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Full-Text Articles in Law
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies, Margo Schlanger
Incrementalist Vs. Maximalist Reform: Solitary Confinement Case Studies, Margo Schlanger
Articles
Among criminal justice reformers, it has long been hotly contested whether moderate reform helps or harms more efforts to achieve more thoroughgoing change. With respect to solitary confinement, do partial and ameliorative measures undermine the goal of solitary confinement abolition? Or do reformist campaigns advance—albeit incrementally—that ultimate goal? Call this a debate between “incrementalists” and “maximalists.” I offer this Essay as an appeal for empirical rather than aesthetic inquiry into the question. After summarizing nationwide reform litigation efforts that began in the 1970s, I try to shed some factual light by examining solitary reform efforts in two states, Massachusetts and …
Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs
Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs
Articles
Throughout the United States, escalating drug prices are putting immense pressure on state budgets. Several states are looking for ways to push back. Last year, Massachusetts asked the Trump administration for a waiver that would, among other things, allow its Medicaid program to decline to cover costly drugs for which there is limited or inadequate evidence of clinical efficacy. By credibly threatening to exclude such drugs from coverage, Massachusetts hoped to extract price concessions and constrain the fastest-growing part of its Medicaid budget.
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
The Rights Of Passengers In An Unregistered Automobile, Edson R. Sunderland
The Rights Of Passengers In An Unregistered Automobile, Edson R. Sunderland
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The State of Massachusetts by statute requires automobiles to be registered, and prohibits the operation of unregistered machines upon any public highway. While this law was in force, a party of persons went riding in an automobile whose registration had expired four days before. While they were in the act of crossing a railroad track, the automobile was struck by a locomotive, and several of the party were injured and one killed. Five actions were brought against the railroad company. There was evidence that the whistle of the locomotive had not been blown nor the bell rung as the locomotive …
What Are The Rights Of The Vendor Of Good Will?, Joseph H. Drake
What Are The Rights Of The Vendor Of Good Will?, Joseph H. Drake
Articles
Various attempts have been made to answer this question by defining the term "good will" and in this way determining what passes to the vendee and, e converso, what rights are left to the vendor. Lindley, however, says, "the term good will can hardly be said to have any precise signification." LINDLEY-EWELL, 2nd Ed., 439. Though indefinable the term is said to be divisible, as in the case of Foss v. Roby (1907), 195 Mass. 297, where it is said, following previous decisions, that in a commercial partnership the good will is largely local in character whereas in a professional …