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Full-Text Articles in Law

A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles Dec 2014

A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles

University of Massachusetts Law Review

The Case Note proceeds as follows. Part I traces the historical and procedural facts underlying Nicholas. Part II describes the legal backdrop against which the United States Court of Appeals for the Second Circuit decided the case. Part III steps through the Second Circuit’s majority opinion, and Part IV critiques the opinion. Part V concludes the Case Note by discussing the ramifications of Nicholas for future DNA-indexing cases.


Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice Dec 2014

Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice

University of Massachusetts Law Review

DNA analysis is the gold standard for identification of human remains from mass disasters. Particularly in the absence of traditional anthropological and other physical characteristics, forensic DNA typing allows for identification of any biological sample and the association of body parts, as long as sufficient DNA can be recovered from the samples. This is true even when the victim’s remains are fragmented and the DNA is degraded. While many effective laboratory protocols are available for DNA analysis, the analytical portion is only one part of the identification process.


Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt Dec 2014

Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt

University of Massachusetts Law Review

On the 5th anniversary of the terrorist attacks on the World Trade Center, the National Institute of Justice – the research, development, and evaluation agency of the U.S. Department of Justice – published a major report on the identification of mass disaster victims using DNA analysis. The report was prepared by the Kinship and Data Analysis Panel, a multidisciplinary group of scientists assembled by the National Institute of Justice to offer guidance to the New York City Office of the Chief Medical Examiner in the identification of those who perished in the World Trade Center.


Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk Dec 2014

Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk

University of Massachusetts Law Review

In some cases, singers have been able to vindicate property rights in their identities when advertisers have featured sound-alike singers in commercials. However, there is no case law to support that an instrumental musician can protect herself from an advertiser imitating the characteristic sound of her playing. This Comment will explore whether and how the law should protect “musical identities”, particularly when the plaintiff is an instrumental musician rather than a singer.


Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino Apr 2014

Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino

University of Massachusetts Law Review

The 2002 Help America Vote Act requires election officials to request photo ID for first time voters who register by mail. Some states took this a step further and required all voters to present photo ID in order to exercise the franchise. These laws have attracted a great deal of attention recently because of the belief that these laws disenfranchise voters. However, what is needed is a uniform system that allows voters access to the ballot and also protects the integrity of the ballot. This note argues that all Congress has to do is connect the dots in several federal …