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Articles 1 - 18 of 18
Full-Text Articles in Law
Compelling Interest, Forbidden Aim: The Antinomy Of Grutter And Gratz, Patrick S. Shin
Compelling Interest, Forbidden Aim: The Antinomy Of Grutter And Gratz, Patrick S. Shin
Suffolk University Law School Faculty Works
This article explores the tension between the Grutter Court's capacious account of the value of racial diversity, on the one hand, and the Gratz Court's insistence on the constraining mechanism of individualized consideration, on the other. The article examines whether the promotion of diversity as a compelling interest can be reconciled with the requirement of individualized consideration under any coherent principle of equal treatment. The article concludes that the only way this can be done is to interpret the cases as rejecting the proposition that 'racial' diversity represents a compelling governmental interest and as implicitly adopting, instead, the idea that …
Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson
Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson
Suffolk University Law School Faculty Works
This article shows why lawyers must improve their writing skills beyond law school, throughout their careers, and why the legal profession must join the legal academy in working to improve them. It offers recommendations that the legal profession can implement to combine efforts with academia to meet the challenge of improving legal writing. Academia and the legal profession agree that lawyers write poorly; however, how, when, and who should improve writing skills needs examination. For pragmatic and pedagogical reasons, a united effort between academia and the legal profession is required to meet the challenge of improving legal writing. Writing is …
The Dos And Don'ts Of Massachusetts Sentencing, Isaac Borenstein
The Dos And Don'ts Of Massachusetts Sentencing, Isaac Borenstein
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note, Brian Baggott
Editor's Note, Brian Baggott
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Front Matter, Jtaa Editors
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Partnership Form In Litigation: A Case Study, Nelson P. Lovins
The Partnership Form In Litigation: A Case Study, Nelson P. Lovins
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Return To Certainty: Why Grand Jury Subpoenas Should Supersede Civil Protective Orders, Brian Baggott
A Return To Certainty: Why Grand Jury Subpoenas Should Supersede Civil Protective Orders, Brian Baggott
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - Physical Evidence Obtained As A Result Of Unwarned, Voluntary Statement Held Admissible Despite Failure To Issue Miranda Warnings - United States V. Patane, 124 S. Ct. 2620 (2004), Sean Tirrell
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Habeas Corpus - Aliens Detained At The United States Naval Base In Guantanamo Bay, Cuba, May Petition Federal Courts For Writs Of Habeas Corpus - Rasul V. Bush, 124 S. Ct. 2686 (2004), Rachel Rod
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Limitations On A Minor's Right To Sue For Medical Malpractice: A Constitutional Analysis, Natalie H. Mantell
Limitations On A Minor's Right To Sue For Medical Malpractice: A Constitutional Analysis, Natalie H. Mantell
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Should Unnecessary Warnings Wrap A Suspect In The Panoply Of Miranda Protections, Ann F. Walsh
Should Unnecessary Warnings Wrap A Suspect In The Panoply Of Miranda Protections, Ann F. Walsh
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Judgement By Hunch: Revisiting Massachusetts' Rationale For Refusing To Increase Criminal Sentences Based On A Defendant's Alleged Perjury, Katherine Etherington
A Judgement By Hunch: Revisiting Massachusetts' Rationale For Refusing To Increase Criminal Sentences Based On A Defendant's Alleged Perjury, Katherine Etherington
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
An Examination Of Relocation Law In Massachusetts, Connecticut, And Rhode Island: Successful Trends Toward Determining The Best Interests Of The Child, Kathleen Yaeger
An Examination Of Relocation Law In Massachusetts, Connecticut, And Rhode Island: Successful Trends Toward Determining The Best Interests Of The Child, Kathleen Yaeger
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Rule 615 - Beyond The Walls Of The Courtroom Proper: Efficacious Truth-Seeking Device Or Toothless Tiger, Matthew M. Valcourt
Rule 615 - Beyond The Walls Of The Courtroom Proper: Efficacious Truth-Seeking Device Or Toothless Tiger, Matthew M. Valcourt
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Indigenous Peoples And Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Indigenous Peoples And Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Suffolk University Law School Faculty Works
This paper, following on Michael F. Brown's Who Owns Native Culture?, suggests that intellectual property law, negotiation, and human rights precepts can work together to address indigenous claims to heritage protection. Granting intellectual property rights in such spheres as traditional knowledge and folklore does not threaten the public domain in the same way that expansion of intellectual property rights in more commercial spheres does. It is not so much a question of the public domain versus corporate and indigenous interests, as it is a question of the impact corporate interests have had on the indigenous claims. Indeed indigenous peoples' claims …
Using Subsequent Remedial Measures To Help Satisfy Problematic Causation Requirements In Toxic Torts Cases, Jason Drori
Using Subsequent Remedial Measures To Help Satisfy Problematic Causation Requirements In Toxic Torts Cases, Jason Drori
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.