Boston College Journal of Law & Social Justice

Articles

Vol. 37, No. 2, May

One Mortgage: A Model of Success for Low-Income Homeownership
INTRODUCTIONIn 1968, elected officials and bankers in Boston designed a mortgage program in the wake of the urban rioting that followed the assassination of Reverend Martin Luther King. It was called Boston Banks Urban Renewal Group, or B-BURG, and the...
Read preview Overview
Mortgage Supply Chain Failure and Innovation
INTRODUCTIONAccording to recent Urban Institute estimates, 6.3 million more mortgage loans might have been made between 2009 and 2015 if underwriting standards prevailing in 2001, when lending was relatively safe, had been used. (Goodman, Zhu & Bai...
Read preview Overview
Discussion of Papers on Cyclicality in Mortgage Markets
INTRODUCTIONU.S. mortgage markets can be likened to a gigantic machine with many real and financial "moving pieces." These pieces move cyclically and are too many to be covered in a few papers. Table 1 lays out my understanding of the main parts of this...
Read preview Overview
Expanding the Mortgage Credit Box: Lessons from the Community Advantage Program
INTRODUCTIONMortgage credit became less available with the onset of the Great Recession. The Federal Reserve's low interest rates and quantitative easing policies have kept interest rates at historically low levels. As such, lending should have increased...
Read preview Overview
Has the Mortgage Pendulum Swung Too Far? Reviving Access to Mortgage Credit
INTRODUCTIONStarting in 2007, the United States experienced a sharp decline in home mortgage originations, leading to a serious overcorrection of credit. The situation is slowly improving, with mortgage originations on the upswing since first quarter...
Read preview Overview
Quantifying the Tightness of Mortgage Credit and Assessing Policy Actions
INTRODUCTIONMortgage credit has become very tight in the aftermath of the financial crisis. Although experts generally agree that it is poor public policy to make loans to borrowers who cannot make their payments, failing to make mortgages to those who...
Read preview Overview

Vol. 37, No. 1, April

Professor Emerita Ruth-Arlene Howe Faculty Advisor, Third World Law Journal, 1978-2008
No one was more instrumental in founding the Boston College Third World Law Journal (TWLJ) than Professor Emerita Ruth-Arlene W. Howe-the faculty advisor to the Black American Law Student Association (BALSA) who helped students develop a journal proposal...
Read preview Overview

Vol. 37, No. 3, 2017

THE LIMITS OF EXECUTIVE CLEMENCY: HOW THE VIRGINIA SUPREME COURT BLOCKED THE RESTORATION OF FELONS' POLITICAL RIGHTS IN HOWELL V. MCAULIFFE
IntroductionOn April 22, 2016, Governor Terence McAuliffe of Virginia issued an Executive Order which restored the full political rights of 206,000 disenfranchised Virginia citizens, including the right to hold public office, vote, act as a notary public,...
Read preview Overview
MEAN MUGGIN' NO MORE: DETROIT FREE PRESS V. U.S. DEP'T OF JUSTICE AND A NON-TRIVIAL PRIVACY INTEREST IN BOOKING PHOTOGRAPHS
INTRODUCTIONOn January 25, 2013, the U.S. Marshal Service denied a request by the Detroit Free Press for the booking photographs, colloquially referred to as "mug shots," of four police officers awaiting trial in the U.S. District Court for the Eastern...
Read preview Overview
WALKING ON EGGSHELLS IN THE WORKPLACE: DENYING WORKERS' COMPENSATION LIABILITY USING THE EMPLOYEE KNOWLEDGE STANDARD IN RAMIREZ-TRUJILLO V. QUALITY EGG, L.L.C
INTRODUCTIONOn August 1, 2009, Deanna Ramirez-Trujillo slipped on an egg on the floor at her workplace in Clarion, Iowa and injured her back, triggering a period of chronic pain that lasted more than two years and ultimately cumulated in surgery for...
Read preview Overview
IDENTITY CRISIS: VEASEY V. ABBOTT AND THE UNCONSTITUTIONALITY OF TEXAS VOTER ID LAW SB 14
INTRODUCTIONOn November 5, 2013, Floyd James Carrier of China, Texas went to his local polling place to exercise his constitutional right to vote.1 After he arrived at the polling place, Mr. Carrier, a retired, wheelchair bound, African American Army...
Read preview Overview

