Content Posted in 2014
2001: A Code Odyssey (New Dawn for the Article 9 Secured Creditor), Michael G. Hillinger
2007 National Lawyer’s Convention The Federalist Society and its Federalism and Separation of Powers Practice Groups present a panel debate on Federalism: Religion, Early America and the Fourteenth Amendment, John Eastman, Marci Hamilton, and William H. Pryor Jr.
A Critique of the Second Circuit’s Analysis in Nicholas v. Goord, John Dorsett Niles
A Follow-Up to Mary Lynch’s December Challenge, Irene Scharf
African Pride and Vexation in World Cup Development Sportswriting, Richard J. Peltz-Steele
Alternative Dispute Resolution in U.S. Bankruptcy Practice, Jacob A. Esher
A Matter of Power: Structural Federalism and Separation Doctrine in the Present, Frances Howell Rudko
Anaerobic Digestion as a Renewable Energy Source and Waste Management Technology: What Must be Done for This Technology to Realize Success in the United States?, Blake Anthony Klinkner
A Promising Beginning, Jeremiah A. Ho
A Promising Beginning, Jeremiah A. Ho
A Square Peg into a Round Hole: Trade Dress Protection of Websites, the Perspective of the Consumer and the Dilemma for the Courts, Amber R. Cohen
A Statistical Analysis of the Patent Bar: Where are the Software-Savvy Patent Attorneys?, Ralph D. Clifford, Thomas G. Field Jr., and Jon R. Cavicchi
Back to Blood: The Sociopolitics and Law of Compulsory DNA Testing of Refugees, Edward S. Dove
Benefits of Integrated Programs Over Non-Integrated Programs, Rebecca Flanagan
Benevolent Maleficence:How a Well-Intentioned Legislature and a Deferential Court Combined to Stunt the Development of Massachusetts Product Liability Law, Philip E. Cleary
Cat, Cause, and Kant, Richard J. Peltz-Steele
Clinical Legal Education & Access to Justice: Conflicts, Interests, & Evolution, Margaret B. Drew and Andrew P. Morriss
Collaboration and Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Computer Programs Under the United States Intellectual Property System: Sui Generis Legislation is Needed, Joseph Francis Agnelli, III
Connecting the Dots: Forming a Uniform Voter Identification System Through Established Law, Louis A. D'Amarino
Conscience, Coercion, and the Constitution: Some Thoughts, Dwight G. Duncan
Constitutionality, Competence, and Conflicts: What is Wrong with the State of the Law When It Comes to Juveniles and Miranda?, Hillary B. Farber
Contesting a Contestation of Testing: A Reply to Richard Delgado, Dan Subotnik
Creditors’ Rights – Attachment Revisited, Frances Howell Rudko
Cybercrime: The Investigation, Prosecution and Defense of a Computer-Related Crime, Ralph D. Clifford
Cyberslapp Suits and John Doe Subpoenas: Balancing Anonymity and Accountability in Cyberspace, Shaun B. Spencer
Democracy's Harvest: Resources for Massachusetts Voters' Initiatives and Referendums, Spencer E. Clough
Denying Choice of Forum: An Interference by the Massachusetts Trial Court with Domestic Violence Victims’ Rights and Safety, Margaret B. Drew and Marilu E. Gresens
Discharging Student Loans via Bankruptcy: Undue Hardship Doctrine in the First Circuit, Anthony Bowers
DNA in the Courtroom: The 21st Century Begins, James T. Griffith and Susan L. Leclair
Do Ask and Do Tell: Rethinking the Lawyer’s Duty to Warn in Domestic Violence Cases, Margaret B. Drew and Sarah Buel
Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, Dan Subotnik
Dr. King, Bull Connor, and Persuasive Narratives, Shaun B. Spencer
Dual Rationality of Same-Sex Marriage: Creation of New Rights in the Shadow of Incomplete Contract Paradigm, Saby Ghoshray
Electronic Court Record Access: Present Landscape, Neutral Principles, and the Looming Interloper of Contextual Privacy, Richard J. Peltz-Steele
Enhancing the Teaching of Lawyering Skills and Perspectives Through Virtual World Engagement, Andrea M. Seielstad
Environmental Affairs in Bankruptcy: 2004, Michael G. Hillinger and Ingrid Michelsen Hillinger
Exporting the Legal Incubator: A Conversation with Fred Rooney, Fred Rooney and Justin Steele
Federalist Society’s Intellectual Property Practice Group and its Stanford Law School present a debate on Open Source and Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, and G. Marcus Cole
