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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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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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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
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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…
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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*
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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 and societal changes affecting modern…
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“A Day Late and a Dollar Short”: The Impractical Standard to Comply with the Massachusetts Wage Act
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The Massachusetts Wage Act lacks a clear definition of “wages,” complicating payments like commissions and reimbursements. The SJC’s ruling in Reuter v. City of Methuen imposed strict liability on all employers for any late wages, emphasizing treble damages without good faith exceptions, potentially leading to unintended consequences for employers.
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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…