Vol. 36, No. 3, 2016

"SLURRING" THE LINES BETWEEN INSENSITIVITY AND HOSTILITY: BOYER-LIBERTO V. FONTAINEBLEAU CORP. AND THE EVALUATION OF TITLE VII RACIAL HARASSMENT CLAIMS
INTRODUCTIONIn 2015, the U.S. Court of Appeals for the Fourth Circuit, sitting en banc, vacated the U.S. District Court for the District of Maryland's decision to grant summary judgment in favor of Fontainebleau Corporation on hostile work environment...
Read preview Overview
THE BIG STINK ABOUT GARBAGE: STATE V. MCMURRAY AND A REASONABLE EXPECTATION OF PRIVACY
INTRODUCTIONOn February 2, 2012, David Ford McMurray placed his garbage at the curb for collection outside of his Hutchinson, Minnesota home, unaware that this routine act would eventually lead to his conviction and two-year sentence.1 Acting on a tip,...
Read preview Overview
A TORT REPORT: CHRIST V. EXXON MOBIL AND THE EXTENSION OF THE DISCOVERY RULE TO THIRD-PARTY REPRESENTATIVES OF DECEDENTS IN WRONGFUL DEATH AND SURVIVAL SUITS
IntroductionOn July 13, 2006, former employees and representatives of deceased employees of an Eau Claire, Wisconsin tire manufacturing facility filed suit against parties associated with operating the facility alleging injuries from forced benzene exposure.1...
Read preview Overview
NO FRACKNATION WITHOUT REPRESENTATION: STRIPPING AWAY A CITY'S RIGHT TO REGULATE THE STRIPPING AWAY OF ITS NATURAL RESOURCES IN STATE EX REL. MORRISON V. BECK ENERGY CORP
IntroductionThe Beck Energy Corporation ("Beck Energy") is an Ohio-based oil and natural gas company that secured a permit from the Ohio Department of Natural Resources ("ODNR") Mineral Resources Management Division to drill a well on Joseph Willingham's...
Read preview Overview
FROM HOMICIDAL YOUTHS TO REFORMED ADULTS: PAROLE HEARING PROCEDURES FOR JUVENILE HOMICIDE OFFENDERS IN DIATCHENKO V. DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT
IntroductionOn May 9, 1981, seventeen-year-old Gregory Diatchenko stabbed Thomas Wharf to death near Kenmore Square in Boston.1 A jury convicted Diatchenko of murder in the first degree and sentenced him to a mandatory term of life imprisonment without...
Read preview Overview

Vol. 36, No. 2, 2016

A New Constitutive Commitment to Water
INTRODUCTIONDoes the United States Constitution limit a city's ability to terminate its citizens' access to water for essential needs? As long as some minimal procedures are in place, the answer is no. A constitutional right to affordable water for drinking,...
Read preview Overview
An Opening for Civil Rights in Health Insurance after the Affordable Care Act
INTRODUCTIONSection 1557 of the Patient Protection and Affordable Care Act ("ACA") has potential to broadly remedy discrimination in healthcare. Section 1557 prohibits race, gender, age, and disability discrimination by healthcare entities receiving...
Read preview Overview
Probable Cause to Protect Children: The Connection between Child Molestation and Child Pornography
INTRODUCTION"It was the worst moment of my life," seventeen-year-old Nicole said, referring to the moment she discovered that her father had distributed photographs and videos of his repeated sexual abuse of her, occurring when she was between nine and...
Read preview Overview
No Place to Call Home: Rethinking Residency Restrictions for Sex Offenders
INTRODUCTION"If a person wants to offend, it doesn't matter how close he is to a convenient place to find kids."1Starting in 2013, the railroad tracks in the area of NW 36th Court and NW 71st Street in Florida's Miami-Dade County became notorious for...
Read preview Overview
Post-Conviction Access to DNA Testing: Why Massachusetts's 278a Statute Should Be the Model for the Future
INTRODUCTIONIn midsummer 1977, the police of Homewood, Illinois encountered a dismal scene.1 A young woman with clothes and hair in a state of disarray was walking by the side of the road, claiming to have been raped.2 She was rushed to a hospital, where...
Read preview Overview

