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How the Doctrine of Unjust Enrichment Becomes Unjust Itself: The Measurable Benefit Standard and Unrequested Services
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The article discusses the principle of unjust enrichment, particularly focusing on the Supreme Judicial Court’s ruling in Tody’s Service, Inc. v. Liberty Mutual Insurance Co. It critiques the court’s application of the measurable benefit standard, which limits recovery for storage fees in cases of involuntary police holds on vehicles, resulting in inequities for storage lots…
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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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THE OLDEST CONSTITUTIONAL QUESTION: ENUMERATION AND FEDERAL POWER by Richard Primus, Harvard University Press, 2025, Cambridge, Massachusetts
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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…
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When Sunlight Is the Best Disinfectant: Automatic Disclosure of Pending Prosecutorial and Police Misconduct Lawsuits in Criminal Proceedings
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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.
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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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When ‘Good’ Loses: How the Arbitration Clause in Good v. Uber Opens a Trapdoor for Corporate Sleight of Hand in the Digital Age
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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…
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Trump’s War on “Narco-Terrorists” Upends the Rule of Law
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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.
