Fall 2013
Commencement Address
Commencement Address at New England Law I Boston: May 24, 2013
United States Attorney Carmen M. Ortiz
Articles
Creamskimming and Competition
Jim Chen
“Give Me That Old Time Religion”: The Persistence of the Webster Reasonable Doubt Instruction and the Need to Abandon It
Hon. Richard E. Welch, III
Standing Up to Clapper: How to Increase Transparency and Oversight of FISA Surveillance
Alan Butler
Notes
Avoiding Unintended House Boats: Towards Sensible Coastal Land Use Policy in Massachusetts
Keith Richard
The Moral Judiciary: Restoring Morality as a Basis of Judicial Decision-Making
Erik Hagen
Tales of the Dead: Why Autopsy Reports Should Be Classified as Testimonial Statements Under the Confrontation Clause
Andrew Higley
Putting Beer Goggles on the Jury: Rape, Intoxication, and the Reasonable Man in Commonwealth v. Mountry
Annalise H. Scobey
A Government of the People, by the People, for Whom? How In re Enforcement of a Subpoena Ensures that the Judiciary Is Unaccountable
Lindsay Bohan
Winter 2014
Articles
Military Justice as Justice: Fitting Confrontation Clause Jurisprudence into Military Commissions
Christina M. Frohock
Physician Speech and State Control: Furthering Partisan Interests at the Expense of Good Health
Janet L. Dolgin
Losing the Quality of Life: The Move Toward Society’s Understanding and Acceptance of Physician Aid-in-Dying and the Death with Dignity Act
Lindsay Reynolds
Notes
Losing the Quality of Life: The Move Toward Society’s Understanding and Acceptance of Physician Aid-in-Dying and the Death with Dignity Act
Lindsay Reynolds
Public Performance Royalty-Rate Disparity: Should Congress Pamper Pandora’s Pandering?
Robert J. Williams, Jr.
Comments
Diagnosis – Guilty: Commonwealth v. McLaughlin and the Conversion of Hospital Records into Criminal Convictions
William Brekka
United States v. Nosal and the CFAA: What Does DailySudoku.com Have to Do with Computer Fraud?
Keith Richard
Spring 2014
Symposium Issue
Benchmarks: Evaluating Measurements of Judicial Productivity
Foreword: Productivity in Public Adjudication
Jordan M. Singer
Keynote: Mustering Holmes’ “Regiments”
Hon. William G. Young
Measuring the Quality of Judging: It All Adds Up to One
Steven S. Gensler and Hon. Lee H. Rosenthal
Against Accuracy (as a Measure of Judicial Performance)
Chad M. Oldfather
The Perils of Productivity
Mark Spottswood
A Country Without Courts: Doing More with Less in Twenty-First Century Federal Courts
Carolyn A . Dubay
Evaluating the Written Opinions of Appellate Judges: Toward a Qualitative Measure of Judicial Productivity
Malia Reddick
Bench Presence 2014: An Updated Look at Federal District Court Productivity
Jordan M. Singer and Hon. William G. Young
The Mechanic’s Lien – Are You Protected?
Gregory Paonessa
Notes
The Mechanic’s Lien – Are You Protected?
Gregory Paonessa
Money Makes All the Difference: Why Corporate Defendants Are Not Entitled to the Sixth Amendment Jury Trial Right’s Full Protection
Allison A . Reuter
Comments
Dont Buck the Trend: Misinterpreting Lapids in Order to Minimize State Employees’ Remedies Under the FLSA in Bergemann v. Rhode Island Department of Environmental Management
Stephen Shorey
The Second Circuit Serves up Some Knowledge in Viacom v. YouTube
Robert J. Williams
Summer 2014
Symposium Issue
A Look Back at the History of Capital Punishment
Foreword
Evan J. Mandery
On the Virtues of A Wild Justice
Michael Meltsner
Race, Exceptionalism, and the American Death Penalty: A Tragedy in Many Acts
Phyllis Goldfarb
Supreme Convolution: What the Capital Cases Teach Us About Supreme Court Decision-Making
Evan J. Mandery and Zachary Baron Shemtob
Notes
Extending the Mode-of-Operation Approach Beyond the Self-Service Supermarket Context
William Brekka
The Morton Memo and Asylum Seekers: An Overview of the U.S. Mandatory Detention Policy
Vanessa Woodman de Lazo
Comments
EEOC v. BOH Brothers Construction Co.: Expanding Same-Sex Sexual Harassment Jurisprudence Beyond Sexual Desire
Louisa Gibbs
