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Articles 1 - 10 of 10
Full-Text Articles in Law
Complicated Lives: A Look Into The Experience Of Individuals Living With Hiv, Legal Impediments, And Other Social Determinants Of Health, Margaret B. Drew, Jason Potter, Caitlin Stover
Complicated Lives: A Look Into The Experience Of Individuals Living With Hiv, Legal Impediments, And Other Social Determinants Of Health, Margaret B. Drew, Jason Potter, Caitlin Stover
Faculty Publications
Those living with HIV continue to have challenges that extend well beyond their medical needs Public misconceptions surrounding HIV transmission and treatment have resulted in systemic and pervasive discrimination against those living with the disease. Common misconceptions include overly optimistic perceptions of the modern state of medical treatment, leading the uninformed to conclude that people living with HIV are minimally impacted by the disease, and misunderstandings regarding how the disease is transmitted from person-to-person, leading to stigma and social prejudice. Because of these misconceptions, three professors from the University of Massachusetts Dartmouth formed a community partnership to determine the unmet …
Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber
Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber
Faculty Publications
Location tracking data can reveal quite a bit of information about a person when it is all pieced together. Just by knowing where and when a person frequents certain places we can know about his/her recreational habits, religious affiliations, professional affiliations, relationship status, personal health and hygiene, social preferences and contacts, and so much more. That is why it is so important to regulate the use of location tracking technology. There are a variety of efforts afoot to rein in government use of such technology – this op-ed is concerned with automated license plate readers.
Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber
Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber
Faculty Publications
This article begins with a current look at the deployment of drones domestically, both in terms of their use and the procedure for attaining approval for flight. Part II examines the capabilities of drones. Part III considers the Supreme Court's current Fourth Amendment jurisprudence and its application to law enforcement's use of drones. Part IV reviews existing and proposed federal and state regulation of drones. Part V offers constitutional and legislative prescriptions for regulating drones.
Your View: Top Funding Needed For Legal Assistance Corporation, Justine A. Dunlap
Your View: Top Funding Needed For Legal Assistance Corporation, Justine A. Dunlap
Faculty Publications
Lawyers - we love to hate them until we need one. The good news that, in certain critical situations, lawyers are available. They are a constitutional entitlement for the criminally accused. They can be retained on a contingency fee basis in certain kinds of cases. Legal services may be available through a work-based pre-paid plan. And, if you have lots of money, legal services are, of course, readily procurable. That's the stuff of legal "dream teams".
I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah A. Ho
Faculty Publications
This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …
Democracy's Harvest: Resources For Massachusetts Voters' Initiatives And Referendums, Spencer E. Clough
Democracy's Harvest: Resources For Massachusetts Voters' Initiatives And Referendums, Spencer E. Clough
Faculty Publications
Massachusetts initiatives and referendums, based upon a lengthy and complicated constitutional amendment, present legal and historical researchers with a number of questions and issues to resolve. This review of the resources on initiatives and referendums attempts to provide guidance for these researchers, while provoking critical thinking about issues past, present, and future.
Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz-Steele
Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz-Steele
Faculty Publications
This article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those which were decided after the federal question became clear. The Article first inquires into the role of …
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele
Faculty Publications
This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …
The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard J. Peltz-Steele, Joi L. Leonard, Amanda J. Andrews
The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard J. Peltz-Steele, Joi L. Leonard, Amanda J. Andrews
Faculty Publications
The law and practice of court record access across United States jurisdictions is in a confused state. Public access to records in the hands of government, including court records, is a desirable norm of public policy; on this point, there is universal agreement. But there is disagreement on questions as fundamental as whether public access to court records is founded in constitutional law, or only in common law; and the extent to which court record access is the province of the courts or the legislature. And most importantly, there is widely divergent disagreement about what circumstances warrant restriction on public …
Waiver Or Modification: That Is The Question, Michael G. Hillinger
Waiver Or Modification: That Is The Question, Michael G. Hillinger
Faculty Publications
The elusive distinction between waiver and contract modification has reared its head in Massachusetts. What's the difference? A party who "waives" a contract term can retract the waiver in the absence of the other party's detrimental reliance, whereas a party cannot unilaterally retract a contract modification. Stating the legal consequences that flow from each event is easy. Figuring out which event has occurred is not.