Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law Dec 2018

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


F18rs Sgfb No. 2 (Nsslha Conference), Johnathon Price Oct 2018

F18rs Sgfb No. 2 (Nsslha Conference), Johnathon Price

Student Senate Enrolled Legislation

No abstract provided.


Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs Sep 2018

Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs

Articles

Throughout the United States, escalating drug prices are putting immense pressure on state budgets. Several states are looking for ways to push back. Last year, Massachusetts asked the Trump administration for a waiver that would, among other things, allow its Medicaid program to decline to cover costly drugs for which there is limited or inadequate evidence of clinical efficacy. By credibly threatening to exclude such drugs from coverage, Massachusetts hoped to extract price concessions and constrain the fastest-growing part of its Medicaid budget.


The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos Aug 2018

The Effect Of Proposed Changes In Federal Public Charge Policy On Latino U.S. Citizen Children In Massachusetts, Fabián Torres-Ardila, Phillip Granberry, Iris Gómez, Vicky Pulos

Gastón Institute Publications

We estimate the number of U.S.-born Latino children that could be potentially affected by proposed Trump Administration changes greatly expanding the scope of the “public charge” test as a basis for denying noncitizens admission to the U.S. or adjustment to lawful permanent resident status. In addition to reducing family-based immigration, the proposed rule’s association of public benefits with adverse immigration consequences is widely expected to cause a drop in public benefit participation not just by noncitizens but by their U.S. citizen children as well. If this proposed change is implemented, Latino families – which include both noncitizen families and “mixed …


Second Thoughts About Stun Guns, Rene Reyes Jul 2018

Second Thoughts About Stun Guns, Rene Reyes

Washington and Lee Law Review Online

The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility that the statute could pass …


Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi Jun 2018

Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi

University of Massachusetts Law Review

Massachusetts proudly boasts that it has one of the oldest versions of the Attorney’s Oath in the United States. However, the Oath contains phrases that reflect both gender and religious biases. The use of the masculine form within the text, as well as the reference to God, reflect the nation’s history of intolerance and ignorance. These phrases exclude a large portion of the legal community and act as a distraction from the true purpose of an attorney’s oath, which is to remind incoming lawyers of their ethical obligations. This Article focuses primarily on the need for Massachusetts to adopt a …


Massachusetts Has A Problem: The Unconstitutionality Of The Tax Deed, Ralph D. Clifford Jun 2018

Massachusetts Has A Problem: The Unconstitutionality Of The Tax Deed, Ralph D. Clifford

University of Massachusetts Law Review

The predominant method for collecting delinquent real estate taxes in Massachusetts is the use of the “tax deed” as authorized by Chapter 60, Sections 53-54. Under the authorized procedures, each municipality’s tax collector can execute and record a deed that transfers fee simple title to the real estate to the municipality subject to the taxpayer’s statutorily created redemption right. If the redemption right is or cannot be exercised, all of the taxpayer’s rights in the property, as well as other’s rights created by encumbrances such as mortgages, are terminated by the foreclosure process provided for in the statute. Importantly, the …


The Massachusetts Paid Leave Program: What Workers Can Expect To Pay And Receive, Randy Albelda, Alan Clayton-Matthews Jun 2018

The Massachusetts Paid Leave Program: What Workers Can Expect To Pay And Receive, Randy Albelda, Alan Clayton-Matthews

Publications from the Center for Women in Politics and Public Policy

On June 28, 2018, Massachusetts became only the sixth state in the country to provide partial wage replacement to workers that need to leave work for a serious health condition, the birth of a child, to bond with a new child, or to care for a seriously ill family member. The new law is slated to be implemented in 2019 with payments while on leave to begin in 2021. This brief outlines the key elements of the new Massachusetts paid leave program and discusses the amounts workers at various wage levels will contribute and the level of benefits they will …


Quitting Cold Turkey?: Federal Preemption Doctrine And State Bans On Fda-Approved Drugs, Thomas A. Costello Mar 2018

Quitting Cold Turkey?: Federal Preemption Doctrine And State Bans On Fda-Approved Drugs, Thomas A. Costello

William & Mary Bill of Rights Journal

No abstract provided.


Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo Mar 2018

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo

Chicago-Kent Law Review

When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from …


Amicus Curiae Brief Of The American Civil Liberties Union Of Massachusetts, Massachusetts Law Reform Institute, Pioneer Valley Workers Center, United Food And Commercial Workers Local 1459, University Of Massachusetts Labor Relations And Research Center, And Professor Michael Wishnie In Support Of Plaintiffs-Appellants, William C. Newman, Harris Freeman Jan 2018

Amicus Curiae Brief Of The American Civil Liberties Union Of Massachusetts, Massachusetts Law Reform Institute, Pioneer Valley Workers Center, United Food And Commercial Workers Local 1459, University Of Massachusetts Labor Relations And Research Center, And Professor Michael Wishnie In Support Of Plaintiffs-Appellants, William C. Newman, Harris Freeman

Faculty Scholarship

This Amicus Curiae Brief is filed on behalf of the American Civil Liberties Union of Massachusetts, Massachusetts Law Reform Institute, Pioneer Valley Workers Center, United Food and Commercial Workers Local 1459, University of Massachusetts Labor Relations and Research Center, and Professor Michael Wishnie in Support of Plaintiffs-Appellants, Arias-Villano v. Chang & Son Enters., 481 Mass. 625 (2019).