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Grandstanding or Gotcha: Asking Ketanji Brown Jackson “Can You Provide a Definition for the Word ‘Woman’”?”
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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…
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Breaking the Stalemate on Supreme Court Term Limits with Delayed Implementation
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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…
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Is Jail Time Lost Time?: The Inner Workings of Massachusetts Workers’ Compensation Timeframes, Entitlements and Exposures
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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…
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Pitcher-Victims of Major League Baseball “Illegal” Sign Stealing Should Have Viable Tortious Interference with Contractual Relations Claims Against the Opposing Teams
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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…
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Fall 2023 – Barred: Why the Innocent Can’t Get Out of Prison Professor Daniel Medwed
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On November 7th at New England Law | Boston, author and scholar Daniel Medwed led our symposium discussing how the United States’ current justice system keeps people in prison rather than crime, identifying the factors in his book Barred: Why the Innocent Can’t Get Out of Prison. Professor Medwed identified how the procedural rules within…
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Massachusetts Needs to Stop Characterizing Women as Dependent on Men: An Evaluation of the Spousal Elective Share
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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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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…
