Suffolk University Law Review

Articles from Vol. 42, No. 4, Fall

Big Dig Confidential: Why Massachusetts Needs a Statutory Journalist's Shield Law If It Wants to Keep the Big Stories Coming
"A reporter is no better than his source of information. If he can be summoned to testify in secret before a grand jury, his sources will dry up and the attempted exposure, the effort to enlighten the public, will be ended ... [and] the reporter's...
Cloaking Police Misconduct in Privacy: Why the Massachusetts Anti-Wiretapping Statute Should Allow for the Surreptitious Recording of Police Officers
"The public should know what is going on. It has a right to know in detail what its guardians are doing in order that it may intelligently conclude as to whether they should be discharged, or slapped on the back with approval and have their pay raised....
Criminal Law - First Circuit Deems Aggravated Identity Theft Statute Ambiguous and Applies Rule of Lenity - United States V. Godin
Criminal Law--First Circuit Deems Aggravated Identity Theft Statute Ambiguous and Applies Rule of Lenity--United States v. Godin, 534 F.3d 51 (1st Cir. 2008) The prosecution usually must prove a criminal defendant had the necessary mens rea, or...
Employee Benefits Law - Drunk Driving Fatality Determined Not Accidental under ERISA-Governed Insurance Plan - Stamp V. Metropolitan Life Insurance Co
Employee Benefits Law--Drunk Driving Fatality Determined Not Accidental Under ERISA-Governed Insurance Plan--Stamp v. Metropolitan Life Insurance Company, 531 F.3d 84 (1st Cir. 2008) Federal common law governs claims arising out of employee benefit...
Living Deadwood: Imagination, Affect, and the Persistence of the Past
In this paper, the object of my attention is the HBO television production, Deadwood. (1) In this highly acclaimed series, NYPD Blue's (2) creator, David Milch, both drew on and disrupted the genre of the American Western, generating fans in both popular...
Michael Clayton, Hollywood's Contemporary Hero-Lawyer: Beyond Outsider within and Insider Without
I. INTRODUCTION When we think of "outsiders" in the context of law, those who often come to mind are members of disenfranchised minorities, such as the mentally challenged. But in many of Hollywood's lawyer films, the paradigmatic and perhaps most...
Notes on Minority Report
I. Bennett Capers * When I was first invited to participate in this symposium, Legal Outsiders in American Film, I initially thought of myself. I thought maybe I would be the outsider among the contributors. I have never taken a law and film course,...
Outsider Citizens: Film Narratives about the Internment of Japanese Americans
"Memories, like history, constantly undergo revision...." (1) I. INTRODUCTION There is an old cliche: the winners write history. Today, one might add that the powerful leave visual records, like films. During World War II, the Office of War Information...
The Great Standby Rate Debate: Analysis of a Key Barrier to the Influx of Needed New Alternative Energy Sources
I. INTRODUCTION The standby rate structure that a state adopts will have a significant impact on the development of new distributed generation. (6) Distributed generation refers to alternative consumer-owned power sources--such as wind turbines...
The Legal Nocturne
"He found beyond him not God, who is the prohibition of crime, but a being who doesn't know prohibition. Beyond what I am, I meet a being who makes me laugh because he is headless, who fills me with anguish because he is made of innocence and crime....
The Massachusetts Approach to the Intersection of Governmental Attorney-Client Privilege and Open Government Laws
"Democracies die behind closed doors. The First Amendment, through a free press, protects the people's right to know that their government acts fairly, lawfully, and accurately.... [W]hen government begins closing doors, it selectively controls information...
The Politics of Law and Film Study: An Introduction to the Symposium on Legal Outsiders in American Film
The articles collected in this Symposium Issue on "Legal Outsiders in American Film" are examples of a turn in legal scholarship toward the analysis of culture. The cultural turn in law takes as a premise that law and culture are inextricably intertwined....
The Rule of Reason after Leegin: Reconsidering the Use of Economic Analysis in the Antitrust Arena
I. INTRODUCTION The United States Supreme Court has long distinguished between horizontal and vertical price restrictions in assessing their legality under the Sherman Antitrust Act (the Act). (2) Traditionally, courts use the "rule of reason" standard...
"Western" Notions of Justice: Legal Outsiders in American Cinema
"When it comes to justice, the best thing to do is to tell a story about a man or a woman who effects justice, or who suffers for it, or who presumes to run roughshod over it, and to let it go at that." (1) JUSTICE, LEGAL OUTSIDERS, AND CIVIL SOCIETY...