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Full-Text Articles in Law
How To Expand Rape By Deception And Protect Consent, Ricardo Licea
How To Expand Rape By Deception And Protect Consent, Ricardo Licea
University of Massachusetts Law Review
The trend towards accepting the violation of consent as the underlying wrong addressed by rape law conflicts with the almost universal rejection of rape by deception. Rape by deception is limited to fraud in the factum, however the exclusion of fraud in the inducement finds no support under a consent framework. The principal objections to the expansion of rape by deception are that it will criminalize common behavior, that rape by deception produces only minor harm, and that self-protection is a viable alternative. Analogizing from the criminalization of deception to obtain money shows that the criminal deception statutes need not …
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
University of Massachusetts Law Review
It is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy. …
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
University of Massachusetts Law Review
This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …
Parental Alienation Syndrome: Fact Or Fiction? The Problem With Its Use In Child Custody Cases, Holly Smith
Parental Alienation Syndrome: Fact Or Fiction? The Problem With Its Use In Child Custody Cases, Holly Smith
University of Massachusetts Law Review
Parental alienation syndrome is an alleged disorder that was first coined by Dr. Richard Gardner in 1985. Dr. Gardner defined this alleged syndrome as one that arises primarily in the context of child-custody disputes and involves a child’s unjustified denigration against a parent. Although more than thirty years have passed since parental alienation syndrome was first introduced by Dr. Gardner, it is yet to be recognized or accepted in the medical community. Moreover, there are also legitimate questions concerning the alleged syndrome’s admissibility and reliability as evidence in family law proceedings, and the negative effects parental alienation syndrome poses on …
Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit
Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit
University of Massachusetts Law Review
In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.
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 …
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 …
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.
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
University of Massachusetts Law Review
The practice of bankruptcy law has changed drastically over the last decade. An attorney starting out in the field in 2009 faces different issue than one who began in 1999. However, it’s not just the issues that come up with clients that make the practice so different, but the law of bankruptcy itself has changed. The economic downturn of the last eighteen months has changed the way the public views bankruptcy. The Bankruptcy Reform Act of 2005 and In re Bateman, a case decided in 2008, altered the landscape of bankruptcy practice forever. This article will walk through a …
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
University of Massachusetts Law Review
The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well …
Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado
Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado
University of Massachusetts Law Review
Richard Delgado replies to Dan Subotnik, Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, 8 U. Mass. L. Rev. 332 (2013).
Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot
University of Massachusetts Law Review
This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal …