Suffolk University Law Review

Articles from Vol. 41, No. 2, Spring

Administrative Law - First Circuit Decides Qualified Federal Law Enforcement Privilege Outweighs State's Prerogative to Enforce Criminal Code
Administrative Law--First Circuit Decides Qualified Federal Law Enforcement Privilege Outweighs State's Prerogative to Enforce Criminal Code--Puerto Rico v. United States, 490 F.3d 50 (1st Cir. 2007) In 1946, Congress enacted the Administrative...
Commercial and Consumer Credit Law - Class Action Remedy Unavailable in First Circuit for Plaintiffs Seeking Rescission under Truth in Lending Act
Commercial and Consumer Credit Law--Class Action Remedy Unavailable in First Circuit for Plaintiffs Seeking Rescission Under Truth in Lending Act-McKenna v. First Horizon Home Loan Corp., 475 F.3d 418 (1st Cir. 2007) The Truth in Lending Act (TILA)...
Commercial and Consumer Credit Law - First Circuit Properly Construes Holder in Due Course Doctrine under Massachusetts Law
Commercial and Consumer Credit Law--First Circuit Properly Construes Holder in Due Course Doctrine Under Massachusetts Law--Jelmoli Holding, Inc. v. Raymond James Financial Services, Inc., 470 F.3d 14 (1st Cir. 2006) Under Massachusetts law, a holder...
Constitutional Law - Diminished Expectations of Privacy and the Human Genome: Circuits Align on Mandatory DNA Profiling of Convicted Felons
Constitutional Law--Diminished Expectations of Privacy and the Human Genome: Circuits Align on Mandatory DNA Profiling of Convicted Felons--United States v. Weikert, 504 F.3d 1 (1st Cir. 2007) Pursuant to congressional mandate, individuals convicted...
Constitutional Law - First Circuit Questions Correctional Facility's Blanket Ban on Inmate Preaching
Constitutional Law--First Circuit Questions Correctional Facility's Blanket Ban on Inmate Preaching--Spratt v. Rhode Island Department of Corrections, 482 F.3d 33 (1st Cir. 2007) The Religious Land Use and Institutionalized Persons Act (RLUIPA)...
Constitutional Law - First Circuit Requires Minimal Commercial Effect for RICO Violations Based on Local Noneconomic Activity
Constitutional Law--First Circuit Requires Minimal Commercial Effect for RICO Violations Based on Local Noneconomic Activity--United States v. Nascimento, 491 F.3d 25 (1st Cir. 2007), petition for cert. filed, No. 07-7925 (U.S. Nov. 26, 2007) In...
Constitutional Law - First Circuit Vacates Preemption Finding Relating to Three Massachusetts Oil Spill Prevention Act Provisions
Constitutional Law--First Circuit Vacates Preemption Finding Relating to Three Massachusetts Oil Spill Prevention Act Provisions--United States v. Massachusetts, 493 F.3d 1 (1st Cir. 2007) Federalism is "[t]he legal relationship and distribution...
Criminal Law - Derivative Entrapment Defense Applies When Government Agent Acts through Unsuspecting Middleman to Induce Targeted Defendant
Criminal Law--Derivative Entrapment Defense Applies When Government Agent Acts Through Unsuspecting Middleman to Induce Targeted Defendant-United States v. Luisi, 482 F.3d 43 (1st Cir. 2007) The entrapment defense is a judicially created protection...
Criminal Law - First Circuit Allows Guilty Plea for Misprision to Stand under Plain Error Review
Criminal Law--First Circuit Allows Guilty Plea for Misprision to Stand Under Plain Error Review--United States v. Caraballo-Rodriguez, 480 F.3d 62 (1st Cir. 2007), cert. denied, 128 S. Ct. 489 (2007) The federal misprision statute requires that...
Criminal Law - First Circuit Holds Federal Courts Lack Jurisdiction to Expunge Criminal Records on Equitable Grounds
Criminal Law--First Circuit Holds Federal Courts Lack Jurisdiction to Expunge Criminal Records on Equitable Grounds--United States v. Coloian, 480 F.3d 47 (1st Cir. 2007), cert. denied, 128 S. Ct. 377 (2007) Federal courts have ordered the expungement...
Criminal Law - First Circuit Upholds Constitutionality of Juvenile Convictions as Predicate Offenses under the Armed Career Criminal Act
Criminal Law--First Circuit Upholds Constitutionality of Juvenile Convictions as Predicate Offenses Under the Armed Career Criminal Act--United States v. Matthews, 498 F.3d 25 (1st Cir. 2007) The Armed Career Criminal Act (ACCA) is a recidivist...
Federal Jurisprudence - the First Circuit Construes Plurality Opinions to Expand the Reach of the Clean Water Act
Federal Jurisprudence--The First Circuit Construes Plurality Opinions to Expand the Reach of the Clean Water Act--United States v. Johnson, 467 F.3d 56 (1st Cir. 2006), cert. denied, 128 S. Ct. 375 (2007) The Clean Water Act (CWA) extends federal...
Labor and Employment Law - a Deferential Standard for Administrators within a Statute Meant to Protect Workers
Labor and Employment Law--A Deferential Standard for Administrators Within a Statute Meant to Protect Workers--Bard v. Boston Shipping Association, 471 F.3d 229 (1st Cir. 2006) The Employee Retirement Income Security Act (ERISA) was enacted in 1974...
Labor and Employment Law - First Circuit Upholds Department of Labor's Broad Construction of the FMLA
Labor and Employment Law--First Circuit Upholds Department of Labor's Broad Construction of the FMLA--Rucker v. Lee Holding Co., 471 F.3d 6 (1st Cir. 2006) In 1993, Congress passed the Family and Medical Leave Act (FMLA). (1) The law permits eligible...
Labor and Employment Law - Uncertainty over Burden of Proof for Mixed Motive Employee Discharge
Labor and Employment Law--Uncertainty Over Burden of Proof for Mixed Motive Employee Discharge--Hospital Cristo Redentor, Inc. v. NLRB, 488 F.3d 513 (1st Cir. 2007) In 1977, the United States Supreme Court espoused a framework to determine whether...
Securities Law - First Circuit Limits Scope of "Safe Harbor" Disclosure Loophole under Misappropriation Theory of Insider Trading
Securities Law--First Circuit Limits Scope of "Safe Harbor" Disclosure Loophole Under Misappropriation Theory of Insider Trading--SEC v. Rocklage, 470 F.3d 1 (1st Cir. 2006) In Oliver Stone's film Wall Street, Gordon Gekko's philosophy that "greed...