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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.
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Fairways and Bunkers: The LIV Golf–PGA Tour Quarrel Through the Tenets of Antitrust and Contract Law
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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 implications for player autonomy.
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An Arm and a Leg: Why the United States Should Adopt the German Model of Standalone Personal Liability Insurance Policies
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The text discusses the disparity in liability insurance between the U.S. and Germany, emphasizing the need for standalone personal liability policies in America. The German model, which offers high coverage and accessibility, contrasts with the bundling practices and historical discrimination affecting minority groups in the U.S. The author advocates for reforms to enhance financial security…
