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Aaron's Law: Reactionary Legislation In The Guise Of Justice, Matthew Aaron Viana
Aaron's Law: Reactionary Legislation In The Guise Of Justice, Matthew Aaron Viana
University of Massachusetts Law Review
This Note argues that the proposed amendment to the Computer Fraud and Abuse Act dubbed “Aaron’s Law,” created in the wake of the prosecution and subsequent suicide of hacktivist Aaron Swartz, should not be enacted as it is overly reactionary legislation which would have unfortunate and unjust repercussions in the realm of civil litigation. This Note first describes the circumstances under which Mr. Swartz found himself prosecuted under the Computer Fraud and Abuse Act, namely his intrusion into, and downloading massive amounts of data from, large internet databases like PACER and JSTOR. This Note also explores the disputed interpretation of …
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
University of Massachusetts Law Review
Linda D. Jellum reviews Lawrence M. Solan, The Language of Statutes: Laws and Their Interpretation (The University of Chicago Press, Chicago, 2010), ISBN-13: 978-0-226-76796-3.
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
University of Massachusetts Law Review
Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product …