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Becerra: A Hint at a Post-Chevron World
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Back in 2021, one case, American Hospital Association v. Becerra, seemed to be teed up for the Supreme Court to reconsider its 1984 Chevron decision that generally allows administrative agencies leeway when interpreting ambiguous statutes. The legal world would have heard about it if that had happened, but it didn’t. When the decision came…
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Response to “The Two-Word Clause that Could Prevent Jeffrey Epstein’s Alleged Victims from Receiving Financial Justice”
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In his blog post, The Two-Word Clause That Could Prevent Jeffrey Epstein’s Alleged Victims from Receiving Financial Justice, Professor Kent Schenkel discusses Jeffrey Epstein’s last-ditch attempt to shield his $500 million estate from the claims of his accusers by devising his assets to a testamentary trust. Professor Schenkel goes on to explore the injustices posed…
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Response to “A Flickering Light in the Wilderness: Could the Recent ‘Plan of the Convention Cases’ Correct and Simplify the Supreme Court’s State Sovereignty Doctrine?”
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The Madisonian Compromise and Article III are about providing a remedy to violations of federal constitutional rights. Congress has the authority to chip away at the federal courts or entirely eliminate their existence pursuant to Article III because there has always been general jurisdiction of the state courts. Law students tend to shy away from…
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THE “SAFE THIRD COUNTRY” AGREEMENT BETWEEN CANADA AND THE UNITED STATES
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You may have read in the news in recent years about people crossing the border from the United States into Canada at a section of the border without an official crossing to seek asylum once they arrive in Canada. Why not just ask for asylum at an official point of entry? Well, the answer is…
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RESPONSE TO “THE EMPEROR (STILL) HAS NO CLOTHES”
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Imagine a scenario where two individuals are learning to ride a bike. Without actually mounting the bike, one student studies the gears linked by a chain, the relationship between the pedals and speed, and the art of balance. A second student eagerly hops on the bike. While a bit wobbly at first, the second student…
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CENSORSHIP, LEAST COST AVOIDERS, AND COMMON SENSE
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On December 8, 2023, a Massachusetts police officer entered a school with the intent to remove Maia Kobabe’s book Gender Queer: A Memoir. The officer arrived in plain clothes in response to a complaint that the book depicted obscene materials. While the book was not located, this event was merely the latest example of attempts…
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Response to “Why Homeschooling Shouldn’t Be Banned: The Resurgence of Home Education in the 21st Century”
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Tavares analyzes the homeschooling movement through the lens of the COVID-19 pandemic. As controversial as homeschooling can sound to some, it is indeed a regular part of American life. Tavares points to famous athletes and entertainers as examples of homeschoolers but may have missed why they were homeschooled. As an entertainer, Justin Bieber didn’t have…
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RESPONSE TO “DESPERATE MEASURES FOR DESPERATE TIMES: CAN PHYSICIANS REFUSE TO TREAT UNVACCINATED PATIENTS?”
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In his article Desperate Measures for Desperate Times: Can Physicians Refuse to Treat Unvaccinated Patients?¸ Professor Michael Conklin explores the legal and ethical implications of allowing physicians to refuse to treat unvaccinated patients in a post-pandemic world. Generally, with some exceptions, non-emergency physicians have the freedom to decline to treat potential patients at their discretion.…
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MASSACHUSETTS REAFFIRMS COMMITMENT TO SINGLE-LOOK APPROACH TO LIQUIDATED DAMAGES PROVISIONS
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Recently, the Massachusetts Supreme Judicial Court issued an opinion that reaffirmed the jurisdiction’s single-look approach to determining the validity of liquidated damages provisions. Liquidated damages provisions are contract terms that provide a specified amount of damages to be paid in case of a breach. Such provisions are unenforceable if they operate as a penalty. How…
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A PROPOSAL TO MODIFY THE MASSACHUSETTS RAPE STATUTE
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*Thank you to Professor Aliza Hochman Bloom for her professional comments in the early stages of this essay. Special thanks also to Amanda Seijo and Brynn Morse for their outstanding work as research assistants The Massachusetts rape statute requires proof of force and lack of consent to convict a defendant of rape. Specifically, the statute…
