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Articles 1 - 30 of 39
Full-Text Articles in Law
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington
University of Massachusetts Law Review
There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.
State Sovereign Immunity And Intellectual Property: An Evaluation Of The Trademark Remedy Clarification Act’S Attempt To Subject States To Suit In Federal Courts For Trademark Infringements Under The Lanham Act, Jennifer L. Fessler
University of Massachusetts Law Review
There are two things that can be learned from this paper. First, the analytical framework developed by the Court in City of Boerne is a stringent test that has considerably narrowed Congress’s ability to abrogate state’s Eleventh Amendment immunity through legislation. Second, only half of the battle was won when Congress enacted the Trademark Remedy Clarification Act. Although it met the new requirements the Court placed on legislative efforts in Atascadero, it is not able to meet the requirements that were later set forth in Seminole Tribe. The Rehnquist Court’s holdings indicate the Court’s active pursuit of state’s …
The Veterans Clinic And Legal Education: A Conversation With Professor Steven Berenson, Steven Berenson, Paul Lee
The Veterans Clinic And Legal Education: A Conversation With Professor Steven Berenson, Steven Berenson, Paul Lee
University of Massachusetts Law Review
This Article is a conversation between Professor Berenson and the UMass Law Review, discussing both his experience setting up the Clinic and the Clinic’s achievements. Part II provides a brief introduction to Professor Berenson’s work and how he started the TJSL Veterans Clinic. Part III considers veterans particular legal needs and how the Clinic addresses these issues. The Article concludes with some remarks from Professor Berenson regarding the future of the Clinic, and the overall movement of law schools toward greater practical education.
Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa
Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa
University of Massachusetts Law Review
This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand …
The Case For Extending Pretrial Diversion To Include Possession Of Child Pornography, Sarah J. Long
The Case For Extending Pretrial Diversion To Include Possession Of Child Pornography, Sarah J. Long
University of Massachusetts Law Review
Pretrial diversion removes offenders with a low-risk of reoffending from the penal system and instead sends them to supervised treatment programs. The result is lower cost to the state and a second chance for those who successfully complete the program. Typically, violent crimes, such as murder and attempted murder, are exempt from pretrial diversion. Notably, sex related crimes are also ineligible in all jurisdictions. By excluding all sex-related crimes from pretrial diversion, possession of child pornography is adjudicated by the courts. As a result, young, first-time offenders who may be candidates for treatment are bundled with physical offenders, members of …
Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Touro Law Review
No abstract provided.
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
Involuntary Cotenants: Eminent Domain And Energy And Communications Infrastructure Growth, Andrew P. Morriss, Roy Brandys, Michael M. Barron
LSU Journal of Energy Law and Resources
No abstract provided.
Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas
Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas
Georgia Journal of International & Comparative Law
No abstract provided.
Intuitive Planning, Emily M. Morris
Shareholder Liability In Nova Scotia Unlimited Companies, Mohamed F. Khimji
Shareholder Liability In Nova Scotia Unlimited Companies, Mohamed F. Khimji
Dalhousie Law Journal
Unlimited Companies incorporated under the Nova Scotia Companies Act (NSULCs) have, in recent decades, become recognized as tax efficient forms of business organizations. NSULCs differ from conventional business corporations in that their shareholders are exposed to liability for corporate obligations under the enabling legislation. This paper attempts to provide an analysis of the precise nature of unlimited liability faced by shareholders in such entities in response to recent bankruptcy litigation in the U.S. that raised the issue of the relationship between a shareholder's liability for a debt of the firm under the enabling legislation and under a contractual guarantee provided …
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja
Earned Income Tax Credit Portability: Respecting The Autonomy Of American Families, Mary Leto Pareja
West Virginia Law Review
No abstract provided.
Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard
Narrowing The Scope Of Judicial Review For Humanitarian Appeals Of Deportation Orders In Canada, New Zealand And The United States, Timothy Philip Fadgen, Guy Charlton, Mark Kielsgard
Journal of Public Law and Policy
The paper will compare the humanitarian and compassionate appeal provisions in relevant immigration law allowed to deportees in Canada, New Zealand and the United States. It argues that while recent changes in each of the countries have preserved the humanitarian appeals process, the basis of the appeal and judicial review have been dramatically narrowed by changes in legislation and case law. These changes have particularly limited the scope of judicial review and the ability of the courts to overturn administrative decisions regarding the fitness of an applicant to benefit from the appeal provisions.
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
Journal of Dispute Resolution
This legislative analysis will look to conflict and dispute resolution in schools, along with how that conflict has been traditionally managed. Next, this article will examine some of the benefits that can be achieved by implementing forms of alternative dispute resolution in schools and the limitations to these benefits. Finally, this article will focus on the legislative response to the ever-present epidemic of conflict in our schools, including recent pieces of legislation in Louisiana and Massachusetts.
