-
Spring 2026 – Marital Privilege: Marriage, Inequality, and the Transformation of American Law
.
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…
-
THE OLDEST CONSTITUTIONAL QUESTION: ENUMERATION AND FEDERAL POWER by Richard Primus, Harvard University Press, 2025, Cambridge, Massachusetts
.
Hon. Richard Welch III (ret.) reviews Richard Primus’ “The Oldest Constitutional Question: Enumeration and Federal Power” discussing Primus’ expansive interpretation of constitutional power. Welch relates Primus’ argument to his own experience in teaching Constitutional law and discusses what Primus’ thinking means for traditionalist interpretation. Welch invites others to read and digest Primus’ argument and the…
-
When Sunlight Is the Best Disinfectant: Automatic Disclosure of Pending Prosecutorial and Police Misconduct Lawsuits in Criminal Proceedings
.
The Massachusetts Supreme Judicial Court’s decision in Commonwealth v. McFarlane limits the definition of exculpatory evidence by categorizing pending misconduct lawsuits as “unsubstantiated,” depriving defendants of due process. This ruling undermines public trust in the criminal justice system by failing to enforce transparency, essential for accountability and preventing misconduct within prosecutorial teams.
-
Euthanasia as a Means of Preventing Unnecessary Suffering: When the Choice Becomes a Responsibility Implicating Criminal Liability
.
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.
-
When ‘Good’ Loses: How the Arbitration Clause in Good v. Uber Opens a Trapdoor for Corporate Sleight of Hand in the Digital Age
.
The article discusses the implications of the Massachusetts Supreme Judicial Court’s ruling in Good v. Uber Technologies, where the court enforced an arbitration clause that limited a user’s rights. It highlights how users, like William Good, may inadvertently lose access to justice due to complex terms and conditions, raising concerns about transparency and consumer rights…
-
Trump’s War on “Narco-Terrorists” Upends the Rule of Law
.
Bipartisan leaders are investigating allegations that the Trump administration ordered unlawful killings following U.S. strikes in the Caribbean. As military operations there expand without congressional authorization, the controversy raises serious constitutional and international law concerns and highlights Congress’s failure to restrain executive war-making.
-
NOT IN MY BACK YARD: WHY THE COURT’S RULING IN CARROLL V. SELECT BOARD OF NORWELL IS TOO LITTLE TOO LATE FOR AFFORDABLE HOUSING
.
The global affordable housing crisis is severe, particularly in Massachusetts, where housing production has stagnated for decades. Despite municipal requirements to build affordable housing, residents often oppose development due to NIMBYism. A recent Supreme Judicial Court ruling allowed a municipality to maintain undeveloped land set for affordable housing, hindering progress. To combat the crisis, judicial…
-
Just One Bite . . . and Maybe One More: Claim Preclusion and the Alternative-Determinations Doctrine
.
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…
