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Articles 1 - 8 of 8
Full-Text Articles in Law
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
University of Massachusetts Law Review
This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell
University of Massachusetts Law Review
This Article tells the legal story of one of the South’s most infamous trials – the Groveland Boys prosecution in central Florida. Called “Florida’s Little Scottsboro,” the Groveland case garnered international attention in 1949 when four young black men were accused of the gang rape of a white woman in the orange groves north of Orlando. Several days of rioting, Ku Klux Klan activity, three murders, two trials, and three death penalty verdicts followed, in what became the most infamous trial in Florida history. The appeals of the trial reached the United States Supreme Court, with the NAACP’s Thurgood Marshall …
Fall 2016 Newsletter: The Docket, Emma Wood
Fall 2016 Newsletter: The Docket, Emma Wood
Law Library Newsletter
Copy of the Fall 2016 issue of the UMass Law Library Newsletter, The Docket.
Spring 2016 Newsletter, Emma Wood
Spring 2016 Newsletter, Emma Wood
Law Library Newsletter
Copy of the Spring 2016 UMass Law Library Newsletter.
Good Cause Is Bad News: How The Good Cause Standard For Record Access Impacts Adult Adoptees Seeking Personal Information And A Proposal For Reform, Christopher G.A. Loriot
Good Cause Is Bad News: How The Good Cause Standard For Record Access Impacts Adult Adoptees Seeking Personal Information And A Proposal For Reform, Christopher G.A. Loriot
University of Massachusetts Law Review
There are many hurdles that adult adoptees face when seeking access to personal information contained in original birth records or adoption proceedings. One such hurdle is the widely-used good cause standard, which requires adoptees seeking information to show good cause to obtain access. This standard is problematic primarily for its vagueness. Very few jurisdictions that use this standard define “good cause” in any meaningful way, and case law interpreting good cause statutory language is inconsistent at best. Although it is meant to protect the privacy interests of all parties in an adoption proceeding, the good cause standard acts as a …
Why Write?, Alexander O. Rovzar
Why Write?, Alexander O. Rovzar
University of Massachusetts Law Review
Introduction to the Winter 2016 issue of the UMass Law Review, written by Alexander O. Rovzar, Editor-in-Chief.
A Jukebox For Patents: Can Patent Licensing Of Incremental Inventions Be Controlled By Compulsory Licensing?, Ralph D. Clifford
A Jukebox For Patents: Can Patent Licensing Of Incremental Inventions Be Controlled By Compulsory Licensing?, Ralph D. Clifford
Faculty Publications
The patent system today no longer follows the classic understanding of how it is designed to work. In theory, to avoid infringement, a product developer searches the database of issued patents looking for those that might read onto the product being developed. If such patents are found, the developer can approach the patent holder for a license, can attempt to design around the claims, or can abandon the project. With many hundreds of thousands of patents being issued annually—a rate of issuance almost an order of magnitude larger than a hundred years ago—it is now a practical impossibility to search …
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 …