Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (4)
- Constitutional Law (3)
- Education Law (3)
- Health Law and Policy (3)
- Immigration Law (3)
-
- Legal Education (3)
- Legal Profession (3)
- Human Rights Law (2)
- Military, War, and Peace (2)
- Civil Law (1)
- Computer Law (1)
- Courts (1)
- First Amendment (1)
- International Humanitarian Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Law of the Sea (1)
- Legal Writing and Research (1)
- Legislation (1)
- National Security Law (1)
- State and Local Government Law (1)
- Tax Law (1)
- Taxation-Federal Estate and Gift (1)
- Torts (1)
- Keyword
-
- Court (4)
- Government (4)
- Legal (4)
- Reform (4)
- Review (4)
-
- Terrorism (4)
- United states (4)
- Civil (3)
- Constitution (3)
- Constitutional (3)
- Criminal (3)
- Detention (3)
- District (3)
- Education (3)
- Employees (3)
- Immigration (3)
- Judicial (3)
- Justice (3)
- Law (3)
- Legislative (3)
- Opinion (3)
- Public (3)
- Statutory (3)
- Students (3)
- War (3)
- Aliens (2)
- Appellate (2)
- Authority (2)
- Bush (2)
- Circuit (2)
Articles 1 - 22 of 22
Full-Text Articles in Law
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
University of Massachusetts Law Review
This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial interpretation …
Putting The Plug In The Jug: The Malady Of Alcoholism And Substance Addiction In The Legal Profession And A Proposal For Reform, Alexander O. Rovzar
Putting The Plug In The Jug: The Malady Of Alcoholism And Substance Addiction In The Legal Profession And A Proposal For Reform, Alexander O. Rovzar
University of Massachusetts Law Review
To members of the legal profession, and many of those familiar with it, the high rate of chemical dependency among practitioners is not a secret. Moreover, there is a strong correlation between chemically dependent attorneys and ethical violations across the nation. Over the past thirty years, the legal profession has generally dealt with the alarming amount of professional misconduct rooted in an attorney’s alcoholism or substance addiction by imposing discipline. With the exception of some state-led movements toward rehabilitating the addicted attorney, little has been done on the national level to address chemical dependency among practicing attorneys. Drawing from the …
The Aca’S 2017 State Innovation Waiver: Is Erisa A Roadblock To Meaningful Healthcare Reform?, Marea B. Tumber
The Aca’S 2017 State Innovation Waiver: Is Erisa A Roadblock To Meaningful Healthcare Reform?, Marea B. Tumber
University of Massachusetts Law Review
In 2017, the Affordable Care Act’s (ACA) State Innovation Waiver (§1332) will enable states to waive many of the ACA’s provisions and to develop their own creative solutions to reign in healthcare spending. The Employee Retirement Income Security Act of 1974 (ERISA) was enacted to encourage employers to sponsor benefit plans and minimize potential conflicts with existing state laws. Because of ERISA, the regulation of employee benefit plans, including health plans, falls primarily under federal jurisdiction for about 131 million people. This Note explores the ways in which ERISA presents significant roadblocks to meaningful state level healthcare reform under §1332. …
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
When Do The Ends Justify The Means?: The Role Of The Necessary And Proper Clause In The Commerce Clause Analysis, David Loudon
University of Massachusetts Law Review
This Article discusses the interplay between the Necessary and Proper Clause and the Commerce Clause, particularly in light of the landmark decision of National Federation of Independent Business v. Sebelius. First, this Article reviews the historical interaction between the two clauses, discussing the instances in which the two may have been considered together, and introducing the Supreme Court jurisprudence of each clause, setting the legal landscape for the NFIB v. Sebelius decision. Next, this Article details the three opinions from the NFIB v. Sebelius decision, Chief Justice Roberts’ holding, the joint concurrence, and Justice Ginsberg’s dissent, specifically as they …
Out Of Balance: Wrong Turns In Public Employee Speech Law, Michael Toth
Out Of Balance: Wrong Turns In Public Employee Speech Law, Michael Toth
University of Massachusetts Law Review
Although scholars offer a variety of explanations for the modern Supreme Court’s public employee speech jurisprudence, they share a common presumption. According to the standard account, the modern era of public employee free speech law began in 1968, with the Court’s adoption of a balancing test in Pickering v. Board of Education. Contrary to this view, this Article argues that Pickering balancing is better characterized as a relic from a bygone era rather than the start of a new one. Balancing was once the Court’s standard method of judging First Amendment claims. When Pickering was decided, however, balancing was under …
Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard
Succeeding In Manifestation Determination Reviews: A Step-By-Step Approach For Obtaining The Best Result For Your Client, Michelle Scavongelli, Marlies Spanjaard
University of Massachusetts Law Review
