Suffolk University Law Review

Articles from Vol. 46, No. 4, Fall

Analyzing the Tension between Military Force Reductions and the Constitution: Protecting an Officer's Property Interest in Continued Employment
I. INTRODUCTION In 2011, the unemployment rate for military veterans discharged between the years 2001 and 2011 stood at 12.1%. (1) The jobless rate for all veterans stood at 8.3%. (2) Meanwhile, the overall unemployment rate hovered at 8.8%. (3)...
A Yawning Black Abyss: Section 35 and the Equal Protection of Women in the Commonwealth of Massachusetts
"The lack of DPH [(Department of Public Health)] publicly funded substance abuse treatment facilities has created a situation where people are using Section 35 as a means to access the MCI-Framingham publicly funded detox program." (1) "MCI-Framingham...
Copyright Law - Southern District of Texas Still Has Dial-Up and Holds Uploaded Webpages Not Published or Accessible
Copyright Law--Southern District of Texas Still Has Dial-Up and Holds Uploaded Webpages Not Published or Accessible--Rogers v. Better Business Bureau of Metropolitan Houston, Inc., 887 F. Supp. 2d 722 (S.D. Tex. 2012) In order to bring a copyright...
Cyber Law - Dismissing Employer's Claim under the CFAA against Former Employees Who Allegedly Misappropriated Trade Secrets
Cyber Law--Dismissing Employer's Claim Under the CFAA Against Former Employees Who Allegedly Misappropriated Trade Secrets--WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir. 2012), cert. dismissed, 133 S. Ct. 831 (2013) Among other...
Eye in the Sky: U.S. Citizen Casualties in the Shadow War
"Can the Executive order the assassination of a U.S. citizen without first affording him any form of judicial process whatsoever, based on the mere assertion that he is a dangerous member of a terrorist organization?" (1) I. Introduction In the...
Justice Delayed Is Justice Denied: Wrongful Convictions, Eyewitness-Expert Testimony, and Recent Developments
"[I]t is better that ten guilty persons escape, than that one innocent suffer." (1) I. INTRODUCTION Legal literature, periodicals, and judicial decisions have spilled much ink on the propriety and scope of the admissibility of expert opinion...
Lighten Up: Should Massachusetts Implement a Smoking Surcharge for State Employees?
"To take further steps in preserving and improving the health of all of our employees, Anna Jaques has recently implemented a non-smoking hiring policy requiring all individuals who have been offered a job at Anna Jaques Hospital ... to take a nicotine...
Securities Law - Second Circuit Accepts Rule 10b-5 Pleading of Economic Loss after Share-Price Recovery
Securities Law--Second Circuit Accepts Rule 10b-5 Pleading of Economic Loss After Share-Price Recovery--Acticon AG v. China North East Petroleum Holdings Ltd., 692 F.3d 34 (2d Cir. 2012) Securities and Exchange Commission (SEC) Rule 10b-5 (1) provides...
The Sword and Shield of Social Networking: Harming Employers' Goodwill through Concerted Facebook Activity
"Protected concerted activity usually isn't viewed as a carte blanche right to free speech, especially in an at-will-employment state. However, if successful, ... this case may end up being just that." (1) I. Introduction In early labor and employment...
'Tis Enough, 'Twill Serve: Defining Physical Injury under the Prison Litigation Reform Act
"Courage, man. The hurt cannot be much." (1) I. INTRODUCTION Congress passed the Prison Litigation Reform Act (PLRA) in 1995. (2) Since that time, no provision of the PLRA has created more confusion than the limitation-on-recovery provision,...
Yours, Mine, or Ours: A Proposal for Sensible Reform of the Massachusetts Tenancy-by-the-Entirety Statute
"They were born at a time when the Renaissance was barely gestating, when a flat earth was the center of the universe, and when kings were divine.... Yet the relics of property law persist." (1) I. INTRODUCTION Modern concepts of property ownership...