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Full-Text Articles in Evidence

Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss Sep 2013

Whether You "Like" It Or Not: The Inclusion Of Social Media Evidence In Sexual Harassment Cases And How Courts Can Effectively Control It, Laura E. Diss

Boston College Law Review

The increasing use of social media sites like Facebook, Twitter, and Myspace in social interactions has led to a corresponding increase in the use of social media evidence in litigation. Social media sites provide attorneys with easily accessible, up-to-date information about individuals, making such sites highly desirable sources of evidence. Although recent case law indicates that social media evidence is largely discoverable and often admissible, allowing broad discovery of social media evidence in sexual harassment cases could be highly problematic for plaintiffs because it often produces irrelevant and prejudicial evidence that only serves to embarrass plaintiffs and dissuade them from ...


Medical Malpractice, The Affordable Care Act And State Provider Shield Laws: More Myth Than Necessity?, Mary Ann Chirba, Alice Noble May 2013

Medical Malpractice, The Affordable Care Act And State Provider Shield Laws: More Myth Than Necessity?, Mary Ann Chirba, Alice Noble

Boston College Law School Faculty Papers

Given the ambitions and reach of the Affordable Care Act, confusion about its intended and inadvertent impact is inevitable. Since its enactment in 2010, the ACA has raised legitimate and less grounded concerns among various stakeholders ranging from individuals and employers facing coverage mandates to States deciding whether and how to implement the Act’s Medicaid expansions. One item has received far less attention even though it weighs heavily on any provider engaged in the clinical practice of medicine: the ACA’s impact on medical malpractice liability. The Act does little to address medical malpractice head on. Nevertheless, physicians and ...


The Fourth Amendment Fetches Fido: The Future Of Dog Searches, Robert M. Bloom, Dana L. Walsh Jan 2013

The Fourth Amendment Fetches Fido: The Future Of Dog Searches, Robert M. Bloom, Dana L. Walsh

Boston College Law School Faculty Papers

For over thirty-five years, the Supreme Court has grappled with the controversial issue of affirmative action and race preference. Beginning with Justice Lewis Powell’s influential opinion in Bakke v. U. Cal. Davis in 1978, leeway has been permitted for admissions policies that take account of race, as long as it is not given determinative weight so as to exclude consideration of nonminority candidates, or used to set quotas. As the Court has become increasingly conservative, however, its license for race preference has tightened considerably, and it has become receptive to “reverse discrimination” plaintiffs challenging such policies in universities and ...