Manifestation Determination Review (MDR) advocacy is difficult regardless of the role of the advocate —whether the advocate is a parent, an advocate, or an attorney. Because the MDR is conducted as an Individualized Education Program (IEP) Team meeting, if consensus cannot be reached, school personnel make the ultimate decision. Therefore, the advocate’s persuasiveness and preparedness at the MDR will be critical in arriving at a consensus. This Article goes beyond the basic legal framework for an MDR and focuses on practical suggestions and approaches to enhance an advocate’s efforts on behalf of a child or client. By employing the suggestions …
The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
The Legal Status Of Charter Schools In State Statutory Law, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
University of Massachusetts Law Review
Given the recent increase in charter schools as an alternative to the traditional public education system, this Article explores the legal status and position of charter schools. Charter schools exhibit many characteristics of private schools, particularly in terms of management, but also retain many public school features. Thus, this Article explores areas of the law where charter schools were either classified as public or private in terms of state statutes or regulations, discussing recent and some pending litigation. First, this Article discusses whether charter schools, charter school boards and officials, or educational management organizations which manage charter schools are entitled …
Remedies For Detainees: The Impact Of The Ninth Circuit's Decision On Medical Negligence Cases, Arzoo Rajani
Remedies For Detainees: The Impact Of The Ninth Circuit's Decision On Medical Negligence Cases, Arzoo Rajani
University of Massachusetts Law Review
This comment examines the impact of the Ninth Circuit‘s holding in medical neglect cases and whether the Second Circuit made an error. To examine this issue, it must first be understood what the factual and legal background is concerning each case, the detainee‘s medical rights and the types of actions they can bring against government employees. After examining the law, the Second Circuit‘s holding is then compared with the Ninth Circuit‘s holding. Finally, this comment argues why the Supreme Court should affirm the Ninth Circuit‘s holding.
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
University of Massachusetts Law Review
This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.
The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh
The Efficacy Of Indefinite Detention: Assessment Of Immigration Case Law In Kiyemba V. Obama, Hansdeep Singh
University of Massachusetts Law Review
This note discusses the potential indefinite detention, also called preventative detention, of the Uighur detainees. Until early 2010, the U.S. Government had been unable to resettle seventeen Uighurs for over 5 years. In 2009, the Supreme Court, granted certiorari on the issue of whether federal courts have the authority to ―order the release of prisoners held at Guantanamo Bay 'where the Executive detention is indefinite and without authorization in law, and release into the continental United States is the only possible effective remedy.‘ However, on March 1, 2010, the Supreme Court vacated and remanded the case to the United States …
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
University of Massachusetts Law Review
Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists’ extreme human rights violations without violating international human rights norms and international …
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
University of Massachusetts Law Review
Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that fellow democratic nations in the international community refuse to honor or domesticate the monetary judgments of American courts. Acknowledging that there are a plethora of political and legal obstacles associated with establishing a workable mechanism for fellow democracies to enforce the “terror” judgments of American courts, one reason that is often raised by critics is the strong objection to the matter of American …
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
University of Massachusetts Law Review
This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …
"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin
"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin
University of Massachusetts Law Review
September 11, 2001 was surely evil incarnate. But out of the shadows and embers of such devilish devastation, going forward, for society to “endure”‖, let alone “prevail”, a “lasting good” must emerge; an enduring immutable and sustainable commitment to peace and non-violence. And, of course, any “lasting good”‖, however utopian or pragmatic would surely require destruction and eradication of terrorism in all of its diverse incarnations; the eradication and destruction of the machinery of terrorism wherever it is found. Long range, it must be the goal, aspiration and belief that out of the seeds and memory of 9/11 there might …
Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary
Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary
University of Massachusetts Law Review
The introduction to the issue discusses the history of UMass Law Review and its contribution to legal scholarship.
