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Full-Text Articles in Law
Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson
Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson
University of Massachusetts Law Review
This Article will likewise examine the prosecution of sexual harassment in what has come to be called the Me Too Era, not only by analyzing the constitutional application and limitations of due process, the promulgation of Title IX policies4 on campuses and their effect on public students and employees, and the limited remedies available to workers in private entities, but to suggest as well ways by which academics can move their message beyond theory and into pragmatic solutions with greater impact.
Complicated Lives: A Look Into The Experience Of Individuals Living With Hiv, Legal Impediments, And Other Social Determinants Of Health, Margaret B. Drew, Jason Potter, Caitlin Stover
Complicated Lives: A Look Into The Experience Of Individuals Living With Hiv, Legal Impediments, And Other Social Determinants Of Health, Margaret B. Drew, Jason Potter, Caitlin Stover
Faculty Publications
Those living with HIV continue to have challenges that extend well beyond their medical needs Public misconceptions surrounding HIV transmission and treatment have resulted in systemic and pervasive discrimination against those living with the disease. Common misconceptions include overly optimistic perceptions of the modern state of medical treatment, leading the uninformed to conclude that people living with HIV are minimally impacted by the disease, and misunderstandings regarding how the disease is transmitted from person-to-person, leading to stigma and social prejudice. Because of these misconceptions, three professors from the University of Massachusetts Dartmouth formed a community partnership to determine the unmet …
Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine
Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine
University of Massachusetts Law Review
The United States is in a state of conflict over the ability to obtain firearms as well as their use in highly publicized mass shootings. On December 14, 2012, Adam Lanza obtained several firearms that were lawfully owned by his mother, but were improperly secured. Lanza killed his mother that morning and then drove a short distance to the Sandy Hook Elementary School in Newtown, Connecticut where he murdered twenty-six people, many of whom were small children. Lanza eventually turned a gun on himself before being confronted by responding officers. Though mass shootings are often headlines in this country, the …
Collaboration And Intention: Making The Collaborative Family Law Process Safe(R), Margaret Drew
Collaboration And Intention: Making The Collaborative Family Law Process Safe(R), Margaret Drew
Faculty Publications
Since the beginning of the collaborative family law movement, commentators from various professions have discouraged collaborative lawyers from accepting cases involving intimate partner abuse. The collaborative process, with its face to face meetings and emphasis on transparency and good faith, carries with it many risks for the partner who has been abused and who is attempting to end the relationship with the abusive partner. There may be occasions, however, when the at-risk partner believes that the collaborative process will enhance her safety or at least provide her with less exposure to future harm than other resolution processes. This article will …
Putting The Plug In The Jug: The Malady Of Alcoholism And Substance Addiction In The Legal Profession And A Proposal For Reform, Alexander O. Rovzar
Putting The Plug In The Jug: The Malady Of Alcoholism And Substance Addiction In The Legal Profession And A Proposal For Reform, Alexander O. Rovzar
University of Massachusetts Law Review
To members of the legal profession, and many of those familiar with it, the high rate of chemical dependency among practitioners is not a secret. Moreover, there is a strong correlation between chemically dependent attorneys and ethical violations across the nation. Over the past thirty years, the legal profession has generally dealt with the alarming amount of professional misconduct rooted in an attorney’s alcoholism or substance addiction by imposing discipline. With the exception of some state-led movements toward rehabilitating the addicted attorney, little has been done on the national level to address chemical dependency among practicing attorneys. Drawing from the …
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
University of Massachusetts Law Review
The practice of bankruptcy law has changed drastically over the last decade. An attorney starting out in the field in 2009 faces different issue than one who began in 1999. However, it’s not just the issues that come up with clients that make the practice so different, but the law of bankruptcy itself has changed. The economic downturn of the last eighteen months has changed the way the public views bankruptcy. The Bankruptcy Reform Act of 2005 and In re Bateman, a case decided in 2008, altered the landscape of bankruptcy practice forever. This article will walk through a …
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Faculty Publications
‘Collaboration and Coercion’ addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Faculty Publications
Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …