Suffolk University Law Review

Articles from Vol. 43, No. 3, Summer

A Comment on the Rise and Fall of the Supreme People's Court's Reply to Qi Yuling's Case
On July 24, 2001, the Supreme People's Court of China (SPC or the Supreme Court) promulgated a new judicial interpretation. This interpretation, commonly referred to as the "Reply to Qi Yuling's Case" took effect on August 13, 2001. (2) On December...
A Constitutional Court for China within the Chinese Communist Party: Scientific Development and a Reconsideration of the Institutional Role of the CCP
There are great shifts in constitutional thinking taking place today in China among elite Chinese constitutional scholars. Among this group of influential constitutional law scholars, Hu Jintao's concept of scientific development ([TEXT NOT REPRODUCIBLE...
As Montville, Maine Goes, So Goes Wolcott, Vermont? A Primer on the Local Regulation of Genetically Modified Crops
"As Maine goes, so goes Vermont." (1) "We are ... imposing a moratorium on the growing of GM crops in Montville and demanding that our legislators pass laws to protect our rights as consumers and farmers." (2) I. INTRODUCTION On March 29th,...
Beware the Federal Government Bearing Gifts: How the American Recovery and Reinvestment Act of 2009 Could Become a Whistleblowing Trojan Horse
According to legend, it was Odysseus of Ithaca who devised the plan to end the ten-year trojan War by presenting to the trojans a gift in the form of a giant wooden horse. the Greeks left the horse at the gates of troy and apparently sailed away in...
CEO, CFO, COO ... Cube Dweller? Attorney-Client Privilege and Corporate Communication: Whose Communications Should Massachusetts Law Protect?
"[S]o numerous and complex are the laws by which ... citizens are governed, so important is it that they should be permitted to avail themselves of the superior skill and learning of those who are sanctioned by the law as its ministers ... without...
Constitutional Law - Ninth Circuit Upholds Constitutionality of Felon-in-Possession of Body Armor Statute with De Minimus Jurisdictional Element - United States V. Alderman
Although Congress may, as a general matter, extensively regulate interstate commerce, the federal government's authority to legislate in areas of traditional state concern is limited. (1) Courts, spurred by a renewed interest in federalism, have begun...
Constitutional Review in China: An Unaccomplished Project or a Mirage?
I. INTRODUCTION A general perception exists that constitutional review is not a part of modern Chinese jurisprudence. That view is mistaken. The aim of this essay is to show that, while substantial constitutional change has not yet been established,...
Criminal Procedure - First Circuit Establishes Less Demanding Requirement of Particularized Need to Access Prior Grand Jury Testimony - in Re Grand Jury
Criminal Procedure--First Circuit Establishes Less Demanding Requirement of Particularized Need to Access Prior Grand Jury Testimony--In re Grand Jury, 566 F.3d 12 (1st Cir. 2009) The Federal Rules of Criminal Procedure, protecting the secrecy of...
Criminal Procedure - Government May Not Introduce Evidence Derived from Illegal Private Wiretaps despite Its "Clean Hands" - United States V. Crabtree
Criminal Procedure--Government May Not Introduce Evidence Derived from Illegal Private Wiretaps Despite Its "Clean Hands"--United States v. Crabtree, 565 F.3d 887 (4th Cir. 2009) Congress strictly regulates telephone surveillance--or "wiretapping"--through...
Criminal Procedure - Supreme Judicial Court Delineates Method for Application of Forfeiture to Indigent Criminal Defendant - Commonwealth V. Means
Criminal Procedure--Supreme Judicial Court Delineates Method for Application of Forfeiture to Indigent Criminal Defendant--Commonwealth v. Means, 907 N.E.2d 646 (Mass. 2009) The Sixth Amendment of the United States Constitution guarantees the fundamental...
Federal Civil Practice - Local District Court Rule Does Not Provide Judge Authority to Order "Narrowcast" of Motion Hearing - in Re Sony BMG Music Entertainment
Federal Civil Practice-Local District Court Rule Does Not Provide Judge Authority to Order "Narrowcast" of Motion Hearing-In re Sony BMG Music Entertainment, 564 F.3d 1 (1st Cir. 2009) Since the 1930s, federal courts have expressed great reluctance...
Foreword: Symposium on Constitutional Review in China
Professor Larry Cata Backer organized a superb symposium on Constitutional Review in the People's Republic of China for the Suffolk University Law Review. The topic is clearly an important one not just in China, but throughout the world, which witnessed...
Forgotten Trust: A Check-the-Box Achilles' Heel
The classification question "is a practical one, dependent upon experience. The demand for symmetry ignores the specific difference that experience is supposed to have shown to mark the class. It is not enough to invalidate the law that others may...
Nulla Poena Sine Lege in China: Rigidity or Flexibility?
Nulla poena sine lege is a fundamental principle of criminal law. Its application is closely related to a basic understanding of criminal justice and separation of powers. The 1997 Chinese Criminal Law adopts a modified version of this principle. this...
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
Manuel E. Delmestro (1) "When the state feels threatened, the rule of law can be suspended. Anywhere." (2) "Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies."--Groucho...