Jan 7, 2010 | Lead Articles, Number 1, Print Edition, Volume 43
In May of 2007, the Supreme Court issued its opinion in Bell Atlantic Corp. v. Twombly that literally revolutionized the standard for determining the legal sufficiency of a complaint. In that decision, which Justice Souter wrote for the majority, the Court abandoned...
Jan 7, 2010 | Notes, Number 1, Print Edition, Volume 43
This Note examines current factors affecting copyright rights, critiques the PRO-IP Act as a response to those factors, and explores recent business strategies for monetizing the production of intellectual property notwithstanding those factors. Part II.A examines...
Aug 1, 2009 | Notes, Number 4, Print Edition, Volume 42
President Lyndon Johnson secured the public’s right to know the inner workings of government by signing the Freedom of Information Act (FOIA) into law in 1966. Congress did not believe that the right to this information was absolute and carved out exemptions in the...
Aug 1, 2009 | Lead Articles, Number 4, Print Edition, Volume 42
Symposium—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...
Aug 1, 2009 | Notes, Number 4, Print Edition, Volume 42
The Massachusetts Legislature specifically enacted the anti-wiretapping statute to protect private citizens from secret recordings. Massachusetts’s ban on undisclosed electronic surveillance is significantly more rigid than its federal counterpart. Like the federal...
Aug 1, 2009 | Case Comments, Number 4, Print Edition, Volume 42
The prosecution usually must prove a criminal defendant had the necessary mens rea, or culpable mental state, generally defined by the legislature in criminal statutes, to convict him or her of a crime. Title 18, section 1028A(a)(1) of the United States Code, the...