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 …
Tax Reform Proposals On A Gift Tax On The Transfer Of Property By Nonresidents, Daze Swift Lee
Tax Reform Proposals On A Gift Tax On The Transfer Of Property By Nonresidents, Daze Swift Lee
University of Massachusetts Law Review
This Note raises taxation issues pertaining to a gift tax on the transfer of property by nonresidents under current United States tax rules. It further illustrates patterns and trends to evade a gift tax using transaction maneuvers. These issues are defined in three categories: a gift tax on the transfer of property situated only within the United States by a nonresident, no gift tax on the transfer of intangible assets, and transferee liability. In response to such issues, this Note calls for corresponding proposals to resolve gift taxation problems. It proposes that a gift tax should be imposed on the …
Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi
Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi
University of Massachusetts Law Review
Despite immigration law’s notorious complexity, public debate on immigration reform has historically ignored basic questions of why and how the current laws should be simplified. Instead, discussion has often focused on substantive proposals—most commonly regarding legalization and border enforcement—without reference to the impact of these proposals on the legal immigration structure. This article emphasizes that any durable immigration reform must take steps to free the immigration system from the intricacies that define it today. The article begins by overviewing the basic features of the modern global economy, their implications for immigration law, and why these implications compel an immigration system …
Regulating Jolly Roger: The Existing And Developing Law Governing The Classification Of Underwater Cultural Heritage As "Pirate-Flagged", Peter Hershey
University of Massachusetts Law Review
This article explores the existing law governing Underwater Cultural Heritage (UCH) which is classified as “pirate-flagged.” First, this article discusses the discovery of the Whydah Galley, an 18th century slave trader vessel, which was captured by pirate Captain Samuel Bellamy and transformed into the flagship of his pirate fleet, and the subsequent discoveries of additional “pirate-flagged” shipwrecks, including the international regulatory scheme governing ownership of the property on these sunken vessels. This article discusses both 20th century international conventions which define piracy and historic case law which clarifies these definitions. Then, the article analyzes both the early American and contemporary …
Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, Daniel L. Nagin
Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, Daniel L. Nagin
University of Massachusetts Law Review
Drawing primarily on policy considerations, social science research, and the relevant statutory and doctrinal frameworks within veterans benefits law, this article argues that Congress should subject the U.S. Department of Veterans Affairs (VA) to a clear and enforceable deadline for making initial eligibility determinations on claims for service-connected compensation. Despite widespread media coverage of delays in VA’s adjudication system and countless oversight hearings and congressional proposals for reform, this simple idea – to impose a hard deadline upon VA has either been overlooked entirely or drowned out by a preoccupation with other types of legislative responses to the VA claims …
William Pincus: A Life In Service -- Government, Philanthropy & Legal Education, J.P. "Sandy" Ogilvy
William Pincus: A Life In Service -- Government, Philanthropy & Legal Education, J.P. "Sandy" Ogilvy
University of Massachusetts Law Review
This article memorializes the life and accomplishments of William “Bill” Pincus. The article brings the reader through Mr. Pincus’s career accomplishments, from his humble beginnings in New York City, to his impressive career in civil service, culminating in his work with the Ford Foundation and the Council on Legal Education for Professional Responsibility (CLEPR), where he spearheaded reforms in legal education. Mr. Pincus’s efforts were critical in establishing clinical legal education, drawing from his experiences both in law and government. Much of this article is derived from interviews of Mr. Pincus, conducted by the author, and provides an unprecedented insight …
Advancing Justice, James F. Freeley Iii
Advancing Justice, James F. Freeley Iii
University of Massachusetts Law Review
The foreword to volume 10, issue 1 of the UMass Law Review.