Suffolk University Law Review
- More than an Athlete: The Student-Athlete Compensation Debate and Its Potential Tax Consequences on the NCAA.
- Selling consumers not lists: the new world of digital decision-making and the role of the Fair Credit Reporting Act.
- Massachusetts standing laws and zoning appeals: standing on shaky ground after Kenner v. Zoning Board of Appeals.
- Criminal law - expert testimony not required to distinguish pornographic images of real children from virtual children - United States v. Wilder.
- The pendulum swings: federalization of corporate law and its effects on the American capital markets.
- Federal civil procedure - government may intervene and invoke state secrets privilege for defendant company that allegedly assisted CIA - Mohamed v. Jeppesen Dataplan, Inc.
- Civil Procedure - Ninth Circuit focuses on importance of subsidiary rather than control to impose general jurisdiction over foreign corporation - Bauman v. DaimlerChrysler Corp.
- Fatherhood and equality: reconfiguring masculinities.
- Cybersecurity reform in the wake of the OPM breach.
- Securities market integration in Asia: what would be the theoretical approach?
- Fertile ground for corruption: implementing the Foreign Corrupt Practices Act in the fragmented state of Afghanistan.
- Do Not Collect $200: The Power of Patent Monopolies and the Ramifications on Pharmaceutical Startups and Innovation.
- Batson Fails Again: How the Resurgence of Black Lives Matter Highlights the Ease of Bypassing the Race-Neutral Requirement and Proposed Modifications to Refine the Standard.
- When Can the Police Lie? The Limits of Law Enforcement Officers' Use of Deception in Obtaining Consent to Search a Home.
- Bare-naked ladies (and gentlemen): analyzing protection of nude protesting under the First Amendment and state constitutions.
- If the shoe fits: sizing up the applicability of IvI exclusions to the FDIC.
- The promise principle and contract interpretation.
- Nulla poena sine lege in China: rigidity or flexibility?
- A Deferential Crisis: The Board of Immigration's Chevron Struggle Concerning Refugee Principles.
- Is Lightning McQueen Liable? A Review of Civil Liability Standards Among Autonomous Vehicle Manufacturers and Drivers.
- Two for the T, three for you and me: the MBTA's exception to the three-year statute of limitations.
- Arbitration law - Second Circuit holds Section 7 of the Federal Arbitration Act does not permit arbitration panels to issue prehearing document subpoenas to nonparties - Life Receivables Trust v. Syndicate 102 at Lloyd's of London.
- Transsexual prisoners and the Eighth Amendment: a reconsideration of Kosilek v. Spencer and why prison officials may not be constitutionally required to provide sex-reassignment surgery.
- Notes on 'Minority Report'.
- War and justiciability.
- Gene patents: the controversy and the law in the wake of Myriad.
- An unexpected friend: liberalism's response to corporate political spending.
- Are the courts developing a unique theory of limited liability companies or simply borrowing from other forms?
- CEO, CFO, COO ... cube dweller? Attorney-client privilege and corporate communication: whose communications should Massachusetts law protect?
- Does the SEC rule the job creation roost? Squaring SEC rulemaking with the JOBS Act's relaxation of the prohibition against general solicitation and advertising.
- Overdosing on authority: negative side effects of the FDA's proposal for generic label changes may include increased costs and liabilities.
- Forget Me Not: Exploring American Death Penalty Jurisprudence and Dementia in Light of Madison v. Alabama.
- Educating workers about labor rights and global wrongs through documentary film.
- The revolutionary portfolio: constitution-making and the wider world in the American Revolution.
- Promissory autonomy, imperfect courts, and the immorality of the expectation damages default.
- Abuse of diplomatic immunity in family courts: there's nothing diplomatic about domestic immunity.
- Forward to states in the vanguard: protecting consumers during the financial crisis.
- How concerned should we be? The conundrum of Kiobel's touch and concern test and corporate liability under the Alien Tort Statute.
- Free the Books: A Review of Public School Students' First Amendment Rights in the Wake of Book Removals from School Libraries.
- Indefinite detention after Boumediene: judicial trailblazing in uncharted and unfamiliar territory.
- The thirteenth stroke: an approach to "ultimate authority" after Janus.
- It doesn't matter what they intended: the need for objective permissibility review of police-created exigencies in "knock and talk" investigations.
- Constitutional law.
- Virtue ethics and efficient breach.
- Administrative law.
- The Boston Waterfront and the Public Trust Doctrine: The Eroding Public Interest in Tidelands.
- The EEZ solution to striper management: why the federal government should ban the commercial harvest of striped bass once and for all.
- Restating the restatement of conflicts: approaching the legitimacy question in choice-of-law theory.
- Live Tax Free or Die: The Increase in Telecommuting and Need for a Federal Uniform State Tax Regulation After New Hampshire v. Massachusetts.
- The freedom to be "converted"? An analysis of the First Amendment implications of laws banning sexual orientation change efforts.
- Equity run amuck: the necessary reevaluation of the preliminary injunction standard to reflect modern day legal realities - a comparison of the Massachusetts and Delaware noncompete agreement preliminary injunction standard.
- Administrative Law - Fifth Circuit Vacates Securities and Exchange Commission's Rule Rescission as Arbitrary and Capricious - National Association of Manufacturers v. U.S. Securities and Exchange Commission, 105 F.4th 802 (5th Cir. 2024).
- Beyond cherry-picking: selection criteria for the use of foreign law in domestic constitutional jurisprudence.
- Constitutional Law - Ninth Circuit Strikes Down Licensing Law in Favor of Second Amendment Right to Open Carry - Young v. Hawaii.
- The Fourth Amendment and the intuitive relationship between child molestation and child pornography crimes.
- The role of non-governmental organizations (NGOS) in combating corruption: theory and practice.
- Choosing a home: when should children make autonomous choices about their home life?
- The Special Benefits of Open Space Conservation: Financing Open Space with Special Assessments.
- The constitutional protection of information in a digital age.
- The Pragmatic Justifications for Extending Additional Statutory Protection to Animals.
- Yes, this phone records audio! The case for allowing surreptitious citizen recordings of public police encounters.
- Plurality decisions in the Supreme Court of the United States: a reexamination of the Marks doctrine after Rapanos v. United States.
- Constitutional review in China: an unaccomplished project or a mirage?
- Evidence - admission of autopsy reports and surrogate testimony of medical examiners does not violate Confrontation Clause - United States v. James.
- Cyber law - dismissing employer's claim under the CFAA against former employees who allegedly misappropriated trade secrets.
- The equitable dimension of contract.
- Criminal Procedure: Judicial Error on Motion to Suppress Involving Traffic Stop and Vehicle Search and Seizure - Commonwealth v. Tavares.
- Copying copyright's willful infringement standard: a comparison of enhanced damages in patent law and copyright law.
- Serious emotional disturbances: children's fight for community-based services through Medicaid litigation.
- A change of Hart: an argument favoring the transformative use test in right-of-publicity cases.
- The need for compromise: introducing Indian gaming and commercial casinos to Massachusetts.
- Does the Shoe Fit? Why the Intracorporate Conspiracy Doctrine Should Apply to Conspiracy Claims Brought Under RICO.
- Two Approaches to Equality, with Implications for Grutter.
- Planned Parenthood, nonprofit marketization, and law school employment-placement statistics: how three seemingly unrelated topics could potentially expand the scope of Chapter 93A of the Massachusetts General Laws.
- Defunding the Prosecution.
- To Lift a Dark Cloud: The Insular Cases' Stubborn Vitality, Their Place in Civil Rights Law, and the Need to Overrule Them.
- The Process-Based Approach to Cross-Examination in Administrative Proceedings.
- Undocumented and Unsettled? The Impact of Immigration Status on the Well-Settled Defense of the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
- Constitutional law - Fourth Circuit applies intermediate scrutiny to Second Amendment challenge - Woollard v. Gallagher.
- 'Tis enough, 'twill serve: defining physical injury under the Prison Litigation Reform Act.
- The Federalist Papers, the Commerce Clause, and federal tort reform.
- Constitutional law - constitutional rights of parents do not require showing of unfitness in third party cases.
- The Pension Protection Act of 2006: is it too late to save traditional pension plans?
- Let's be frank: the future direction of controlling person liability remains uncertain.
- The politics of law and film study: an introduction to the symposium on legal outsiders in American Film.
- Labor and employment law - a deferential standard for administrators within a statute meant to protect workers.
- "When numbers get serious": a study of plain English usage in briefs filed before the New York Court of Appeals.
- Detention and interrogation in the post-9/11 world?
- The Red Tape Curtain: Procedural Requirements for Requests for Alternative Execution Method Shrouding Reevaluation of the Constitutionality of the Death Penalty.
- The Final Countdown: Using Resentencing as Final Judgment in the Post-AEDPA Era.(Antiterrorism and Effective Death Penalty Act of 1996)
- Probabilistic Causation in the Loss of Chance Doctrine: A Comment on Efficiency and Error Mitigation.
- As Montville, Maine goes, so goes Wolcott, Vermont? A primer on the local regulation of genetically modified crops.
- Responsible Gunmakers: How a New Theory of Firearm Industry Liability Could Offer Justice for Mass Shooting Victims.
- Vermont vs. the patent troll: is state action a bridge too far?
- The star-spangled chamber: the venire's role in satisfying the Sixth Amendment to the United States Constitution.
- You're asking the wrong question - the effect of a licensor's rejection on the trademark license.
- Delaying Puerto Rican Self-Determination: How the Contradictory Mandates of Public Law 600 and PROMESA Undermine America's Founding Principle.
- Patent Law - Substantially Equivalent Disclosure Sufficient to Satisfy Written Description Requirement for Non-Operative Features - Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories FL, Inc.
- Constitutional Law--Qualified Immunity Improperly Shields Officer Who Ignored Exculpatory Evidence in Prolonging Investigatory Stop from Liability.(Pollreis v. Marzolf, 9 F.4th 737 (8th Cir. 2021))
- Constitutional law - diminished expectations of privacy and the human genome: circuits align on mandatory DNA profiling of convicted felons.
- The Legacy of Shelby County: Brnovich and the Supreme Court's Ideological Struggle to Find a Standard for Vote-Deprivation Challenges to Section 2 of the Voting Rights Act.
- Transcending Sex: Protecting Transgender Access Through Federal Intervention.
- Cocktails on campus: are libations a liability?
- Patent law - first-sale doctrine does not extinguish patentee's rights in self-replicating organisms - Bowman v. Monsanto Co.
- Business law.
- Prophylactic rules and state constitutionalism.
- In the cause of union democracy.
- Through the looking glass: status liability and the single member and series LLC perspective.
- Making our work work.
- Keeping Laches: the loss of the Laches Defense in copyright infringement cases does not mean depriving patent attorneys of the time-honored defense.
- The Holmesian bad man flubs his entrance.
- Criminal procedure.
- Criminal law - Supreme Judicial Court of Massachusetts fails to require statistical analysis for nonexclusion DNA test results.
- The great standby rate debate: analysis of a key barrier to the influx of needed new alternative energy sources.
- Ab(ju)dication: how procedure defeats civil liberties in the "War on Terror".
- Selfie-informed voting: how the ballot selfie contributes to rational ignorance.
- Constitutional law - state-funded use of religious facilities for public high school ceremonies violates the establishment clause.
- In memoriam: Honorable John E. Fenton, Jr., a teacher and friend extraordinaire.
- When rape isn't like combat: the disparity between benefits for post-traumatic stress disorder for combat veterans and benefits for victims of military sexual assault.
- From trash to treasure: converting America's contaminated land into renewable energy havens.
- GPS tracking, police intrusion, and the diverging paths of state and federal judiciaries.
- A new structured rule of reason approach for high-tech markets.
- What the founders did not see coming: the fourth amendment, digital evidence, and the plain view doctrine.
- Constitutional Law - Eighth Circuit permits broad protective sweep during execution of arrest warrant inside suspect's home - United States v. Green.
- Delegating the Administration of Justice: The Need to Update the Federal Arbitration Act.
- A recipe for mistaken convictions: why federal rule of evidence 403 should be used to exclude unreliable eyewitness-identification evidence.
- Labor and employment law - First Circuit upholds Department of Labor's broad construction of the FMLA.
- Frisky business: adapting New York City policing practices to ameliorate crime in modern day Chicago.
- Morse v. Frederick one year later: new limitations on student speech and the "Columbine factor".
- Evidence - withholding original documents and producing copies for trial constitutes spoliation warranting adverse inference.
- Uncommon Allies: Bridging the Gap Between Auer Deference and the Rule of Lenity in Criminal Cases.
- A New Approach to Housing: Changing Massachusetts's Chapter 40R from an Incentive to a Mandate.
- Criminal law - First Circuit denies double-intent requirement for Internet enticement of minors - United States v. Dwinells.
- The EU-27, U.S., U.K., and China should dump cap-and-trade as a policy option and adopt a carbon tax with reinvestment to reduce global emissions.
- Iron River Case: Blueprint for Gun Trafficking Analytics.
- Tax law - U.K. windfall tax constitutes U.S. income tax under I.R.C. 901(b)(1) - PPL Corp. v. Commissioner.
- Labor and employment law - uncertainty over burden of proof for mixed motive employee discharge.
- Tort Law - First Circuit declares widespread publicity triggers claim accrual under Federal Tort Claims Act - Donahue v. United States.
- Constitutional law - Third Circuit holds First Amendment protects off-campus internet speech from school discipline - Layshock ex rel. Layshock v. Hermitage School District.
- Michael Clayton, Hollywood's contemporary hero-lawyer: beyond outsider within and insider without.
- Living Deadwood: imagination, affect, and the persistence of the past.
- Legislation is necessary for deferred prosecution of corporate crime.
- Calling the Shots: Authorizing Child Welfare Departments to Vaccinate Foster Care Children Despite Parental Objections.
- Oil and water: how the polluted wake of the Exxon Valdez has endangered the essence of punitive damages.
- Recognizing the Need for Excluding Employment Contracts: A Proposal to Amend the Federal Arbitration Act.
- The new federalization movement and the Roberts Court.
- The sword and shield of social networking: harming employers' goodwill through concerted Facebook activity.
- The First Amendment and the mind/body problem.
- Criminal law - First Circuit deems aggravated identity theft statute ambiguous and applies rule of lenity - United States v. Godin.
- Sex, Drugs, and Ballot Measures: An Argument for Massachusetts to Fully Decriminalize Prostitution.
- Constitutional law and criminal procedure.
- Where angels fear to tread: Islamic arbitration in probate and family law, a practical perspective.
- Do promises distinguish contract from tort?
- Where good intentions go bad: redrafting the Massachusetts cyberbullying statute to protect student speech.
- Tender Offers: Whether Section 14(e) of the Williams Act No Longer Implies a Private Right of Action.
- The Establishment Clause: The Lemon and Marsh Conflict, Where Lund and Bormuth Leave Us, and the Constitutionality of Exclusive, Legislator-Led Prayer.
- The Price of Diversity: Rent Control and Desegregation of Urban Areas.
- Adapting credit scores to evolving consumer behavior and data.
- Criminal law - First Circuit upholds restitution order without requiring evidence of defendant's causal contribution to victim's losses - United States v. Kearney.
- Corporate law - primary-violator liability under 10(b) applies to outside business partners in suits brought by shareholders - Simpson v. AOL Time Warner, Inc.
- Comparing the strike zones of "three strikes and you're out" laws for California and Georgia, the nation's two heaviest hitters.
- Why the License? A Constitutional Perspective on the Conflict Between State Foster Parent Licensing Policies and the First Amendment's Free Exercise Clause.
- Criminal Law - First Circuit holds federal courts lack jurisdiction to expunge criminal records on equitable grounds.
- Constitutional Law - Court of International Trade holds Article III standing not required to intervene in existing litigation - Canadian Wheat Board v. United States.
- Securities law - First Circuit limits scope of "safe harbor" disclosure loophole under misappropriation theory of insider trading.
- Employment law.
- Drawing a Line in the Sand: Assessing the Trump Administration's Interpretation of Both Congressional Trade Legislation and Judicial Trade Precedent.
- Constitutional law - search-incident-to-arrest exception to prohibition against warrantless searches inapplicable to cell phone searches - Smallwood v. State.
- Military law.
- Charting a course: how courts should interpret course of dealing in a battle-of-forms dispute.
- Client files and digital law practices: rethinking old concepts in an era of lawyer mobility.
- Antitrust law - rejecting the "scope of the patent" test in analysis of reverse payments in pharmaceutical industry.
- Chapter 40B should buy the farm.
- Judicial review, judicial activism, queer rights, and literature: a conversation between the honorable Michael Kirby and Professor Ruthann Robson.
- Cities, Free Speech, and Confederate Statues.
- The "PEAC" of digital estate legislation in the United States: should states "like" that?
- Criminal procedure - Supreme Judicial Court delineates method for application of forfeiture to indigent criminal defendant - Commonwealth v. Means.
- Amazon Marketplace and Third-Party Sellers: The Battle over Strict Product Liability.
- Open the Floodgates: Ninth Circuit's Decision in Varjabedian Departs from Precedent and Gives Shareholders Free Reign.
- The legal nocturne.
- The Common Law as a Guide to State Constitutional Interpretation.
- Patent Law - 35 U.S.C. s. 271(g) Does Not Impose Single-Entity Requirement - Syngenta Crop Protection, LLC v. Willowood, LLC.
- Miscarriage of justice: appellate review of unpreserved constitutional objections to the admission of evidence in Massachusetts.
- Administrative law - First Circuit decides qualified federal law enforcement privilege outweighs state's prerogative to enforce criminal code.
- Criminal procedure.
- Forgotten trust: a check-the-box Achilles' heel.
- Sticker shock at the pump: an evaluation of the Massachusetts petroleum price-gouging regulation.
- Lighten up: should Massachusetts implement a smoking surcharge for state employees?
- Locked Out or Locked Up: The Need for New Guidelines for Compelled Decryption.
- Limited liability companies at 20.
- Rationed justice.
- The finger in the dike: state and local laws combat the foreclosure tide.
- "Weighting" for protection in Massachusetts: the myth of equal opportunity in employment.
- The Need to Reform Abusive Contracts For Internet Connected Toys.
- Earning Virtual Responsibility: Raising the Level of Accountability for Interactive Computer Service Providers Due to User-Generated Trafficking.
- Intellectual property law.
- An introduction to the legal profession in China in the year 2008.
- The Gramm-Leach-Bliley Act of 1999: a bridge too far? Or not far enough?
- Tort law.
- Lost chances, felt necessities, and the tale of two cities.