From the Ivory Tower to the Glass House: Access to “De-Identified": Public University Admission Records to Study Affirmative Action, Richard J. Peltz-Steele
Furman, after Four Decades, J. Thomas Sullivan
GPS Monitoring Device Leads the Supreme Court to the Crossroads in Privacy Law, Shaun B. Spencer
Grounding Into a Double Standard: Understanding and Repealing the Curt Flood Act, Brett J. Butz
History Repeats Itself: Parallels Between Current-day Threats to Immigrant Parental Rights and Native American Parental Rights in the Twentieth Century, Vinita B. Andrapalliyal
How Are You Going to Keep Them Down on the (Collective) Farm After They’ve Seen Chicago?: A Minor’s Right to Political Asylum Against His Parents’ Wishes, Michael G. Hillinger
How Fresh a Start?: What are "Household Goods" for Purposes of Section 522 (f)(1)(B)(i) Lien Avoidance?, Michael G. Hillinger
How Microenterprise Development Contributes to CED, Amanda Spratley and Susan R. Jones
In Impartiality We Trust: A Commentary on Government Aid and Involvement with Religion, Thomas J. Cleary
Intellectual Property in the Era of the Creative Computer Program, Ralph D. Clifford
Intellectual Property Rights in an Attorney’s Work Product, Ralph D. Clifford
Intellectual Property Rights in an Attorney’s Work Product, Ralph D. Clifford
Intimate Terrorism and Technology: There's an App for That, Justine A. Dunlap
In Tort Pursuit of Mass Media: Big Tobacco, Big Banks, and Their Big Secrets, Richard J. Peltz-Steele and Eric J. Booth
Introduction, Miriam F. Miquelon-Weismann
Introduction to excerpts from Lessons Learned From 9/11: DNA Identification in Mass Fatality Incidents, Glenn R. Schmitt
Is It Time for a Rule 11 for the Patent Bar?, Ralph D. Clifford
J.D.B. v. North Carolina: Ushering in a New “Age” of Custody Analysis Under Miranda, Hillary B. Farber
Judging Nicholson: An Assessment of Nicholson v. Scoppetta, Justine A. Dunlap
Juvenile Death Sentence Lives On... Even after Roper v. Simmons, Akin Adepoju
Keep your eyes on eyes in the sky, Hillary B. Farber
Lessons Learned From 9/11: DNA Identification in Mass Fatality Incidents, National Institute of Justice
Leveraging Academic Support Programs for Innovative Teaching Methods Across the Curriculum, Rebecca C. Flanagan
Lucifer Goes to Law School: Towards Explaining and Minimizing Law Student Peer-to-Peer Harassment and Intimidation, Rebecca Flanagan
Maria’s Law: Extending Insurance Coverage for Fertility Preservation to Cancer Patients in Massachusetts, Brittany Raposa
Misappropriation of an Instrumental Musician’s Identity, Peter Pawelczyk
Much Ado About Nothing? A Critical Examination of Therapeutic Jurisprudence, Dennis Roderick and Susan T. Krumholz
Nevada Case Threatens to Expand Terry Stops, Shaun B. Spencer
Not Your Father’s Case Method: Bringing Skills into Doctrinal Course, Jeremiah A. Ho
On Apology, Robert Ward
On Business Torts and the First Amendment, Richard J. Peltz-Steele
On Reading The Language of Statutes (Book Review), Linda D. Jellum
Pieces of Pico: Saving Intellectual Freedom in the Public School Library, Richard J. Peltz-Steele
Protecting the Innocent with a Premium for Child Safety Regulations, Jacob P. Byl
Race Indeed Above All: A Reply to Professors Andrea Curcio, Carol Chomsky, and Eileen Kaufman, Dan Subotnik
Random Numbers, Chaos Theory, and Cogitation: A Search for the Minimal Creativity Standard in Copyright Law, Ralph D. Clifford
Reaffirmation Agreements in Consumer Bankruptcy Cases, Daniel A. Austin and Donald R. Lassman
Reasonable Expectations and the Erosion of Privacy, Shaun Spencer
Reflection-in-Action: Lessons Learned from New Clinicians, Justine A. Dunlap and Peter A. Joy
Resolving the Double Liability Problem: A Critique of California's Mechanics Lien Statute, Terrence Nguyen
Say Sorry and Save: A Practical Argument for a Greater Role for Apologies in Medical Malpractice Law, Matthew Pillsbury
Search Method in E-Discovery: How Rule 26's Silence Poses a Risk of Sanctions to Attorneys and Increases the Cost of Litigation, Khanh T. Huynh
Section 365 in the Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger and Ingrid Michelsen Hillinger
Security vs. Privacy: Reframing the Debate, Shaun B. Spencer
Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda and Ari Freilich
Shooing the Vultures Away from the Consumer Bankruptcy Carcass: Attorney Fees Owed by Debtors for Marital Dissolution are not Domestic Support Obligations, Christopher V. Davis
Simultaneous Copyright and Trade Secret Claims: Can the Copyright Misuse Defense Prevent Constitutional Doublethink?, Ralph D. Clifford
Social Networking and Student Safety: Balancing Student First Amendment Rights and Disciplining Threatening Speech, John L. Hughes III
Sometimes I Feel Like a Motherless Child: The Error of Pursuing Battered Mothers for Failure to Protect, Justine A. Dunlap
Spreading Democracy Everywhere But Here: The Unlikely Prospect of Foreign National Defendants Asserting Treaty Violations in American Courts After Sanchez-Llamas v. Oregon and Medellin v. Dretke, Miriam F. Miquelon-Weismann
Squatting: Lifting the Heavy Burden to Evict Unwanted Company, Shannon Dunn McCarthy
Standardized Testing as Discrimination: A Reply to Dan Subotnik, Richard Delgado
Strengths, Limitations, and Controversies of DNA Evidence, Naseam Rachel Behrouzfard
Supermax’s Kryptonite? Wilkinson v. Austin: The Due Process Challenge to Ohio’s Super-Maximum Security Prison, Adam Miller
Tactics, Strategies, & Battles – Oh My!: Perseverance of the Perpetual Problem Pertaining to Preaching to Public School Pupils & Why it Persists, Casey S. McKay
Tax Naked Credit Default Swaps for What They Are: Legalized Gambling, James Blakey
Technology Drives the Law: A Foreword to Trends and Issues in Techology & the Law, Ralph D. Clifford
Technology Drives the Law: A Foreword to Trends and Issues in Techology & the Law, Ralph D. Clifford
Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman
The Case for Extending Pretrial Diversion to Include Possession of Child Pornography, Sarah J. Long
The Changing Practice of Bankruptcy Law: An Analysis of How Bankruptcy Practice Has Changed in the Last Decade, Michael Goldstein, Samantha Einhorn, and Jill L. Phillips
The Discoverability of E-Mails: The Smoking Gun of the Modern Era, Michael J. Martin
The Federal Circuit’s Cruise to Uncharted Waters: How Patent Protection for Algorithms and Business Methods May Sink the UCITA and State Intellectual Property Protection, Ralph D. Clifford
The Kids Aren’t Alright: Rethinking the Law Student Skills Deficit, Rebecca Flanagan
The New American Privacy, Richard J. Peltz-Steele
The Role of the Parent/Guardian in Juvenile Custodial Interrogations: Friend or Foe?, Hillary B. Farber
The Science Behind Breath Testing for Ethanol, Thomas E. Workman Jr.
The Story of YMPs (“Yield Maintenance Premiums”) in Bankruptcy, Michael G. Hillinger and Ingrid Michelsen Hillinger
The Surveillance Society and the Third-Party Privacy Problem, Shaun B. Spencer
The Veterans Clinic and Legal Education: A Conversation with Professor Steven Berenson, Steven Berenson and Paul Lee
The Waters are Rising! Why Isn't My Tax Basis Sinking? Why Coastal Land Should be a Depreciable Asset in Light of Global Warming and the Rise in Sea Level, Jason P. Oppenheim
Time for Change: Bringing Massachusetts Homestead and Personal Property Exemptions into the Twenty-First Century, Lee Harrington
Tired of Your Masses: A History of and Judicial Responses to Early 20th Century Anti-Immigrant Legislation, Irene Scharf
Toward a Less Adversarial Relationship Between Chevron and Gardner, James D. Ridgway
Un-Torturing the Definition of Torture and Employing the Rule of Immigration Lenity, Irene Scharf
Wage War: Backpay Under the Hoffman Decision, Shuaa Tajammul
Watching the Watchers: The Growing Privatization of Criminal Law Enforcement and the Need for Limits on Neighborhood Watch Associations, Sharon Finegan
Weather Permitting: Incrementalism, Animus, and the Art of Forecasting Marriage Equality after U.S. v. Windsor, Jeremiah A. Ho
What About the Victims? Domestic Violence, Hearsay, and the Confrontation Clause in the Aftermath of Davis v. Washington, Stacey Gauthier
What's Competence Got to Do With It: The Right Not to be Acquitted by Reason of Insanity, Justine A. Dunlap
Your View: ‘Do not track’ should apply to drivers, too, Hillary B. Farber
