Fall 2011

Commencement Address

Commencement Address at New England Law | Boston: May 27, 2011

Jane Sullivan-Roberts

Articles

Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection in a Comparative Law Context

Carla Spivack

What One Lawyer Can Do for Society: Lessons from the Remarkable Career of William P. Homans Jr.

Mark Brodin

History’s Orphan: Arthur MacLean and the Legal Education of Women

Ronald Chester

Notes 

From the Courthouse to the Police Station: Combating the Dual Biases That Surround Federal Money-Laundering Asset Forfeiture

 Owen Sucoff

Affordable Housing in Massachusetts: How to Preserve the Promise of “40B” with Lessons from Rhode Island

 Erika Barber

All A- “Twitter”: The Buzz Surrounding Ranting on Social-Networking Sites and Its Ramifications on the Employment Relationship

Kimberly Bielan

Comments

As Luck Would Have It: Pollard v. GEO Group’s Extension of the Bivens Remedy Against Private Prison Employees

Michelle Byers

The Government Knows Best?: The Government’s Use of Minors as a Shield for Imposing Paternalistic Motives

Melaney Hodge

Winter 2012

Articles

Wal-Mart Stores v. Dukes: Lessons for the Legal Quest for Equal Pay

Deborah Thompson Eisenberg

Mr. Sullivan’s Trunk: Constitutional Common Law and Federalism

Hon. Richard E. Welch III

Notes

When Evidentiary Rules Enforce Substantive Policies: Same-Sex Marital Privilege Under Federal Rule of Evidence 501 in Diversity Cases

John Bergstresser

Righting the Wrong and Seeing Red: Heat of Passion, the Model Penal Code, and Domestic Violence

 Nikolette Y. Clave

Another Small Step in America’s Battle Against Drunk Driving: How the Spending Clause Can Provide More Uniform Sentences for Drunk-Driving Fatalities

 Amanda Staples

Spring 2012

Symposium

On the Table: An Examination of Medical Malpractice, Litigation, and Methods of Reform

Foreword: Improving Patient Safety and Providing Fair Compensation

Micah L. Berman

Healthcare Quality, Patient Safety, and the Culture of Medicine: “Denial Ain’t Just a River in Egypt”

David A. Hyman & Charles Silver

Adverse Events and Patient Injury: Coupling Detection, Disclosure, and Compensation 

Barry R. Furrow

New York’s Innovative Approach to Medical Malpractice

Hon. Douglas E. McKeon

The Potential of Captive Medical Liability Insurance Carriers and Damage Caps for Real Malpractice Reform

Eleanor D. Kinney

Medical Apology Programs and the Unauthorized Practice of Law

Gabriel H. Teninbaum

Notes

Interior-Vehicle Sniffs: Reining in the Leash on Drug-Dog Sniffs and Searching for the “Search” that Courts Have Yet to Find

Jessica Alfano

What Are the Odds: Applying the Doctrine of Chances to Domestic-Violence Prosecutions in Massachusetts

Michelle Byers

“Look Ma, No Hands!”: Wrinkles and Wrecks in the Age of Autonomous Vehicles

Andrew P. Garza

Repeal Anti-Bribery Legislation? A Defense of Laws Promoting Clean Business and Transparent Government 

Nikolaus Schuttauf

Comment

Fleshner v. Pepose Vision Institute: Eviscerating the Mansfield Rule

Robert Buchholz

Summer 2012

Note From the Editor

Robert Buchholz

Paper Symposium

“Convincing the Innocent”

Introduction: New England Law Review Symposium on “Convicting the Innocent”

Brandon L. Garrett

False Confessions and Correcting Injustices

Gisli H. Gudjonsson

Forensic Science and Wrongful Convictions: From Exposer to Contributor to Corrector

Simon A. Cole

To Walk in Their Shoes: The Problem of Missing, Misunderstood, and Misrepresented Context in Judging Criminal Confessions

Deborah Davis & Richard A. Leo

The Dangers of Eyewitnesses for the Innocent: Learning from the Past and Projecting into the Age of Social Media

Deborah Davis & Richard A. Leo

Notes

When Your Best Friend Is Your Worst Enemy: How 18 U.S.C. § 1519 Transforms Internal Investigations into State Action and Unexpected waiver of Attorney-Client Privilege

Robert Buchholz

Prying Eyes: How Government Access to Third-Party Tracking Data May Be Impacted by United States v. Jones

Brian Davis

Reasonable Suspicion of an Unjust Conclusion: How Commonwealth v. Cruz Cripples Enforcement of Mass. Gen. Laws Ch. 94C, § 32L

John Sullivan

Comments

People v. Flick: Modernizing Michigan’s Child-Pornography Statute to Criminalize “Viewing” in Response to Evolving Internet Technology 

Julianne C. Fitzpatrick

The Magic Bullet in People v. Perez: Charging Attempts Based on Culpability and Deterrence Regardless of Apparent Ability

Andrew P. Garza

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