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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How the Doctrine of Unjust Enrichment Becomes Unjust Itself: The Measurable Benefit Standard and Unrequested Services
The article discusses the principle of unjust enrichment, particularly focusing on the Supreme Judicial Court’s ruling in Tody’s Service, Inc. v. Liberty Mutual Insurance Co. It critiques the court’s application of the measurable benefit standard, which limits recovery for storage fees in cases of involuntary police holds on vehicles, resulting…
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The Fatal Cost of Inaction: Incentivizing a Police Officer’s Avoidance Through Qualified Immunity Under the State-Created Danger Doctrine
Rachel Powell discusses how the First Circuit’s ruling in Johnson v. City of Biddeford highlights the failures of police intervention and the application of qualified immunity. Powell argues the court did not adequately address individuals’ rights when calling for police help, fostering inaction among officers. She explains how this case…
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To Close or Not to Foreclose: An Examination of Massachusetts’s Inadequate Compliance Measures in Nonjudicial Foreclosures
In this Article, Keith Moss discusses the limitation of protections afforded to individuals in foreclosure. Moss explains how the Fifth and Fourteenth Amendments safeguard against unfair deprivation of rights; however, in cases like Anthony Branch’s foreclosure, these protections fail. Despite evident violations by lenders during the foreclosure process, courts often…
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When Sunlight Is the Best Disinfectant: Automatic Disclosure of Pending Prosecutorial and Police Misconduct Lawsuits in Criminal Proceedings
The Massachusetts Supreme Judicial Court’s decision in Commonwealth v. McFarlane limits the definition of exculpatory evidence by categorizing pending misconduct lawsuits as “unsubstantiated,” depriving defendants of due process. This ruling undermines public trust in the criminal justice system by failing to enforce transparency, essential for accountability and preventing misconduct within…
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Euthanasia as a Means of Preventing Unnecessary Suffering: When the Choice Becomes a Responsibility Implicating Criminal Liability
The decision in Commonwealth v. Russo highlights the challenges of interpreting animal cruelty statutes, particularly regarding the definition of “willfully.” The court ruled against charging Russo for neglecting her pet, Tipper, despite evidence of severe suffering, suggesting intent to prevent harm is needed for liability, which undermines the statute’s protective…
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When ‘Good’ Loses: How the Arbitration Clause in Good v. Uber Opens a Trapdoor for Corporate Sleight of Hand in the Digital Age
The article discusses the implications of the Massachusetts Supreme Judicial Court’s ruling in Good v. Uber Technologies, where the court enforced an arbitration clause that limited a user’s rights. It highlights how users, like William Good, may inadvertently lose access to justice due to complex terms and conditions, raising concerns…