Vol. 36, No. 1, 2016

TOWARD A NEW SEPARATION OF CHURCH AND STATE: IMPLICATIONS FOR ANALOGIES TO THE SUPREME COURT DECISION IN HOBBY LOBBY BY THE DECISION IN OBERGEFELL V. HODGES
INTRODUCTIONThis article will offer a reading of the 2014 United States Supreme Court decision in Burwell v. Hobby Lobby Stores1 that is both consistent with the Court's landmark 2015 decision in Obergefell v. Hodges2 and which also affords some direction...
Read preview Overview
The Impact of Interior Immigration Enforcement on Mixed-Citizenship Families
INTRODUCTIONOn average, there are over 33,000 men and women separated from their families and housed in immigration detention facilities in the United States.1 Most of these facilities receive scant attention because of their remote locales. Typically,...
Read preview Overview
Victim Protection or Revictimization: Should College Disciplinary Boards Handle Sexual Assault Claims?
INTRODUCTIONEarly one morning a few weeks into a new school year at Hobart and William Smith Colleges (HWS), Anna, an eighteen-year-old first-year student, was found by her friends bent over a pool table at a dance hall ("The Barn") being sexually assaulted...
Read preview Overview
Make Him an Offer He Can't Refuse: The concerning Practice That Effectively Ends Collective Litigation and How to Fix It (without the Supreme Court)
INTRODUCTIONLaura Symczyk worked as a nurse at the Pennypack Center ("Pennypack"), a medical and rehabilitative facility in Philadelphia, Pennsylvania.1 Pennypack automatically deducted one half hour's worth of pay daily from Symczyk's paycheck so that...
Read preview Overview
More Carrot, Less Stick: Workplace Wellness Programs & the Discriminatory Impact of Financial and Health-Based Incentives
INTRODUCTIONDale Arnold, an employee of Flambeau, Inc. ("Flambeau"), a Wisconsinbased manufacturer and distributor of industrial, commercial, and consumer plastic, went on medical leave in 2011 for treatment of his cardiomyopathy and congestive heart...
Read preview Overview

Vol. 35, No. 2, 2015

A Forgiveness Law: The Path to Solve the Peace versus Justice Dilemma
INTRODUCTIONGovernments of societies in situations of internal armed conflict have often used amnesty as a policy tool to negotiate peace with those accused of committing international crimes,1 thus trading justice for peace. Yet, amnesties granted to...
Read preview Overview
Cultural Bias in Judicial Decision Making
INTRODUCTIONThe tension between the legal procedure's goals of neutrality, equality, and impartiality, and the fact that judges are human beings that are influenced by their life experiences, has been vastly debated in legal and psychological literature....
Read preview Overview
Civil Asset Forfeiture in Massachusetts: A Flawed Incentive Structure and Its Impact on Indigent Property Owners
INTRODUCTIONFirst, envision a million-dollar motel property that had been family-built, owned, and operated since 1955.1 Then envision the federal government working in conjunction with local law enforcement to seize possession of this momand-pop motel.2...
Read preview Overview
Compromising Equality: An Analysis of the Religious Exemption in the Employment Non-Discrimination Act and Its Impact on Lgbt Workers
INTRODUCTIONIn December 2013, Mark Zmuda, vice principal at Eastside Catholic High School near Seattle, Washington, reluctantly resigned his position after the high school's administration suggested that he leave the school.1 The former vice principal...
Read preview Overview
Rx for Costly Credit: Deferred Interest Medical Credit Cards Do More Harm Than Good
INTRODUCTIONSixty-eight-year-old Alice Diltz, a part-time hospital aide, needed five dental implants.1 The Hillside Dental Care clinic in Queens, New York quoted her a price of $7450 in October 2005.2 Diltz's insurance would only pay $200 towards the...
Read preview Overview

