Prosecutorial Misconduct and the Double Jeopardy Clause: An Attempt to Find a Universally Acceptable Standard

Feb 3, 2004 | Notes, Number 1, Print Edition, Volume 37

The Double Jeopardy Clause of the Fifth Amendment embodies a historic constitutional protection for criminal defendants that provides finality to criminal proceedings.  The Clause provides in pertinent part: “ “nor shall any person be subject for the same...

Constitutional Law—Imposition of a Suspended Sentence in a Misdemeanor Case Invokes a Defendant’’s Sixth Amendment Right to Counsel—Alabama v. Shelton, 535 U.S. 654 (2002)

Feb 3, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to the assistance of counsel.  Initially, the right to counsel extended only to felony cases but gradually expanded to include misdemeanor cases that result in...

The Degree of Separation: Should a Non-Participating Lawyer’’s Conflict Taint the Representation of Other Unconflicted Lawyers Rendering Their Representation Constitutionally Ineffective?

Feb 3, 2004 | Notes, Number 1, Print Edition, Volume 37

The Sixth Amendment to the United States Constitution states that in all criminal cases the defendant “”shall enjoy . . . the Assistance of Counsel.””  The United States Supreme Court has extended this guarantee to include the “right to the effective...

Constitutional Law——The First Amendment Protection of Commercial Speech Involving the Advertisement of Compounded Drugs——Thompson v. Western States Medical Center, 535 U.S 357 (2002)

Feb 3, 2004 | Case Comments, Number 1, Print Edition, Volume 37

The Federal Food, Drug, and Cosmetic Act of 1938 sets forth regulations for prescription drug manufacturing, marketing, and distribution.  In Thompson v. Western States Medical Center, the United States Supreme Court considered whether the Food and Drug Administration...

Child Abuse, Experts and the Law: Making Massachusetts Expert Evidence Friendly

Feb 3, 2004 | Notes, Number 1, Print Edition, Volume 37

Examples of child abuse are shocking when they are revealed in the popular media.  Expert testimony has profound implications in child abuse cases.  This note will trace the Massachusetts standard set forth in Commonwealth v. Lanigan and outline recent developments in...

The Model Rules of Professional Conduct and the Unauthorized Practice of Law: Justification for Restricting Conveyancing to Attorneys

Feb 3, 2004 | Notes, Number 1, Print Edition, Volume 37

There has long been heated debate, extending through the judicial and legislative bodies of numerous states, over the applicability of unauthorized practice of law regulations to real estate transactions.  Most of this debate has focused on the rights and protections...