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.
- Federal civil procedure - government may intervene and invoke state secrets privilege for defendant company that allegedly assisted CIA - Mohamed v. Jeppesen Dataplan, Inc.
- Promissory autonomy, imperfect courts, and the immorality of the expectation damages default.
- Civil Procedure - Ninth Circuit focuses on importance of subsidiary rather than control to impose general jurisdiction over foreign corporation - Bauman v. DaimlerChrysler Corp.
- Cybersecurity reform in the wake of the OPM breach.
- Notes on 'Minority Report'.
- Educating workers about labor rights and global wrongs through documentary film.
- A Deferential Crisis: The Board of Immigration's Chevron Struggle Concerning Refugee Principles.
- Sex, Drugs, and Ballot Measures: An Argument for Massachusetts to Fully Decriminalize Prostitution.
- The equitable dimension of contract.
- The role of non-governmental organizations (NGOS) in combating corruption: theory and practice.
- Constitutional law - Third Circuit holds First Amendment protects off-campus internet speech from school discipline - Layshock ex rel. Layshock v. Hermitage School District.
- Constitutional law - Seventh Circuit applies Ex parte Young doctrine to allow state agency's action against state officials - Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration.
- 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.
- Experience, not logic: adapting spoliation doctrine to the brave new world of digital documents.
- How the SEC's crowdfunding rules for funding portals save the two-headed snake: drawing the proper balance between integrity and cost.
- Constitutional law - First Circuit questions correctional facility's blanket ban on inmate preaching.
- 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.
- Foreshadowing an Inevitable Clash: Criminal Probation, Drug Treatment Courts, and Medical Marijuana.
- How concerned should we be? The conundrum of Kiobel's touch and concern test and corporate liability under the Alien Tort Statute.
- 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.
- Futile Care, Experimental Treatments, and the Right to Try Movement: Could the Charlie Gard Case Happen in America?
- Standing on Weak Legs: How Redressability Has Become the Scapegoat in the Age of Climate Change Litigation.
- The crusade against misleading labels: are manufacturers the protectors of consumer interests?
- Money for nothing, listings for free: constitutional implications of subjecting "for-sale-by-owner" websites to real estate broker licensing statutes.
- Virtue ethics and efficient breach.
- Administrative law.
- The Boston Waterfront and the Public Trust Doctrine: The Eroding Public Interest in Tidelands.
- Medical debt and its relevance when assessing creditworthiness.
- Criminal Law - Permissible Lack-of-Consent Inference Is One Step Forward in Reforming Rape Law in Massachusetts - Commonwealth v. Paige, 177 N.E.3d 149 (Mass. 2021).
- What Justice Requires: Equal Protection Clause Issues with the Massachusetts Supreme Judicial Court's 33E Powers.
- 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.
- Justice delayed is justice denied: wrongful convictions, eyewitness-expert testimony, and recent developments.
- Immigration Law - second drug offense not aggravated felony merely because of possible felony recidivist prosecution - Alsol v. Mukasey.
- What the founders did not see coming: the fourth amendment, digital evidence, and the plain view doctrine.
- 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 current state of digitized images necessitates congressional action to protect authors and content providers from online infringement.
- The constitutional protection of information in a digital age.
- Yes, this phone records audio! The case for allowing surreptitious citizen recordings of public police encounters.
- Tort Law - First Circuit declares widespread publicity triggers claim accrual under Federal Tort Claims Act - Donahue v. United States.
- 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.
- 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.
- Constitutional review in China: an unaccomplished project or a mirage?
- Examining the Veterinary Client-Patient Relationship in the United States: Why the Abolition of the In-Person Examination Requirement Is Warranted.
- If the shoe fits: sizing up the applicability of IvI exclusions to the FDIC.
- 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.
- To Lift a Dark Cloud: The Insular Cases' Stubborn Vitality, Their Place in Civil Rights Law, and the Need to Overrule Them.
- On the new pluralism in contract theory.
- Constitutional Law - Ninth Circuit Strikes Down Licensing Law in Favor of Second Amendment Right to Open Carry - Young v. Hawaii.
- Two Approaches to Equality, with Implications for Grutter.
- Constitutional law - constitutional rights of parents do not require showing of unfitness in third party cases.
- 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.
- 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.
- 'Tis enough, 'twill serve: defining physical injury under the Prison Litigation Reform Act.
- Doing Kimbrough justice: implementing policy disagreements with the federal sentencing guidelines.
- The expectation remedy and the promissory basis of contract.
- "When numbers get serious": a study of plain English usage in briefs filed before the New York Court of Appeals.