Vol. 35, No. 1, 2015

Free, but Still Behind Bars: Reading the Illinois Post-Conviction Hearing Act to Allow Any Person Convicted of a Crime to Raise a Claim of Actual Innocence
INTRODUCTIONIn 2013, eighty-seven wrongfully convicted prisoners in the United States were exonerated, "the highest number since researchers began keeping track more than 20 years ago."1 Contrary to popular perception, exculpatory DNA evidence is no...
Read preview Overview
The Holmes School of Law: A Proposal to Reform Legal Education through Realism
I. MISSION STATEMENTThe mission of a newly established Holmes School of Law is to teach law.1II. COURSE DESCRIPTIONS: A SELECTION2Adjudication: 8 CreditsAn examination of different fora where matters are adjudicated. Students will observe where the bulk...
Read preview Overview
A Dangerous Disappearing Act: Preserving Affordable Housing in the Face of Maturing Mortgages
INTRODUCTIONTina Amenta lived with her husband in a Colorado town in a rental unit subsidized by the Fort Collins Housing Authority ("FCHA").1 She, along with dozens of other families, was forced to pack up and move when the FCHA decided to sell eighty-eight...
Read preview Overview
Discretion to Warn: Balancing Privacy Rights with the Need to Warn Unaware Partners of Likely Hiv/aids Exposure
INTRODUCTIONJaylah was a beautiful two-day-old newborn lying in a crib at Boston Medical Center and her father, Anthony, could not have loved her more.1 Anthony and his girlfriend, Elisa, had been anxious about Jaylah's health, but Jaylah was born full-term...
Read preview Overview
What to Expect When You're Expecting: Fetal Protection Laws That Strip Away the Constitutional Rights of Pregnant Women
INTRODUCTIONOn July 2, 2013, twenty-eight-year-old Alicia Beltran went to a clinic at St. Joseph's Hospital in Wisconsin for her first prenatal visit.1 Then fourteen weeks pregnant, Alicia divulged a prior addiction to the painkiller Percocet when describing...
Read preview Overview
Big Brother as Parent: Using Surveillance to Patrol Students' Internet Speech
INTRODUCTION"Drink bleach and die," one bully wrote to twelve-year-old Rebecca Ann Sedwick.1 "Why are you still alive?" another asked.2 A third text message sent by a peer to Sedwick's cell phone read, "Can u [sic] die please?"3 After over one year of...
Read preview Overview

Vol. 34, No. 2, Spring

Professor Emerita Ruth-Arlene Howe
Faculty Advisor, Third World Law Journal, 1978-2008No one was more instrumental in founding the Boston College Third World Law Journal (TWLJ) than Professor Emerita Ruth-Arlene W. Howe-the faculty advisor to the Black American Law Student Association...
Read preview Overview
Introduction
On January 8, 1964, President Lyndon Johnson declared an unequivocal war on poverty in his state of the union address.1 The results of this effort were numerous laws that have had and continue to have an impact on lowincome populations. Within months...
Read preview Overview
Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law
"[P]eople in power get to impose their metaphors."1INTRODUCTIONIn 2011, presidential candidate Newt Gingrich kicked off his campaign for the Republican Party's nomination to thunderous applause by deriding Barack Obama as "the most successful food stamp...
Read preview Overview
50 Years after the "War on Poverty": Evaluating the Justice Gap in the Post-Disaster Context
INTRODUCTIONThe legal services initiative developed as part of this country's overarching War on Poverty to provide, amongst a wide array of other programs, civil legal services to all in need and, in doing so, challenge poverty itself. Since the War...
Read preview Overview
Left Behind with No "Idea": Children with Disabilities without Means
INTRODUCTIONThe No Child Left Behind Act of 2001 ("NCLB")1 was supposed to bring every public school student, including students with disabilities, up to a challenging standard of academic proficiency by the year 2014.2 That has not happened.3 In 2004,...
Read preview Overview
Statutory Prohibitions on Wrongful Birth Claims & Their Dangerous Effects on Parents
INTRODUCTIONOn July 4, 1997, Milda Geler and Edward Faynin, a married couple from New Jersey, gave birth to a baby girl named Shannon.1 Shannon was healthy and developed normally for the first few months of her life.2 When she was five months old, however,...
Read preview Overview
Heal the Suffering Children: Fifty Years after the Declaration of War on Poverty
INTRODUCTIONCommemorating the fiftieth year anniversary of the War on Poverty, the Article revisits the past with poetic, visual imagery of the movement leaders. This Article is a nontraditional mix of reflection on the past, portrayal of the present,...
Read preview Overview
From the "War on Poverty" to Pro Bono: Access to Justice Remains Elusive for Too Many, Including Our Veterans
INTRODUCTIONThere is a vast justice gap in America. This gap exists despite Justice Powell's reminder to us that:[e]qual justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of...
Read preview Overview
A "Dubious Distinction": New Jersey's Drug-Free School Zones & Disparately Impacted Minority Communities
INTRODUCTIONJason Williams was just nineteen years old when he was arrested for selling cocaine in a drug-free school zone.1 Despite having no prior criminal record, Jason was convicted and sentenced to forty-five years in a Texas prison.2 Jason's sentence...
Read preview Overview

