law Journal article “Overtaking Mutual Funds: The Hidden Rise and Risk of Collective Investment Trusts” discusses the rise in collective investment trusts replacing mutual funds on employer-sponsored retirement plans. She explores how their growth has gone largely unexamined, highlights the policy implications for retirement savers, and builds a foundation for future scholarship. 


Alfred Yen co-authored “Federal Legislation and College Sports: Which Way Forward?” (Fordham Law Review, 2025), arguing that Congress should not yet respond to the NCAA’s entreaties by enacting legislation to preserve or restore the NCAA’s ability to limit compensation and earnings of Division I athletes. Rather, it should ensure that laws of general applicability apply to the NCAA and its members.