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Full-Text Articles in Law
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
What About The Victims? Domestic Violence, Hearsay, And The Confrontation Clause In The Aftermath Of Davis V. Washington, Stacey Gauthier
University of Massachusetts Law Review
This article analyzes the Sixth Amendment right to confrontation, admission of hearsay statements, and the effect of the Davis decision on the prosecution of domestic violence cases. Part II discusses the history of the Confrontation Clause. Part III discusses hearsay prior to Crawford. Parts IV, V, and VI discuss the landmark cases Crawford v. Washington, Commonwealth v. Gonsalves, and Davis v. Washington, respectively, with regard to whether statements made to police are admissible when the declarant is not available to testify at trial. The reasons why the Supreme Court’s extension of the Confrontation Clause is unwarranted are contained …
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.
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
Much Ado About Nothing? A Critical Examination Of Therapeutic Jurisprudence, Dennis Roderick, Susan T. Krumholz
University of Massachusetts Law Review
In the decades since the 1970s there have been several movements designed to impact or alter the workings of the legal system. The most lasting and widespread of these movements has been the development and systemic incorporation of mediation or Alternative Dispute Resolution, especially in the arena of family law but also impacting community disagreements, a variety of commercial disputes, and civil cases in general. However mediation did not significantly impact the practice of criminal law. Rapid growth in the number of individuals being processed through the criminal courts during the 1980s and 1990s shifted the focus to the criminal …
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
University of Massachusetts Law Review
This article examines both the potential benefits and detriments of the use of an apology in a legal setting. This article uses the specific environment surrounding a medical malpractice case to help illustrate how and why an apology should or should not be proffered by the Defendant. Ultimately, the reader of this article should have a solid understanding of how an apology can be admissible as evidence in the litigation of a medical malpractice lawsuit.
Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk
Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk
University of Massachusetts Law Review
In some cases, singers have been able to vindicate property rights in their identities when advertisers have featured sound-alike singers in commercials. However, there is no case law to support that an instrumental musician can protect herself from an advertiser imitating the characteristic sound of her playing. This Comment will explore whether and how the law should protect “musical identities”, particularly when the plaintiff is an instrumental musician rather than a singer.
Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa
Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa
University of Massachusetts Law Review
This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand …
Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado
Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado
University of Massachusetts Law Review
Richard Delgado replies to Dan Subotnik, Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, 8 U. Mass. L. Rev. 332 (2013).
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
University of Massachusetts Law Review
Linda D. Jellum reviews Lawrence M. Solan, The Language of Statutes: Laws and Their Interpretation (The University of Chicago Press, Chicago, 2010), ISBN-13: 978-0-226-76796-3.
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
University of Massachusetts Law Review
Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.
Keep Your Eyes On Eyes In The Sky, Hillary B. Farber
Keep Your Eyes On Eyes In The Sky, Hillary B. Farber
Faculty Publications
To date, eight states have passed bills regulating domestic drone use by government and private individuals. This leaves us with a question: If a city of more than 60,000 residents and a global company with a customer base in the hundreds of millions are racing to the sky, how are we as a commonwealth of 6.6 million to truly launch ourselves into the debate and protect what little privacy we have left?
On Business Torts And The First Amendment, Richard J. Peltz-Steele
On Business Torts And The First Amendment, Richard J. Peltz-Steele
Faculty Publications
A gaping question in free speech law surrounds the application of the First Amendment defense in business torts. The pervasiveness of communication technologies, the flourishing of privacy law, and the mere passage of time have precipitated an escalation in tort cases in which communication, and what the defendant may allege is free speech, lies at the heart of the matter.