Vol. 34, No. 1, Winter

Professor Emerita Ruth-Arlene Howe Faculty Advisor, Third World Law Journal, 1978-2008
No one was more instrumental in founding the Boston College Third World Law Journal (TWLJ) than Professor Emerita Ruth-Arlene W. Howe-the faculty advisor to the Black American Law Student Association (BALSA) who helped students develop a journal proposal...
Read preview Overview
Collateral Damage: Drug Enforecment & Its Impact on the Deportation of Legal Permanent Residents
IntroductionJerry Lemaine legally immigrated to New York from Haiti when he was three years old.1 He took advantage of the educational opportunities available to him in the United States and enrolled at the Hunter Business School to earn a degree in...
Read preview Overview
Private Rights under the Housing Act: Preserving Rental Assistance for Section 8 Tenants
IntroductionOn April 2, 2010, a portion of the concrete ceiling of Ana ReyesGaray's rented apartment detached and fell on top of her.1 Reyes-Garay, then 71 years old, suffered severe injuries to her right leg, which required several surgeries and a lengthy...
Read preview Overview
An Equal Playing Field: The Potential Conflict between Title IX & the Massachusetts Equal Rights Amendment
IntroductionIn the 2010 Western Massachusetts field hockey Division I title game a forward for South Hadley High School collided at full speed with the opposing goaltender, Corey Hedges, scoring the winning goal.1 What differentiated this play from many...
Read preview Overview
Confronting a Double-Edged Sword: Providing Bullies Due Process Protections without Undercutting Massachusetts' Efforts to Combat Bullying
IntroductionOn April 6, 2009, eleven-year-old Carl Joseph Walker-Hoover, a football player and Boy Scout in Springfield, Massachusetts, hung himself with an extension cord on the second floor of his family's home.1 As early as September 2008, Carl told...
Read preview Overview
Prohibting Barriers to the Booth: The Case for Limited Nationwide Preclearance under a Modified Voting Rights Act
IntroductionNinety-three-year-old Viviette Applewhite marched in Civil Rights protests during the 1960s, worked as a wartime welder, and voted in every presidential election for the past fifty years.1 Under a Pennsylvania law passed in early 2012, however,...
Read preview Overview
The Need for Additional Safeguards against Racist Police Practices: A Call for Change to Massachusetts & Illinois Wiretapping Laws
IntroductionEarly in the morning on April 17, 2010, in Seattle, Washington, Martin Monetti, Jr. and two of his friends were walking home after celebrating Monetti's twenty-first birthday.1 All of a sudden, Monetti and his friends were surrounded by police...
Read preview Overview

