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Full-Text Articles in Law

Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long Jul 2019

Cotten V. Wilson: Toward A New Approach In Negligence Cases Involving Suicide, Alex B. Long

Scholarly Works

No abstract provided.


Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine Jun 2019

Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine

University of Massachusetts Law Review

The United States is in a state of conflict over the ability to obtain firearms as well as their use in highly publicized mass shootings. On December 14, 2012, Adam Lanza obtained several firearms that were lawfully owned by his mother, but were improperly secured. Lanza killed his mother that morning and then drove a short distance to the Sandy Hook Elementary School in Newtown, Connecticut where he murdered twenty-six people, many of whom were small children. Lanza eventually turned a gun on himself before being confronted by responding officers. Though mass shootings are often headlines in this country, the …


The Innocent Villain: Involuntary Manslaughter By Text, Charles Adside Iii Apr 2019

The Innocent Villain: Involuntary Manslaughter By Text, Charles Adside Iii

University of Michigan Journal of Law Reform

Michelle Carter’s texts instructing her mentally ill online boyfriend to commit suicide offended the social moral code. But the law does not categorize all morally reprehensible behavior as criminal. Commonwealth v. Carter is unprecedented in manslaughter law because Carter was convicted on the theory that she was virtually present as opposed to physically present—at the crime scene. The court’s reasoning is expansive, as the framework it employs is excessively vague and does not provide fair notice to the public of which actions constitute involuntary manslaughter. Disturbingly, the Massachusetts Supreme Judicial Court affirmed the trial court’s logic. This Article concludes that …


The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa Jan 2019

The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa

Journal Articles

In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only 15 months. The conviction was unprecedented in imposing homicide liability for verbal encouragement of apparently voluntary suicide. Yet if Carter killed, her purpose that Roy die arguably merited liability for murder and a much longer sentence. This Article argues that our ambivalence about whether and how much to punish Carter reflects suicide’s dual character as both a harm to be prevented and a choice to be respected. As such, the Carter case requires us …


Shielding The Youth: Implementing Mindful Meditation In Public Schools To Reduce The Rising Rates Of Suicide And Depression Amongst Children, Teens And Young Adults, Keaton Maurer Jan 2019

Shielding The Youth: Implementing Mindful Meditation In Public Schools To Reduce The Rising Rates Of Suicide And Depression Amongst Children, Teens And Young Adults, Keaton Maurer

Valparaiso University Law Review

No abstract provided.


Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson Jan 2019

Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson

Touro Law Review

No abstract provided.


Abolishing The Suicide Rule, Alex B. Long Jan 2019

Abolishing The Suicide Rule, Alex B. Long

Northwestern University Law Review

Suicide is increasingly recognized as a public health issue. There are over 40,000 suicides a year in the U.S., making suicide the tenth-leading cause of death in the country. But societal attitudes on the subject remain decidedly mixed. Suicide is often closely linked to mental illness, a condition that continues to involve stigma and often triggers irrational fears and misunderstanding. For many, suicide remains an immoral act that flies in the face of strongly held religious principles. In some ways, tort law’s treatment of suicide mirrors the conflicting societal views regarding suicide. Tort law has long been reluctant to permit …


Abolishing The Suicide Rule, Alex B. Long Jan 2019

Abolishing The Suicide Rule, Alex B. Long

Scholarly Works

Suicide is increasingly recognized as a public health issue. There are over 40,000 suicides a year in the U.S., making suicide the tenth-leading cause of death in the country. But societal attitudes on the subject remain decidedly mixed. Suicide is often closely linked to mental illness, a condition that continues to involve stigma and often triggers irrational fears and misunderstanding. For many, suicide remains an immoral act that flies in the face of strongly held religious principles. In some ways, tort law’s treatment of suicide mirrors the conflicting societal views regarding suicide. Tort law has long been reluctant to permit …