Suffolk University Law Review

Articles from Vol. 45, No. 1, Winter

Constitutional Law - Arrest or Impaired Movement Material to Physical Force Seizure Analysis - Brooks V. Gaenzle
Constitutional Law--Arrest or Impaired Movement Material to Physical Force Seizure Analysis--Brooks v. Gaenzle, 614 F.3d 1213 (10th Cir. 2010), cert. denied, 131 S. Ct. 1045 (2011) The Fourth Amendment of the United States Constitution provides...
Criminal Procedure - the Impact of Marijuana Decriminalization on Searches and Seizures in Massachusetts - Commonwealth V. Cruz
Criminal Procedure--The Impact of Marijuana Decriminalization on Searches and Seizures in Massachusetts--Commonwealth v. Cruz, 945 N.E.2d 899 (Mass. 2011) Article XIV of the Massachusetts Constitution, like the Fourth Amendment to the United States...
Do as I Say and Not as I Do: The United States' Immunity in Oil Spill Response Actions
"I really don't know why it is that all of us are so committed to the sea, except I think it is because in addition to the fact that the sea changes and the light changes, and ships change, it is because we all came from the sea. And it is an interesting...
Employment Law - Third Circuit Denies ERISA Whistleblower Protection to Employee Discharged after Making Unsolicited Internal Complaint - Edwards V. A.H. Cornell & Son, Inc
Employment Law--Third Circuit Denies ERISA Whistleblower Protection to Employee Discharged After Making Unsolicited Internal Complaint--Edwards v. A.H. Cornell & Son, Inc., 610 F.3d 217 (3d Cir. 2010), cert. denied, 131 S. Ct. 1604 (2011) The...
Execution Watch: Mitt Romney's "Foolproof" Death Penalty Act and the Politics of Capital Punishment
PREFACE Execution Watch, KPTF 90.1 FM, Houston, Texas, is a Public Radio program that only broadcasts when the State of Texas is executing one of its death-row inmates. Hosted by a former prison inmate and providing live coverage at Huntsville Prison,...
GPS Tracking, Police Intrusion, and the Diverging Paths of State and Federal Judiciaries
"The progress of science in furnishing the government with means of espionage is not likely to stop with wire tapping. Ways may some day be developed by which the government, without removing papers from secret drawers, can reproduce them in court,...
Is This Heaven? No, It's I.O.U.: Why Major League Baseball Must Modify Its Current Revenue-Sharing and Luxury-Tax Procedures
"There's nothing wrong with a baseball team turning a profit. What is wrong is a baseball team that cries poor while posting 18 consecutive losing seasons turning a profit. This difference is why the Pittsburgh Pirates, whose financial data from 2007...
Much Ado about Nothing: Why the War over the Affordable Care Act's Individual Mandate Will End with a Whimper and Not a Bang
"Whether or not such a law is wise, the people's representatives have the constitutional authority to enact it. What was said during the constitutional struggle over the New Deal is still true today: for objectionable social and economic legislation,...
Restating the Restatement of Conflicts: Approaching the Legitimacy Question in Choice-of-Law Theory
INTRODUCTION In George Bernard Shaw's Man and Superman, the protagonist, the forlorn revolutionary John Tanner, wrote, "Revolutions have never lightened the burden of tyranny: they have only shifted it to another shoulder." (2) The message, presented...
The First Facebook Firing Case under Section 7 of the National Labor Relations Act: Exploring the Limits of Labor Law Protection for Concerted Communication on Social Media
I. INTRODUCTION In the first labor law case of its kind in the United States, Region 34 of the NLRB issued a complaint against AMR. The complaint alleged AMR's firing of Emergency Medical Technician (EMT) Dawnmarie Souza for posting derogatory comments...
Tort Law - First Circuit Declares Widespread Publicity Triggers Claim Accrual under Federal Tort Claims Act - Donahue V. United States
Tort Law--First Circuit Declares Widespread Publicity Triggers Claim Accrual Under Federal Tort Claims Act--Donahue v. United States, 634 F.3d 615 (1st Cir. 2011) The Federal Tort Claims Act (FTCA) affords private parties the opportunity to bring...
Who Is Armed, and by What Authority? an Examination of the Likely Impact of Massachusetts Firearm Regulations after McDonald and Heller
"States may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional. (1) I. Introduction Article XVII of the Massachusetts Declaration of Rights guarantees...