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The Fatal Cost of Inaction: Incentivizing a Police Officer’s Avoidance Through Qualified Immunity Under the State-Created Danger Doctrine
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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 raises significant public policy concerns…
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To Close or Not to Foreclose: An Examination of Massachusetts’s Inadequate Compliance Measures in Nonjudicial Foreclosures
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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 dismiss homeowners’ claims, undermining justice…
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When Sunlight Is the Best Disinfectant: Automatic Disclosure of Pending Prosecutorial and Police Misconduct Lawsuits in Criminal Proceedings
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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 prosecutorial teams.
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Euthanasia as a Means of Preventing Unnecessary Suffering: When the Choice Becomes a Responsibility Implicating Criminal Liability
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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 purpose.
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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
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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 about transparency and consumer rights…
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Just One Bite . . . and Maybe One More: Claim Preclusion and the Alternative-Determinations Doctrine
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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 a more flexible application of…
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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*
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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 and societal changes affecting modern…
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The Cost of Bigotry in the Justice System: How Appointed Counsel’s Racism and Bigotry Deprives Defendants of Constitutional Rights
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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 in legal representation.
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Fashion Meets Web3: The Threadbare Protection for Designers Spills Over into the Decentralized World
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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.