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
Indiana Journal of Global Legal Studies
China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental …
Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii
Preemption And United States V. South Carolina: Undermining Our Nation's Border And The Constitution's Border Between State And Federal Sovereignty, George E. Campsen Iii
South Carolina Law Review
No abstract provided.
Financial Disclosures And Fist-Fighting: Disorderly Behavior In The South Carolina General Assembly, Noah Glen Allen
Financial Disclosures And Fist-Fighting: Disorderly Behavior In The South Carolina General Assembly, Noah Glen Allen
South Carolina Law Review
No abstract provided.
Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis
Affirmative Action In Brazil: Its Recent Developments And The Argument For A Narrow Federalism Doctrine, Thomas W. Davis
University of Miami Race & Social Justice Law Review
No abstract provided.
United States V. Martignon, Maureen A. Fitzgerald
United States V. Martignon, Maureen A. Fitzgerald
Touro Law Review
No abstract provided.
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
University of Richmond Law Review
No abstract provided.
Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay
Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay
University of Massachusetts Law Review
This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.
Anaerobic Digestion As A Renewable Energy Source And Waste Management Technology: What Must Be Done For This Technology To Realize Success In The United States?, Blake Anthony Klinkner
Anaerobic Digestion As A Renewable Energy Source And Waste Management Technology: What Must Be Done For This Technology To Realize Success In The United States?, Blake Anthony Klinkner
University of Massachusetts Law Review
Anaerobic digestion technology uses microorganisms to consume waste and produce methane gas, which serves as a source of clean renewable energy. Although anaerobic digestion is widely used for both purposes throughout the rest of the world, it is rarely applied in the United States. This Article explains the scientific processes of anaerobic digestion. It then discusses how anaerobic digestion has been used throughout history and among societies as a waste management technology and source of renewable energy. The Article continues by addressing the legal aspects of anaerobic digestion, examining the reasons why it is not widely used in the United …
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 …
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Common Resource Or Private Right: Contested Claims To Seaweed In 19th Century Prince Edward Island, Rusty Bittermann, Margaret Mccallum
Dalhousie Law Journal
In the nineteenth century, before farmers could purchase inexpensive chemical fertilizers, farmers on Prince Edward Island looked to the sea and the shore for nutrients to add to their soils. When disputes over who had the right to gather seaweed led to litigation, judges ruled that the owners of property fronting on the shore had the exclusive right to seaweed cast up on the shore, both above and belot, the high water mark. These rulings did little to dispel the popular perception that seaweed, a gift of nature, was a common resource that belonged to the people who collected it. …
Anglo-American Directors' Legal Duties And Csr: Prohibited, Permitted Or Prescribed?, Benedict Sheehy, Donald Feaver
Anglo-American Directors' Legal Duties And Csr: Prohibited, Permitted Or Prescribed?, Benedict Sheehy, Donald Feaver
Dalhousie Law Journal
The interaction between corporate social responsibility (CSR) obligations and directors' legal duties is underexamined. This article addresses that void by examining directors' duties in case law and legislation across the major commonwealth countries and the U.S.A. It provides an analysis of leading cases and examines how they deal with directors' duties, the doctrine of shareholder primacy, corporate legal theory and CSR. The article reviews fiduciary relations and duties and analyzes the directors'duties toexercise power in the best interests of the company as a whole and for proper purposes. The article concludes that CSR is well within the accepted range of …
Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens
Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens
Dalhousie Law Journal
This paper explores the relationship between the public's right to access records in the custody or under the control of the government with the oil and gas industry's need to protect its confidential information from disclosure. Focusing on practical issues, the authors review the law of confidence, the structure of the access to information legislation and related case law, the public policy considerations supporting same, and some of the risks and pitfalls that organizations can avoid if they consider such legislation when interacting with public bodies.
The Payoffs And Pitfalls Of Laws That Encourage Shared Parenting: Lessons From The Australian Experience, Patrick Parkinson
The Payoffs And Pitfalls Of Laws That Encourage Shared Parenting: Lessons From The Australian Experience, Patrick Parkinson
Dalhousie Law Journal
A fierce argument is raging in various jurisdictions around the world about whether legislation should encourage shared parenting when mothers and fathers live apart. Much attention has been paid to changes to the law in Australia in 2006; however, there are many myths about the impact of those legislative changes. This article explains the changes and places them in the context of developments across the western world in the law of parenting after separation. It then reviews the research evidence on the effects of the 2006 reforms, particularly in terms of the encouragement of shared care. The article concludes by …