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The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
University of Massachusetts Law Review
This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial interpretation …
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
University of Massachusetts Law Review
This Article discusses the interplay between the Necessary and Proper Clause and the Commerce Clause, particularly in light of the landmark decision of National Federation of Independent Business v. Sebelius. First, this Article reviews the historical interaction between the two clauses, discussing the instances in which the two may have been considered together, and introducing the Supreme Court jurisprudence of each clause, setting the legal landscape for the NFIB v. Sebelius decision. Next, this Article details the three opinions from the NFIB v. Sebelius decision, Chief Justice Roberts’ holding, the joint concurrence, and Justice Ginsberg’s dissent, specifically as they …
The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh
The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh
University of Massachusetts Law Review
This note discusses the potential indefinite detention, also called preventative detention, of the Uighur detainees. Until early 2010, the U.S. Government had been unable to resettle seventeen Uighurs for over 5 years. In 2009, the Supreme Court, granted certiorari on the issue of whether federal courts have the authority to ―order the release of prisoners held at Guantanamo Bay 'where the Executive detention is indefinite and without authorization in law, and release into the continental United States is the only possible effective remedy.‘ However, on March 1, 2010, the Supreme Court vacated and remanded the case to the United States …