The Forum
Started in 2013, The Forum is the online companion to New England Law Review‘s print journal. Explore novel topics from New England Law | Boston students, faculty, and accredited authors.
Recent Publications
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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…
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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…
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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
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…
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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…
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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*
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…