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Articles 1 - 11 of 11
Full-Text Articles in Law
"A" For Effort: Evaluating Recent State Education Reform In Response To Judicial Demands For Equity And Adequacy, Erin E. Buzuvis
"A" For Effort: Evaluating Recent State Education Reform In Response To Judicial Demands For Equity And Adequacy, Erin E. Buzuvis
Faculty Scholarship
In this Note, the Author examines measures recently enacted by New Hampshire and Vermont in response to judicial mandates for education reform. By implementing district reform measures in demographically similar environments, the reform efforts of these two states provide a valuable perspective from which to examine the education finance reform. Evaluating the experiences of these two New England states, as well as those of other states committed to education finance reform, the author contends that successful reform measures must incorporate elements of both equity and adequacy. Specifically, the Author proposes that both states' implementation of a statewide property tax is …
Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn
Transforming The Debate: Why We Need To Include Transgender Rights In The Struggles For Sex And Sexual Orientation Equality, Taylor Flynn
Faculty Scholarship
The Author observes that sex and sexual orientation equality jurisprudence is premised upon the traditional understanding of "sex" as determined by anatomy at birth. The presumption typically following from this reduction of sex to anatomy is the notion that certain gendered attributes are inherent in biological male- or femaleness. The Author asserts that these erroneous and unduly narrow views significantly hamper courts' ability to address the core of sex and sexual orientation discrimination-hostility based on failure to conform to conventional gender norms. Surveying workplace, public accommodation, asylum, marriage, and custody cases, Flynn explains how conventional jurisprudence fails a wide array …
Affordable Housing In Suburbia: The Importance But Limited Power And Effectiveness Of The State Override Tool, Sam Stonefield
Affordable Housing In Suburbia: The Importance But Limited Power And Effectiveness Of The State Override Tool, Sam Stonefield
Faculty Scholarship
Through this Article the Author offers a brief comparative overview and critique of the four statutes explored at the Western New England College School of Law hosted conference, titled "Increasing Affordable Housing and Mobility in Three New England States and New Jersey: Comparative Perspectives on the Occasion of the Thirtieth Anniversary of the Massachusetts Comprehensive Permit Law." The Author discusses these statutes, which address such major themes as urban decline and suburban growth, racial and economic segregation, and localism versus regionalism. The four state statutes are intertwined with these themes and with other statutes and programs that have helped to …
Rural Low-Income Housing And Massachusetts Chapter 40b: A Perspective From The Zoning Board Of Appeals, Eric J. Gouvin
Rural Low-Income Housing And Massachusetts Chapter 40b: A Perspective From The Zoning Board Of Appeals, Eric J. Gouvin
Faculty Scholarship
The Massachusetts Low and Moderate Income Housing Act ("Act") was enacted in 1969 to promote the construction of lowincome housing in restrictively zoned Massachusetts communities. It seeks to achieve its goal by providing a builder's remedy which, in effect, overrides local zoning ordinances. The local Zoning Board of Appeals ("ZBA"), in deciding whether to issue a Comprehensive Permit under the Act, must evaluate the local and regional need for low-to moderate-income housing and weigh that need against local concerns over health, safety, design, and open space conservation. This Article examines the difficulty of applying the Act in rural towns. First, …
The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin
The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin
Faculty Scholarship
All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …
Intent To Use: A Failed Experiment?, Amy B. Cohen
Intent To Use: A Failed Experiment?, Amy B. Cohen
Faculty Scholarship
When Congress enacted the Trademark Law Revision Act of 1988 ("TLRA"), it made the first truly radical change in trademark law since the passage of the Lanham Act in 1946. By adding Section 1(b) to the Lanham Act allowing applications for federal trademark registration to be based on an intent to use the mark, Congress for the first time provided a way to apply for federal trademark registration before actual use of a trademark. Congress made this change to bring United States law into closer conformity with the practice elsewhere in the world where use is not a prerequisite to …
Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon
Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon
Faculty Scholarship
In this Article, the Author argues that Harlan's religion and its values informed both his personal and his public life. Harlan's close personal friend, Justice Brewer, once commented on Harlan's personal attachment to the two "fundamental" documents in his life: the Bible and the Constitution. Justice Brewer suggested that Harlan had one hand on the Bible, and the other hand on the Constitution when he went to bed every night. Although it is widely known that Harlan was a religious man, only recently has any scholar paid much attention to this fact. No one has fully described the principles of …
Don't Ask Us To Explain Ourselves, Don't Tell Us What To Do: The Boy Scouts' Exclusion Of Gay Members And The Necessity Of Independent Judicial Review, Taylor Flynn
Faculty Scholarship
In Boy Scouts of America v. Dale, the U.S. Supreme Court held by a five to four majority that the Boy Scouts of America is entitled to ban gay persons from membership despite New Jersey's prohibition against sexual orientation discrimination. The Dale majority sharply departed from the Court's long line of expressive association cases, in which it has rejected the claims of private clubs that application of civil rights laws to their membership policies violates their associational rights. This Author argues that by "reading" the plaintiff in Boy Scouts of America v. Dale as a cipher for gay sex, and …
Modeling: Placing Persuasion In Context, Myra G. Orlen
Modeling: Placing Persuasion In Context, Myra G. Orlen
Faculty Scholarship
The Author discusses the use of a contextual model to teach persuasion and its proven success in first year classes at Western New England College School of Law.
Epilogue, Jennifer L. Levi
Epilogue, Jennifer L. Levi
Faculty Scholarship
The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s. In these cases courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. This created that appeared to be a "transgender" exception to sex discrimination law. Earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and …
Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi
Faculty Scholarship
This is the brief for the Plaintiff-Appellant Lucas Rosa v. Park West Bank and Trust Company in the United States Court of Appeals for the First Circuit. This appeal is from a Final Judgment, entered October 18, 1999, that disposed of all claims in the case. This case involves an action brought pursuant to the Equal Credit Opportunity Act and Massachusetts statutes forbidding discrimination in places of public accommodation, and credit, against a bank for refusing to issue and accept a loan application from a bank customer because of the customer's sex.