The Forum
Started in 2013, The Forum is the online companion to New England Law Review‘s print journal. Explore novel topics from New England Law | Boston students, faculty, and accredited authors.
Recent Publications
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Just One Bite . . . and Maybe One More: Claim Preclusion and the Alternative-Determinations Doctrine
The comment discusses the First Circuit’s adoption of the alternative-determinations doctrine within federal res judicata law, particularly in the case of Foss v. Eastern States Exposition. The author argues that while this adoption could improve judicial efficiency, it risks creating inefficiencies and allowing unmeritorious claims to resurface. The author suggests…
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It’s Not About How We Die, But How We Live: A Look at Physician-Assisted Suicide in the Commonwealth of Massachusetts*
The content discusses the legal and philosophical dimensions surrounding physician-assisted suicide (PAS), highlighting historical perspectives and court rulings, particularly in Kligler v. Attorney General. It argues that PAS should be recognized as a fundamental right under substantive due process, contrasting it with the existing legal frameworks governing medical treatment refusals…
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The Cost of Bigotry in the Justice System: How Appointed Counsel’s Racism and Bigotry Deprives Defendants of Constitutional Rights
The Supreme Judicial Court of Massachusetts granted Anthony Dew a new trial, citing an actual conflict of interest due to his court-appointed counsel’s racist and Islamophobic social media posts. The decision highlights systemic bias within the criminal justice system and underscores a critical precedent for future cases involving racial discrimination…
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Fashion Meets Web3: The Threadbare Protection for Designers Spills Over into the Decentralized World
The global fashion industry, worth over two trillion USD, grapples with inadequate intellectual property (IP) protections against design piracy, particularly exacerbated by fast fashion and the rise of Web3. Current laws fail to recognize fashion as art, necessitating updated legislation to protect designers’ rights in both physical and digital realms.
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Fairways and Bunkers: The LIV Golf–PGA Tour Quarrel Through the Tenets of Antitrust and Contract Law
The LIV Golf Tour challenged the PGA Tour’s longstanding dominance in men’s golf, attracting players with lucrative contracts and a new format. Legal disputes arose over player suspensions and contract violations, culminating in a 2023 unification agreement between LIV, PGA, and the DP World Tour, raising significant antitrust concerns and…