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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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Volume 60-1
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The Fall 2025 issue of the New England Law Review includes a foreword and various articles addressing topics such as risk in sports, parenting dilemmas in athletics, the potential for a president to serve a third term, tenant rights amidst eviction crises, domestic terrorism laws, and the impact of Section 230 on innovation and free…
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Spring 2026 – Marital Privilege: Marriage, Inequality, and the Transformation of American Law
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Professor Serena Mayeri Professor Serena Mayeri is the Arlin M. Adams Professor of Constitutional Law and Professor of History at the University of Pennsylvania Carey Law School where she teaches courses in family law, employment discrimination, reproductive rights, gender and the law, and legal history. In addition to her tenure, Professor Mayeri is an accomplished…
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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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Volume 59-2
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Spring 2025 Foreward Fostering All Voices Damien Wilson Notes How Much Is Your Life Worth? How the Government Struggles Between Settlement Collections Under the False Claims Act and the Principle of a Person’s Livelihood Alexa Hirt 1 Step Forward, 3 Steps Back: The Struggle Over Fair Use in Digital Sampling Jaclyn Andersen Child Soldiers in…
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Fall 2025 – More Than Play: How Law, Policy, and Politics Shape American Youth Sport
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Dionne KollerProfessor of Law & Director of the Center for Sport and the Law Professor Dionne Koller is a leading scholar in sports law, with a particular focus in the areas of youth, Olympic and Paralympic, and education-based sports. In addition to her publications, Koller plays an active role in helping to shape sports law…
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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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Volume 59-1
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Fall 2024 Symposium Issue Foreward Our Historical Commitment to Women’s Excellence Kathryn Bassey Responses to After Mysogyny New Challenges and Milestones for Feminist Constitutionalism: A Postscript to After Misogyny Julie C. Suk Whither Liberalism After Misogyny? Deborah Dinner Pushing Boundaries Paula Monopoli Notes The GrAI Area: How Artificial Intelligence Colors Publicity Rights in Copyright Law Gracie…
