Law Commons^™

Anthrogogy: Towards Inclusive Law School Learning, Rebecca C. Flanagan

Faculty Publications

At the time it was introduced, andragogy did offer benefits over “chalk and talk;” where most law students passively took notes while one student at a time actively engaged with their professor in a Socratic dialogue. While andragogy has sustained several modifications and revisions over the last fifty years, it does not reflect the life stage or life experiences that blur the boundaries of childhood and adulthood for over half the current student body in most law schools. Andragogy, designed as a teaching methodology for traditional adults seeking continuing education or to gain credentials for upward mobility in their current …

Truth Seeking: The Lenahan Case And The Search For A Human Rights Remedy, Margaret B. Drew

Faculty Publications

Part I of this essay addresses the role of determining truth as part of human rights remedies. Truth is essential so that all involved may provide appropriate remedies to those harmed, as well as to open a gateway to whatever level of healing and change is possible under the circumstances. Part II discusses the procedural history of Town of Castle Rock v. Gonzales and explores the comparative findings and goals of the U.S. legal system within the human rights framework. The U.S. and IACHR Gonzales-Lenahan cases are used as comparative exemplars. The application of truth seeking principles to the Lenahan …

The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf

Faculty Publications

This article tells the story of the enactment of the bill containing Section 2013. It also provides context for Congress's widespread practice of inserting substantive provisions into appropriations bills, and argues that this practice is inappropriate and counterproductive. Enacted in haste, at the end of a lengthy and historically contentious legislative session plagued by threats of an unfunded government, Section 203 was slipped into a bill about a wholly different topic - "keeping the government open and functioning" - without input from key legislators or stakeholders. Hence, its difficulties were foreseeable.

Part II of this piece offers background about the …

A Promising Beginning, Jeremiah A. Ho

Faculty Publications

When I began teaching at the University of Massachusetts in August 2012, one of my first encounters was with the newly-formed UMass Law Review. The editorial staff was wrapping up its initial preparations for publishing the inaugural volume. Now, over a year later, those nascent processes have since been refined; the inaugural year is over. We are excited to say that the UMass Law Review enters its sophomore year with this current issue, affectionately dubbed “9:1”.

Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho

Faculty Publications

Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus focused jurisprudence for lifting the discrimination against …

Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer

Faculty Publications

This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).