Editor Blog

Article Preview: Courts and Informal Constitutional Change in the States

The Constitution is at the heart of our state and individual rights and is the foundation of our very nation.  When considering constitutional law, the Federal Constitution is the document that most frequently comes to mind.  However, each individual state has its own state constitution that governs its residents simultaneously with the Federal Constitution.  As… Continue reading Article Preview: Courts and Informal Constitutional Change in the States

Editor Blog, Uncategorized

Article Preview: Re-Reading Alafair Burke’s The Ex

There can be no doubt that the legal profession is frequently depicted in popular culture. Take a look at the front page of any major newspaper, and you will invariably find stories depicting the latest political development, sensational trial, or other legal phenomena. But in recent decades, law-and-literature, as a discipline, has been described as… Continue reading Article Preview: Re-Reading Alafair Burke’s The Ex

Editor Blog, Uncategorized

Article Preview: Kooks, Crooks, Brutes or Rhadamanthine Opacities: Some Thoughts on the Depiction of Judges in Popular Fiction

In fictitious literary and cinematic works, American judges are often portrayed as unethical, corrupt, eccentric, or simply brutal; however, the overwhelming majority of American judges are doing their difficult jobs fairly well. In his Article, Kooks, Crooks, Brutes or Rhadamanthine Opacities: Some Thoughts on the Depiction of Judges in Popular Fiction, U.S. District Judge Michael… Continue reading Article Preview: Kooks, Crooks, Brutes or Rhadamanthine Opacities: Some Thoughts on the Depiction of Judges in Popular Fiction

Editor Blog, Uncategorized

Article Preview: Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape

Most people know that, in 2016, Terrence “Hulk Hogan” Bollea was awarded $140 million by a Florida jury after successfully suing Gawker Media, LLC for invading his privacy when it released a video of Hogan having sex with a friend’s wife. However, it often goes overlooked that Hogan was also successful in a separate cause… Continue reading Article Preview: Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape

Article Preview, Behavioral Legal Ethics, Editor Blog, Law School, New England Law Review, Symposium, Uncategorized

Article Preview: Lawyers, Impression Management and the Fear of Failure

Lawyers often struggle to recognize and learn from their mistakes. Associate Dean Catherine Gage O’Grady has made the argument in her Article, A Behavioral Approach to Lawyer Mistake and Apology, that this is a result of cognitive biases, and offered insight about how law firms might respond to facilitate learning, professional growth, and stronger ethics. In his Response Article, Lawyers, Impression Management and the Fear of Failure, Donald C. Langevoort not only supports O’Grady’s position, but also presents additional reasons to pay close attention to the insight provided by Associate Dean O’Grady.

Editor Blog, New England Law Review

Contributing Author Profile: Eric J. Gouvin

Contributing Author: Christine L. Vana
The New England Law Review is honored to announce that Eric J. Gouvin will be contributing to On Remand this spring. Gouvin, Dean of Western New England University School of Law, has contributed to corporate law scholarship and entrepreneurship education since 1991, when he first became a member of Western New England’s faculty. In addition to teaching numerous courses in corporate, transactional, and entrepreneurship law for the past twenty-five years, Dean Gouvin established both the Small Business Clinic and the Center for Innovation & Entrepreneurship at Western New England.

5th Amendment, criminal law, Criminal Procedure, Due Process, Editor Blog, Fifth Amendment, New England Law Review, Police Interrogation, Policy, Privacy, property, Student Writing, Use of Force

Article Preview: One Step Forward Two Steps Back: The SJC’s Incorrect Decision in Commonwealth v. Gelfgatt Deprives Technology Users of Their Constitutional Rights

Contributing Editor: Cody Zane
The Fifth Amendment of the United States Constitution protects individual criminal defendants against self-incrimination. However, as the world continues to develop at such a rapid pace and technology becomes synonymous with everyday life, Fifth Amendment protections become clouded. In 2014, the Massachusetts Supreme Judicial Court (“SJC”), in Commonwealth v. Galfgatt, significantly reduced Fifth Amendments protections by failing to extend these rights to the defendant, who was compelled to produce decryption keys encrypting mortgage schemes. Specifically, the SJC lowered the evidentiary burden of reasonable particularity in its forgone conclusion analysis. Additionally, the SJC failed to apply Article 12 of the Massachusetts constitution in its analysis.

Article Preview, criminal law, Criminal Procedure, Due Process, Editor Blog, Juvenile Law, New England Law Review, Policy, prosecutors, School Reform, Student Writing, transitional justice

Article Preview: The (Unfinished) Growth of the Juvenile Justice System

Contributing Editor: Amy Robinson
The juvenile justice system has made dramatic changes over the past thirty years. In three landmark cases, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama, the Supreme Court recognized that juvenile offenders are different from adult offenders. These cases marked a shift in the way the judiciary understands the cognitive differences between juveniles and adults. However, despite advancements in the system, courts have failed to properly focus on the goal of rehabilitation.

1st Amendment, Contributor Profile, Editor Blog, First Amendment, Free Press, Free Speech, New England Law Review, Policy, Privacy, Sonja West, Symposium, West

Contributing Author Profile: Sonja West

Contributing Editor: Ryan Goodhue
Sonja R. West is an associate professor at the University of Georgia School of Law, which she joined in 2006. She teaches courses on Constitutional Law, Media Law, and the U.S. Supreme Court. Sonja earned a B.A. in journalism and communication studies from the University of Iowa. Prior to attending law school, she worked as a reporter in the Midwest and Washington, D.C. She received her J.D. from the University of Chicago School of Law where she served as executive editor of the school’s Law Review.

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Article Preview: Without a Bright-line on the Green Line

Contributing Editor: Tanya Dennis
The “right to be let alone” is a privacy right derived predominately from property rights. As time went on, these privacy rights expanded to include intangible property rights borrowing aspects of law from libel and slander, nuisance, and intellectual property. However in 1890, well before the availability of cell phone cameras, spy technology, and portable electronics devices, Samuel Warren and Louis Brandeis predicted a decline in these privacy rights. In 2004, the Massachusetts legislature enacted its Peeping Tom Statute, An Act Relative to Unlawful Sexual Surveillance, to further protect privacy rights in light of modern technology. Despite this newly enacted law, the Massachusetts’ Supreme Judicial Court (“SJC”) declined to criminalize upskirt photos taken on public transportation because the conduct did not fall within the statute. In Commonwealth v. Robertson, the SJC held that secretly photographing under the skirts of female passengers on public transportation did not violate the statute’s prohibition against secretly photographing a nude or partially nude person. If such an invasion of privacy is not a recognized privacy right in Massachusetts, then what is and where do we draw the line?