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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…
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The Doctrine of Abatement Ab Initio in Commonwealth v. Hernandez
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Introduction The doctrine of abatement ab initio (hereinafter “the doctrine” or “abatement doctrine”) erases a defendant’s conviction if the if the defendant dies while an appeal is pending. Most federal courts, as well as several states, have adhered to this doctrine for decades. Over time, some states have modified the doctrine, and others have abolished…
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Unlocking Your Phone Could Lock You Up: Say Your Goodbyes to the Right Against Self-Incrimination
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Introduction As the U.S. legal system is struggling to adapt to the digital world, more and more Americans own and use electronic devices. Today, ninety-six percent of American adults own cell phones, with individuals looking at their phones an average of fifty-two times per day. The cell phone is an omnipresent device with the ability…
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The Language of Criminal Justice Reform: Reflections on Karakatsanis’ Usual Cruelty
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Authors Note: Crandall Melvin Professor of Law, Syracuse University College of Law; J.D., New York University School of Law; A.B., Princeton University. For their thoughtful comments and suggestions, I am grateful to Nicolas Commandeur, Ian Gallacher, Janet Moore, and Anna Roberts. Thank you also to Kyle Sutton, Emily Horjus, Gabrielle Mainiero, and Danielle Walsh at…
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The Dangers of Malingering as the Basis for a Two-Level Sentence Enhancement Under U.S.S.G § 3C1.1.
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Introduction Efficient case resolution is necessary to effectuate the accused’s right to a speedy trial under the Sixth Amendment, but it is also necessary to ensure the effective utilization of judicial resources more broadly. Yet, balancing judicial efficiency with quality case processing and ensuring just outcomes remains a challenge. Additionally, there are constant reminders throughout…
