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The Futility of the Massachusetts Wrongful Death Statute
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Introduction Imagine this: a single father brought his twins skydiving in Cape Cod for their eighteenth birthday. Before they were allowed on the plane, all three of them had to sign liability waivers. After doing so, the family boarded the plane. When the plane reached the appropriate altitude, the twins and the father jumped out…
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COVID-19 and IHEs: How to Balance Student Need with the Financial Health of Higher Education
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Introduction Over 100 class action lawsuits have been filed against colleges and universities based on contractual claims and tort theory requesting tuition reimbursements due to virtual classes and campus closures from the COVID-19 pandemic. With so many colleges and universities losing money in 2020 due to a decrease in tuition revenue and enrollment, room and…
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FIRST CIRCUIT’S INCORRECT RULING IN ALASAAD V. MAYORKAS: HOW THE FOURTH AMENDMENT’S BORDER SEARCH EXCEPTION SHOULD APPLY TO ELECTRONIC DEVICES
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Introduction As it currently stands in the First Circuit, individuals traveling through the United States’ borders may have their electronic devices searched at any time. The Fourth Amendment protects all individuals from unreasonable searches and seizures, meaning probable cause and a warrant are generally required before conducting a search or seizure. However, numerous exceptions to…
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The Privilege of Persuasion: Reconciling Pandemic-Era CDC Publicity With Democratic Ideals
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Author’s Note I write this Note with solemn respect for the millions of people the COVID-19 pandemic has harmed and killed—and those who protected millions more. My objectives are to make a useful contribution to an avalanche of pandemic-related legal scholarship and satisfy my own nonpartisan curiosity and concern about the ineluctable conflict between public…
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The Puerto Rico Constitution at Seventy: A Failed Experiment in American Federalism?
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Introduction “The United States includes five Territories: American Samoa, Guam, the Northern Mariana Islands, the U. S. Virgin Islands, and Puerto Rico […] the Territory Clause permits Congress to ‘treat Puerto Rico differently from States so long as there is a rational basis for its actions.’” “The answer to appellant’s contention is that the constitution…
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Is This Thing On?: Massachusetts Wiretap Act Now Offers Little Protection
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Introduction The Massachusetts Wiretap Act originally created a more restrictive version of the Federal Wiretap Act with a greater focus on individual privacy. While the Federal Wiretap Act allows one party to a conversation to record the conversation without the knowledge or consent of the other party, its Massachusetts counterpart is distinguished by the…
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Why Homeschooling Shouldn’t be Banned: The Resurgence of Home Education in the 21st Century
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Introduction A good education is the backbone of society. Without a basic education in fundamental areas of life, individuals cannot effectively communicate or interact with others in meaningful ways. While most Americans would likely agree with this general view of education, controversy ensues over how our youth should be educated. At the time of America’s…
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Desperate Measures for Desperate Times: Can Physicians Refuse to Treat Unvaccinated Patients?
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Introduction In January 2021, new COVID-19 cases in the United States peaked at over 300,000 daily. Due largely to the distribution of three COVID-19 vaccines, these numbers dropped to less than 12,000 new cases in June 2021. Unfortunately, a new, more contagious variant of the virus—Delta—began spreading bringing the daily average back up to around…
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POSSIBILITY OF LITIGATION IN UNITED STATES FOREIGN MILITARY SALES: A COMPARATIVE ANALYSIS BETWEEN THE UNITED STATES AND SOUTH KOREA
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Introduction In exporting defense articles and services abroad, the United States primarily relies on Direct Commercial Sales (DCS) and Foreign Military Sales (FMS). DCS refers to the type of arm s sale whereby a U.S. defense contractor directly deals with a foreign government or buying e ntity. FMS, on the other hand, involves an arms…
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REVIEW OF USUAL CRUELTY: THE COMPLICITY OF LAWYERS IN THE CRIMINAL JUSTICE SYSTEM BY ALEC KARAKATSANIS
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Authors Note: George J. & Kathleen Waters Matthews Distinguished University Professor of Law, Northeastern University School of Law. The author was first assistant counsel to the NAACP Legal Defense Fund in the 1960s, co-founded the clinical program at Columbia Law School, and served as the dean of Northeastern University School of Law from 1979 to…
