Criminal Law—First Circuit Denies Double-Intent Requirement for Internet Enticement of Minors—United States v. Dwinells, 508 F.3d 63 (1st Cir. 2007), cert. denied, 128 S. Ct. 2961 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Since the advent of the Internet, Congress, law enforcement officials, and the public have tried to protect children from online sexual predators.  In 1996, Congress amended the Telecommunications Act, criminalizing the enticement of minors...

Constitutional Law—First Circuit Conducts Independent, Not Clear-Error, Review in Free Speech Case Involving City Ordinances—Sullivan v. City of Augusta, 511 F.3d 16 (1st Cir. 2007), cert. denied, 129 S. Ct. 112 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition

First Circuit Review 2009 Protecting the expression of unpopular ideas lies at the heart of the First Amendment; therefore, free speech law inherently distrusts regulation.  Acknowledging the First Amendment’s importance, the United States Supreme Court imposed a...

The Need for Compromise: Introducing Indian Gaming and Commercial Casinos to Massachusetts

Nov 25, 2008 | Notes, Number 1, Print Edition, Volume 42

In the wake of the IGRA, Indian gaming has expanded exponentially due to its ability to jumpstart economic development on reservations and its potential for immense financial success. In Massachusetts, because casino gambling is currently illegal, no Indian tribes...

“Weighting” For Protection in Massachusetts: The Myth of Equal Opportunity in Employment

Nov 25, 2008 | Notes, Number 1, Print Edition, Volume 42

This Note will begin by outlining the historic expansion of civil-rights protection in Massachusetts within the employment context. It will then address the increased concern regarding weight discrimination and how existing Massachusetts law fails to provide an...

Tax Law—Retired Tenured Professors’ Early Retirement Plan Compensation Subject to Federal Insurance Contributions Act Taxation—University of Pittsburgh v. United States, 507 F.3d 165 (3d Cir. 2007)

Nov 25, 2008 | Case Comments, Number 1, Print Edition, Volume 42

The Federal Insurance Contributions Act (FICA) funds a national system of old age, survivors, disability, and hospital insurance, commonly known as social security and Medicare. To achieve its purpose, FICA imposes a tax on both employers and employees at a level...

Chapter 40B Should Buy the Farm

Nov 25, 2008 | Notes, Number 1, Print Edition, Volume 42

This Note will use the Hamilton Farm incident in Winchester, Massachusetts, to discuss the effects and inefficacy of Chapter 40B.30 Part II, sections A and B, will first explore the history, usage, and contours of Chapter 40B. Part II, sections C and D, will then...