- Constitutional law - diminished expectations of privacy and the human genome: circuits align on mandatory DNA profiling of convicted felons.
- Detention and interrogation in the post-9/11 world?
- The Final Countdown: Using Resentencing as Final Judgment in the Post-AEDPA Era.
- Probabilistic Causation in the Loss of Chance Doctrine: A Comment on Efficiency and Error Mitigation.
- Employment law - Title VII does not extend to third-party retaliation claim by fiancee of discrimination claimant - Thompson v. North American Stainless, LP.
- Theories of contract law and enforcing promissory morality: comments on Charles Fried.
- It Is More Than Custody: The Balance Between Parental Intention and the Child's Perspective in Hague Convention Cases.
- Massachusetts standing laws and zoning appeals: standing on shaky ground after Kenner v. Zoning Board of Appeals.
- Securities market integration in Asia: what would be the theoretical approach?
- Criminal law - Supreme Judicial Court of Massachusetts fails to require statistical analysis for nonexclusion DNA test results.
- The promise principle and contract interpretation.
- The revolutionary portfolio: constitution-making and the wider world in the American Revolution.
- Overdosing on authority: negative side effects of the FDA's proposal for generic label changes may include increased costs and liabilities.
- 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.
- Constitutional Law - Court of International Trade holds Article III standing not required to intervene in existing litigation - Canadian Wheat Board v. United States.
- Making our work work.
- Living Deadwood: imagination, affect, and the persistence of the past.
- 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.
- 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.
- Patent law - first-sale doctrine does not extinguish patentee's rights in self-replicating organisms - Bowman v. Monsanto Co.
- Constitutional law - Ninth Circuit upholds constitutionality of felon-in-possession of body armor statute with de minimus jurisdictional element - United States v. Alderman.
- Employment law - Third Circuit denies ERISA whistleblower protection to employee discharged after making unsolicited internal complaint - Edwards v. A.H. Cornell & Son, Inc.
- Business law.
- Prophylactic rules and state constitutionalism.
- In the cause of union democracy.
- Casting new light on a continuing problem: re-considering the scope and protections offered by Massachusetts's Condominium Conversion regulations.
- 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.
- A theory of adjudication: law as magic.
- Resolving the cross-border discovery catch-22.
- "Western" notions of justice: legal outsiders in American cinema.
- The vanishing substance-procedure distinction in contemporary corporate litigation: an essay.
- Won't Somebody Please Think About the Children: "Don't Say Gay" and the Use of Moral Panic to Suppress Dignity.
- Appealability of State Action Immunity: Navigating Federal Courts past the Crossroads Where Parker Immunity Meets the Collateral Order Doctrine.
- Keeping Laches: the loss of the Laches Defense in copyright infringement cases does not mean depriving patent attorneys of the time-honored defense.
- Ending the military's courts of criminal appeals de novo review of findings of fact.
- Contract as meaning: an introduction to "Contract as Promise at 30".
- The Communist Party and the law: an outline of formal and less formal linkages between the ruling party and other legal institutions in the People's Republic of China.
- 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.
- External entities and internal aggregates: a deconstructionist conundrum.
- Internal Revenue Code s. 162(f) and Its Implication on Settlement Agreements Occurring After the Tax Cuts and Jobs Act.
- 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.
- From trash to treasure: converting America's contaminated land into renewable energy havens.
- Where angels fear to tread: Islamic arbitration in probate and family law, a practical perspective.
- Do promises distinguish contract from tort?
- Michael Clayton, Hollywood's contemporary hero-lawyer: beyond outsider within and insider without.
- Where good intentions go bad: redrafting the Massachusetts cyberbullying statute to protect student speech.
- The Price of Diversity: Rent Control and Desegregation of Urban Areas.
- The pendulum swings: federalization of corporate law and its effects on the American capital markets.
- The Establishment Clause: The Lemon and Marsh Conflict, Where Lund and Bormuth Leave Us, and the Constitutionality of Exclusive, Legislator-Led Prayer.
- Tender Offers: Whether Section 14(e) of the Williams Act No Longer Implies a Private Right of Action.
- The Red Tape Curtain: Procedural Requirements for Requests for Alternative Execution Method Shrouding Reevaluation of the Constitutionality of the Death Penalty.
- Adapting credit scores to evolving consumer behavior and data.
- Securities law - First Circuit limits scope of "safe harbor" disclosure loophole under misappropriation theory of insider trading.
- Schools, worship, and the First Amendment.
- Criminal procedure - good-faith exception to exclusionary rule extends to illegal searches based on police recordkeeping errors - Herring v. United States.
- Trademark law.
- Model citizenship: the Supreme Court redefines principal place of business.
- Post-Lexmark: status of prudential standing in patent law.
- Beware the federal government bearing gifts: how the American Recovery and Reinvestment Act of 2009 could become a whistleblowing trojan horse.
- Who is armed, and by what authority? An examination of the likely impact of Massachusetts firearm regulations after McDonald and Heller.
- Contractarianism and its discontents: reflections on unincorporated business organization law reform.
- Foreword.
- Employment law.
- Criminal Law - First Circuit allows guilty plea for misprision to stand under plain error review.
- Constitutional Law - Supreme Court Expands Ministerial Exception to Lay Teachers at Catholic Elementary Schools - Our Lady of Guadalupe School v. Morrissey-Berru.
- The rule of reason after Leegin: reconsidering the use of economic analysis in the antitrust arena.
- Constitutional law - Massachusetts Supreme Judicial Court distinguishes Thompkins's unambiguous invocation requirement of right to remain silent - Commonwealth v. Clarke.
- Twombly and Iqbal: the latest retreat from notice pleading.
- Criminal law.
- Proving the Point: Connections Between Legal and Mathematical Reasoning.
- 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.
- The Holmesian bad man flubs his entrance.
- 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.
- Locked Out or Locked Up: The Need for New Guidelines for Compelled Decryption.
- Lighten up: should Massachusetts implement a smoking surcharge for state employees?
- "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.
- Third-Class Citizens: Unequal Protection Within United States Territories.
- Criminal law - First Circuit deems aggravated identity theft statute ambiguous and applies rule of lenity - United States v. Godin.
- Corporate law - primary-violator liability under 10(b) applies to outside business partners in suits brought by shareholders - Simpson v. AOL Time Warner, Inc.
- The First Amendment and the mind/body problem.
- The sword and shield of social networking: harming employers' goodwill through concerted Facebook activity.
- The new federalization movement and the Roberts Court.
- Recognizing the Need for Excluding Employment Contracts: A Proposal to Amend the Federal Arbitration Act.
- Oil and water: how the polluted wake of the Exxon Valdez has endangered the essence of punitive damages.
- Bearing false witness: perjured affidavits and the Fourth Amendment.
- Constitutional Law - First Circuit protects right to record public officials discharging duties in public space - Glik v. Cunniffe.
- 'You have the right to an attorney,' but not right now: combating Miranda's failure by advancing the point of attachment under article XII of the Massachusetts Declaration of Rights.
- Making homes safer with safe homes: a look at the controversial way Boston attempted to reduce youth violence.
- Criminal Law & Procedure - Prosecutorial Error Versus Credibility of Child Victims of Sexual Assault: A Delicate Balance - Commonwealth v. Alvarez.
- Immigration law - enforcing administrative exhaustion requirements for pattern-and-practice claims concerning due process violations during immigration raids - Aguilar v. United States Immigration and Customs Enforcement.
- A new structured rule of reason approach for high-tech markets.
- The legal framework of consumer credit bureaus and credit scoring in the European Union: pitfalls and challenges - overindebtedness, responsible lending, market integration, and fundamental rights.
- A constitutional court for China within the Chinese Communist Party: scientific development and a reconsideration of the institutional role of the CCP.
- Criminal law - Fourth Circuit holds retroactive application of federal sentencing guidelines amendments violates ex post facto clause.
- The law of unintended consequences: shockwaves in the lower courts after Atlantic Corp. v. Twombly.
- Employment Discrimination Law - Sixth Circuit denies standing to former smployees under Title I of Americans with Disabilities Act - McKnight v. General Motors Corporation.
- Electronic Searches at the Border: Reasonable Suspicion or None at All? The Circuit Split and Potential Impact on Higher Education.
- Gun-shy originalism: the Second Amendment's original purpose in District of Columbia v. Heller.
- Putting the U in Underinclusive: The Shortcomings of U Visa Procedures in Light of the 2021 Bona Fide Determination Process.
- A comment on the rise and fall of the Supreme People's Court's reply to Qi Yuling's case.
- Constitutional law - Maryland District Court finds government's acquisition of historical cell site data immune from Fourth Amendment - United States v. Graham.
- The Bleeding Edge of Extortion: How Disregarding the Personal Benefit Poses a Danger in Novel Extortion Cases.
- The Fourth Amendment and the intuitive relationship between child molestation and child pornography crimes.
- Remembering a Renowned Teacher, Inspirational Human Being, and Cherished Friend.
- A lawyer in pursuit of truth and unity: Mohandas Gandhi and the private practice of law.