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  • Archives, Forum, Forum Archive, Vol. 58

    “A Day Late and a Dollar Short”: The Impractical Standard to Comply with the Massachusetts Wage Act

    November 4, 2024

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    Kate Barry

    The Massachusetts Wage Act lacks a clear definition of “wages,” complicating payments like commissions and reimbursements. The SJC’s ruling in Reuter v. City of Methuen imposed strict liability on all employers for any late wages, emphasizing treble damages without good faith exceptions, potentially leading to unintended consequences for employers.

  • Archives, Forum, Forum Archive, Vol. 58

    IYKYK*: The Rapid Evolution of the Gen-Z Lexicon and Its Impact on the Legal Field

    November 4, 2024

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    Alyssa Zduniak

    The rise of Gen-Z slang, heavily influenced by social media, complicates communication and legal interpretations due to rapid language evolution. Misunderstandings often stem from systemic racism and the misinterpretation of phrases, revealing a pressing need for courts to adopt corpus linguistics for accurate slang comprehension.

  • Archives, Forum, Forum Archive, Vol. 58

     Roe Your Boat: Shipping Reproductive Care out to Sea as a Legal Workaround to State Abortion Restrictions in the Wake of Dobbs

    September 13, 2024

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    Arianna Fisher

    Introduction Dr. Rebecca Gomperts maneuvers through a throng of protestors at the harbor in Smir, Morocco, amidst chants of “go away” and “abortion is treachery” from the gathering crowd.As she addresses the cameras, Dr. Gomperts’s ship sails in the waters behind her: a 110-foot vessel housing a shipping container fitted as a medical clinic stocked…

  • Archives, Forum, Forum Archive, Vol. 58

    The Protection Paradox: Negative Impacts of Anti-Trafficking Legislation and the Criminalization of Sex Work on Women in the United States

    May 16, 2024

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    Madison Adler

    *I would like to thank the New England Law Review v. 57 and v. 58 staff for their invaluable contributions. Thank you to my editors, Deyanira Gonzalez and Jocelyn Schafer, for your guidance throughout the writing process. And thank you to my mother and lifelong editor, Kathryn Adler, for your enduring inspiration and influence. Introduction…

  • Archives, Forum, Forum Archive, Vol. 58

    Grandstanding or Gotcha: Asking Ketanji Brown Jackson “Can You Provide a Definition for the Word ‘Woman’”?”

    February 27, 2024

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    Michael Conklin

    At Ketanji Brown Jackson’s Supreme Court confirmation hearing on March 22, 2022, she was asked, “Can you provide a definition for the word ‘woman’?” Jackson responded, “I can’t . . . Not in this context. I’m not a biologist.” This essay considers the political pragmatism of the question, Jackson’s response, the significance of defining such…

  • Archives, Forum, Forum Archive, Vol. 57

    The Emperor (Still) Has No Clothes: Reflection on Joan W. Howarth’s Shaping the Bar

    February 15, 2024

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    Russell Engler

    Introduction It is no exaggeration to say that Dean Howarth’s Shaping the Bar: The Future of Attorney Licensing is a must-read volume for bar examiners, legal educators, judges, lawyers, law students, and anyone else who cares about the structure of the legal profession and its stated goals of ensuring attorney competence and protecting the public.…

  • Archives, Forum, Forum Archive, Vol. 58

    Breaking the Stalemate on Supreme Court Term Limits with Delayed Implementation

    February 9, 2024

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    Michael Conklin

    This concise essay proposes a novel solution to the current stalemate regarding Supreme Court term limits. Namely, through delayed implementation the existing incentives against such legislation are ameliorated. This essay provides the logic behind taking such an approach and addresses likely criticism. Finally, the ability of applying such a strategy to other political issues—and the…

  • Archives, Forum, Forum Archive, Vol. 57

    Is Jail Time Lost Time?: The Inner Workings of Massachusetts Workers’ Compensation Timeframes, Entitlements and Exposures

    January 23, 2024

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    John J. Canniff

    Introduction Allow me to express my grateful appreciation and thanks to my colleague Robert S. Martin, Esq. without whom this article could not have been written, Erika G. Soong, Esq. for her comments, corrections and commas, my Secretary, Jacqueline Sheehan who listened, and my Partners Vincent M. Tentindo, Esq., Susan F. Kendall, Esq., and John…

  • Archives, Forum, Forum Archive, Vol. 58

    Pitcher-Victims of Major League Baseball “Illegal” Sign Stealing Should Have Viable Tortious Interference with Contractual Relations Claims Against the Opposing Teams

    November 8, 2023

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    Joshua D. Winneker, David Gargone, and Danielle Clifford

    Introduction In baseball, sign stealing occurs when a team deciphers their opponent’s signals meant to convey the pitcher’s upcoming pitch. Since the nineteenth century, sign stealing has been a part of baseball. Having the ability to know the pitch before the pitcher throws the ball gives a decided advantage to the batter. Consequently, teams always…

  • Archives, Forum, Forum Archive, Vol. 57

    Massachusetts Needs to Stop Characterizing Women as Dependent on Men: An Evaluation of the Spousal Elective Share

    June 6, 2023

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    Mikaela Hares

    Introduction The spousal elective share is a means by which surviving spouses can take a statutorily-determined share in lieu of whatever disposition they receive through their decedent-spouse’s will or to avoid disinheritance altogether.The elective share was created in an effort to support spouses who were not provided for at the death of their partner and…

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