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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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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…
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“A Day Late and a Dollar Short”: The Impractical Standard to Comply with the Massachusetts Wage Act
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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.
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IYKYK*: The Rapid Evolution of the Gen-Z Lexicon and Its Impact on the Legal Field
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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.
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Roe Your Boat: Shipping Reproductive Care out to Sea as a Legal Workaround to State Abortion Restrictions in the Wake of Dobbs
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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…
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The Protection Paradox: Negative Impacts of Anti-Trafficking Legislation and the Criminalization of Sex Work on Women in the United States
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*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…