Vol. 33, No. 3, 2013

MISINFORMED CONSENT: UPHOLDING THE CONSTITUTIONALITY OF SOUTH DAKOTA'S SUICIDE ADVISORY IN PLANNED PARENTHOOD MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA V. ROUNDS
Abstract: On July 24, 2012, in Planned Parenthood Minnesota, North Dakota, South Dakota v. Rounds, the U.S. Court of Appeals for the Eighth Circuit, sitting en banc, considered the constitutionality of a suicide advisory portion of a South Dakota statute...
Read preview Overview
SOCIAL VISIBILITY AND PARTICULARITY IN ASYLUM: GAITAN V. HOLDER AND THE IRONIC REQUIREMENT OF SOCIAL PERCEPTION TO AVOID PERSECUTION
Abstract: On March 1, 2012, in Gaitan v. Holder, the U.S. Court of Appeals for the Eighth Circuit held that Oscar Gaitan, a citizen of El Salvador who was seeking asylum based on membership in a particular social group, did not belong to a group that...
Read preview Overview
CUFF EX REL. B.C. V. VALLEY CENTRAL SCHOOL DISTRICT: THE BATTLE BETWEEN SAFETY AND LIBERTY IN AN ERA OF STUDENT VIOLENCE
Abstract: On March 22, 2012, in Cuffex rel. B.C. v. Valley Central School District, the U.S. Court of Appeals for the Second Circuit held that suspending a student for writing a wish to blow up the school did not violate the student's First Amendment...
Read preview Overview
SEARCHING FOR A "JURISDICTIONAL HOOK": UNITED STATES V. KEBODEAUX AND THE CONSTITUTIONAL LIMITS OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
Abstract: On July 6, 2012, in United States v. Kebodeaux, the U.S. Court of Appeals for the Fifth Circuit held that the Sex Offender Registration and Notification Act's registration requirements were unconstitutional when applied to the intrastate relocation...
Read preview Overview
EMELDI V. UNIVERSITY OF OREGON BRINGS THE STUDENT-PROFESSOR RELATIONSHIP INTO THE WORKPLACE
Abstract: On June 9, 2012, in Emeldi v. University of Oregon, the U.S. Court of Appeals for the Ninth Circuit reversed a grant of summary judgment to the publicly-funded University of Oregon in a Title IX suit brought by a female Ph.D. student claiming...
Read preview Overview
A "FUNDAMENTALLY UNFAIR" REMOVAL PROCEEDING: DENIAL OF DUE PROCESS AND INEFFECTIVE ASSISTANCE OF COUNSEL IN CONTRERAS V. ATTORNEY GENERAL
Abstract: On January 4, 2012, in Contreras v. Attorney General of the United States, the U.S. Court of Appeals for the Third Circuit held that the Fifth Amendment due process right to effective assistance of counsel does not apply to immigration filings...
Read preview Overview
EQUAL PROTECTION "IN FLUX": THE SEVENTH CIRCUIT'S INABILITY TO CLARIFY A STANDARD FOR CLASS-OF-ONE EQUAL PROTECTION CLAIMS IN DEL MARCELLE V. BROWN COUNTY CORP
Abstract: On May 17, 2012, in Del Marcelle v. Brown County Corp., the U.S. Court of Appeals for the Seventh Circuit sitting en banc split three ways on what standard to apply in class-of-one equal protection cases. The judges were concerned about how...
Read preview Overview

Vol. 33, No. 2, Spring

Marching across the Putative Black/white Race Line: A Convergence of Narratology, History, and Theory
Abstract: This Article introduces a category of women who, until now, have been omitted from the scholarly literature on the civil rights movement: northern white women who lived in the South and became active in the civil rights movement, while intending...
Read preview Overview
The "Nixon Sabotage": The Political Origins of the Equal Protection Challenge to the Voting Rights Act
Abstract: Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority...
Read preview Overview
A Toxic Mouthful: The Misalignment of Dental Mercury Regulations
Abstract: Mercury amalgam dental fillings have been used for over one hundred and fifty years in hundreds of millions of patients around the world. In the past two decades, scientific evidence has shown that mercury fillings have harmful effects on human...
Read preview Overview
A Long Way from Home: Restrictions on Federal Funding of Abortions for Peace Corps Volunteers
Abstract: Since 1979, Congress has prohibited the Peace Corps from funding Volunteer abortions even in cases of rape, incest, or endangerment of the Volunteer's life. This approach directly contrasts with domestic abortion policies, such as Medicaid...
Read preview Overview
TO FREE OR NOT TO FREE: RETHINKING RELEASE ORDERS UNDER THE PRISON LITIGATION REFORM ACT AFTER BROWN V. PLATA
Abstract: The United States Supreme Court made one of its most controversial decisions in recent memory in May 2011. Brown v. Plata involved a class action by inmates in California who alleged that their Eighth Amendment rights had been violated because...
Read preview Overview
A Jury of Whose Peers?: Eliminating Racial Discrimination in Jury Selection Procedures
Abstract: The jury system is intended to instill fairness and increase confidence in the American legal system as a whole. Despite this goal, widespread discrimination remains in jury selection procedures. In order to adequately protect both a defendant's...
Read preview Overview

