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  • Archives, Forum, Vol. 59

    The Cost of Bigotry in the Justice System: How Appointed Counsel’s Racism and Bigotry Deprives Defendants of Constitutional Rights

    March 17, 2025

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    Madison Buckley

    The Supreme Judicial Court of Massachusetts granted Anthony Dew a new trial, citing an actual conflict of interest due to his court-appointed counsel’s racist and Islamophobic social media posts. The decision highlights systemic bias within the criminal justice system and underscores a critical precedent for future cases involving racial discrimination in legal representation.

  • Archives, Forum, Forum Archive, Vol. 58

    Fashion Meets Web3: The Threadbare Protection for Designers Spills Over into the Decentralized World

    November 4, 2024

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    Victoria Fahey

    The global fashion industry, worth over two trillion USD, grapples with inadequate intellectual property (IP) protections against design piracy, particularly exacerbated by fast fashion and the rise of Web3. Current laws fail to recognize fashion as art, necessitating updated legislation to protect designers’ rights in both physical and digital realms.

  • Archives, Forum, Forum Archive, Vol. 58

    “A Day Late and a Dollar Short”: The Impractical Standard to Comply with the Massachusetts Wage Act

    November 4, 2024

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    Kate Barry

    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.

  • Archives, Forum, Forum Archive, Vol. 58

    IYKYK*: The Rapid Evolution of the Gen-Z Lexicon and Its Impact on the Legal Field

    November 4, 2024

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    Alyssa Zduniak

    The rise of Gen-Z slang, heavily influenced by social media, complicates communication and legal interpretations due to rapid language evolution. Misunderstandings often stem from systemic racism and the misinterpretation of phrases, revealing a pressing need for courts to adopt corpus linguistics for accurate slang comprehension.

  • Archives, Forum, Forum Archive, Vol. 58

     Roe Your Boat: Shipping Reproductive Care out to Sea as a Legal Workaround to State Abortion Restrictions in the Wake of Dobbs

    September 13, 2024

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    Arianna Fisher

    Introduction Dr. Rebecca Gomperts maneuvers through a throng of protestors at the harbor in Smir, Morocco, amidst chants of “go away” and “abortion is treachery” from the gathering crowd.As she addresses the cameras, Dr. Gomperts’s ship sails in the waters behind her: a 110-foot vessel housing a shipping container fitted as a medical clinic stocked…

  • Archives, Forum, Forum Archive, Vol. 58

    Breaking the Stalemate on Supreme Court Term Limits with Delayed Implementation

    February 9, 2024

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    Michael Conklin

    This concise essay proposes a novel solution to the current stalemate regarding Supreme Court term limits. Namely, through delayed implementation the existing incentives against such legislation are ameliorated. This essay provides the logic behind taking such an approach and addresses likely criticism. Finally, the ability of applying such a strategy to other political issues—and the…

  • Archives, Forum, Forum Archive, Vol. 57

    FIRST CIRCUIT’S INCORRECT RULING IN ALASAAD V. MAYORKAS: HOW THE FOURTH AMENDMENT’S BORDER SEARCH EXCEPTION SHOULD APPLY TO ELECTRONIC DEVICES

    April 1, 2023

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    Joana Jankulla

    Introduction As it currently stands in the First Circuit, individuals traveling through the United States’ borders may have their electronic devices searched at any time. The Fourth Amendment protects all individuals from unreasonable searches and seizures, meaning probable cause and a warrant are generally required before conducting a search or seizure. However, numerous exceptions to…

  • Archives, Forum, Forum Archive, Vol. 57

    The Puerto Rico Constitution at Seventy: A Failed Experiment in American Federalism?

    March 10, 2023

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    Rafael Cox-Alomar

    Introduction “The United States includes five Territories: American Samoa, Guam, the Northern Mariana Islands, the U. S. Virgin Islands, and Puerto Rico […] the Territory Clause permits Congress to ‘treat Puerto Rico differently from States so long as there is a rational basis for its actions.’” “The answer to appellant’s contention is that the constitution…

  • Archives, Forum, Forum Archive, Vol. 57

    Is This Thing On?: Massachusetts Wiretap Act Now Offers Little Protection

    March 7, 2023

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    Andrew Tucker Bobbitt

      Introduction The Massachusetts Wiretap Act originally created a more restrictive version of the Federal Wiretap Act with a greater focus on individual privacy. While the Federal Wiretap Act allows one party to a conversation to record the conversation without the knowledge or consent of the other party, its Massachusetts counterpart is distinguished by the…

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