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Full-Text Articles in Law
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
University of Massachusetts Law Review
There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
State Sovereign Immunity And Intellectual Property: An Evaluation Of The Trademark Remedy Clarification Act’S Attempt To Subject States To Suit In Federal Courts For Trademark Infringements Under The Lanham Act, Jennifer L. Fessler
University of Massachusetts Law Review
There are two things that can be learned from this paper. First, the analytical framework developed by the Court in City of Boerne is a stringent test that has considerably narrowed Congress’s ability to abrogate state’s Eleventh Amendment immunity through legislation. Second, only half of the battle was won when Congress enacted the Trademark Remedy Clarification Act. Although it met the new requirements the Court placed on legislative efforts in Atascadero, it is not able to meet the requirements that were later set forth in Seminole Tribe. The Rehnquist Court’s holdings indicate the Court’s active pursuit of state’s …
The Case For Extending Pretrial Diversion To Include Possession Of Child Pornography, Sarah J. Long
The Case For Extending Pretrial Diversion To Include Possession Of Child Pornography, Sarah J. Long
University of Massachusetts Law Review
Pretrial diversion removes offenders with a low-risk of reoffending from the penal system and instead sends them to supervised treatment programs. The result is lower cost to the state and a second chance for those who successfully complete the program. Typically, violent crimes, such as murder and attempted murder, are exempt from pretrial diversion. Notably, sex related crimes are also ineligible in all jurisdictions. By excluding all sex-related crimes from pretrial diversion, possession of child pornography is adjudicated by the courts. As a result, young, first-time offenders who may be candidates for treatment are bundled with physical offenders, members of …
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
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
University of Massachusetts Law Review
Anaerobic digestion technology uses microorganisms to consume waste and produce methane gas, which serves as a source of clean renewable energy. Although anaerobic digestion is widely used for both purposes throughout the rest of the world, it is rarely applied in the United States. This Article explains the scientific processes of anaerobic digestion. It then discusses how anaerobic digestion has been used throughout history and among societies as a waste management technology and source of renewable energy. The Article continues by addressing the legal aspects of anaerobic digestion, examining the reasons why it is not widely used in the United …
Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot
University of Massachusetts Law Review
This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal …
Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber
Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber
Faculty Publications
Location tracking data can reveal quite a bit of information about a person when it is all pieced together. Just by knowing where and when a person frequents certain places we can know about his/her recreational habits, religious affiliations, professional affiliations, relationship status, personal health and hygiene, social preferences and contacts, and so much more. That is why it is so important to regulate the use of location tracking technology. There are a variety of efforts afoot to rein in government use of such technology – this op-ed is concerned with automated license plate readers.
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
Faculty Publications
This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.