Vol. 33, No. 1, 2013

WAKE UP AND SMELL THE STARBUCKS COFFEE: HOW DOE V. STARBUCKS CONFIRMS THE END OF "THE AGE OF CONSENT" IN CALIFORNIA AND PERHAPS BEYOND
Abstract: Since 2005, California civil courts have effectively abandoned the "age of consent" set by former California statutory rape law and, arguably, encoded in current penal code sex crime provisions. In declaring that California civil law may credit...
Read preview Overview
Are We There Yet? Progress toward Gender-Neutral Legal Education
Abstract: Although men and women enter law school at the same rate with similar credentials, studies demonstrate that men consistently out-perform women in law school. This Article examines whether the performance gap present at other top law schools...
Read preview Overview
Magic and Hope: Relaxing Trips-Plus Provisions to Promote Access to Affordable Pharmaceuticals
Abstract: Competing interests and values collide at the intersection of public health, international trade, and intellectual property. Although highly successful in securing rigid patent protection provisions in the Agreement on Trade Related Aspects...
Read preview Overview
Walking the Freedom Trail: An Analysis of the Massachusetts Human Trafficking Statute and Its Potential to Combat Child Sex Trafficking
Abstract: On November 21, 2011, Massachusetts Governor Deval Patrick signed into law House Bill 3808, An Act Relative to the Commercial Exploitation of People. Before the bill's passage, Massachusetts was one of only three states that did not have a...
Read preview Overview
An Opportunity to Be Heard: A Call for Impartiality in the Law School Admission Council's Disability Accommodation Review Process
Abstract: Congress passed the Americans with Disabilities Act (ADA) in 1990, endeavoring to eliminate discrimination against disabled Americans and assure equality of opportunity. The Law School Admission Council's (LSAC) accommodation review process...
Read preview Overview
PROTECTING PRISONERS DURING CUSTODIAL INTERROGATIONS: THE ROAD FORWARD AFTER HOWES V. FIELDS
Abstract: In 1966, in Miranda v. Arizona, the U.S. Supreme Court sought to mitigate the inherently coercive atmosphere of custodial interrogations to protect victims from involuntary self-incrimination. In analyzing custody for Miranda purposes, courts...
Read preview Overview

Vol. 32, No. 2, 2012

Foreword: The Way to Carnegie
IntroductionLaw schools have a clear mission, one would think. Even if the American Bar Association did not insist upon it, any given law school would acknowledge its commitment to "prepare[] its students for admission to the bar, and effective and responsible...
Read preview Overview
The Clinical Mission of Justice Readiness
Abstract: Law schools strive to teach students to be practice ready. That noble goal, however, is not enough. Because of the powerful role that lawyers play in society, educators must also teach students to be "justice ready." Justice ready graduates...
Read preview Overview
Practice Ready: Are We There Yet?
Abstract: Clinical legal education is garnering more attention as a vehicle for providing the training required to graduate "practice ready" lawyers as law schools face economic concerns and increasing expectations from the legal market. To create a...
Read preview Overview
Back to the Future of Clinical Legal Education
Abstract: The premier strength of legal education resides in its dual identity as an academic department of a university and a professional school training future practitioners. This dual identity, which gives law school its unique blend of the intellectual...
Read preview Overview
The Cost of Clinical Legal Education
Abstract: Critics of clinical legal education often malign its expense and look to clinical budget cuts as the primary means of reducing costs in legal education. This narrow focus, however, ignores the important function that clinical legal education...
Read preview Overview
Losing My Religion: The Place of Social Justice in Clinical Legal Education
Abstract: Many law school clinics presume a "social justice" mission-that is, representation of the indigent and under-represented about poverty law issues-as the only legitimate goal for clinic clients and matters. This Article contends that social...
Read preview Overview
Is Social Justice Still Relevant?
Abstract: Social justice remains relevant in teaching clinical legal education. The clinical legal education model teaches the basics of lawyering not otherwise taught in law school: a practical understanding of the practice of law, how to deal with...
Read preview Overview
Sedating Forgotten Children: How Unnecessary Psychotropic Medication Endangers Foster Children's Rights and Health
Abstract: State foster care systems are forcing many foster children to take high dosages of dangerous, mind-altering psychotropic medications. State actors have little medical background for each child and have limited time to diagnose disorders, thereby...
Read preview Overview
Toward Efficiency and Equity in Law Enforcement: "Rachel's Law" and the Protection of Drug Informants
Abstract: Following the murder of Rachel Morningstar Hoffman-a 23- year-old college graduate-Florida passed "Rachel's Law," which established new guidelines for the police when dealing with confidential informants. Immediately prior to its enactment,...
Read preview Overview
Peeking under the Covers: Taking a Closer Look at Prosecutorial Decision-Making Involving Queer Youth and Statutory Rape
Abstract: Queer youth are in a precarious position. In comparison to their heterosexual peers, queer youth are disproportionately punished in the criminal justice system, and they may be more vulnerable to being prosecuted for statutory rape. They may...
Read preview Overview

Vol. 32, No. 1, 2012

Introducing the Boston College Journal of Law & Social Justice
With the publication of this volume 32, the Boston College Third World Law Journal changes its name to the Boston College Journal of Law & Social Justice. The staffand editors believe that the new name more accurately reflects our mission and scope....
Read preview Overview
Islam in the Mind of American Courts: 1800 to 1960
Abstract: While there are relatively few cases from the nineteenth and early twentieth centuries that mention Muslims or Islam, an analysis of these cases discloses three common themes. First, Islam was seen as a decidedly non-American religion. Second,...
Read preview Overview
UNDER THE CIRCUMSTANCES: PADILLA V. KENTUCKY STILL EXCUSES FUNDAMENTAL FAIRNESS AND LEAVES PROFESSIONAL RESPONSIBILITY LOST
Abstract: The Supreme Court's decision in Padilla v. Kentucky includes within the Sixth Amendment's right to the effective assistance of counsel advice on immigration, but still falls short of attaining fundamental fairness and legal professional responsibility....
Read preview Overview
Separation, Deportation, Termination
Abstract: There is a growing practice of separating immigrant children from their deportable parents. Parental fitness is no longer the standard with regard to undocumented immigrant parents. Increasingly, fit undocumented parents must convince courts...
Read preview Overview
Wolf at the Door: Issues of Place and Race in the Use of the "Knock and Talk" Policing Technique
Abstract: The procedure known as "knock and talk" allows police to approach a dwelling, knock on the door, and ask questions of the inhabitant with the goal of obtaining entry into the dwelling. This is a popular policing technique because probable cause...
Read preview Overview
Twombly and Iqbal: Effects on Hostile Work Environment Claims
Abstract: The Supreme Court decided two landmark cases, Bell Atlantic Corp. v. Twombly and Ashcroftv. Iqbal, that interpreted Federal Rule of Civil Procedure 8(b)'s pleading requirement. The Court shifted from a notice pleading standard to one that requires...
Read preview Overview
Insecure Communities: How an Immigration Enforcement Program Encourages Battered Women to Stay Silent
Abstract: Domestic violence is a pervasive problem in American society. Undocumented immigrant women suffer disproportionately from spousal abuse due to language and cultural barriers. Undocumented domestic violence victims often do not know how or where...
Read preview Overview
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.