Constitutional Law——The Copyright Term Extension Act of 1998 Is a Constitutional Exercise of Congressional Power——Eldred v. Ashcroft, 537 U.S. 186 (2003)

Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37

The United States Constitution gives Congress the power to enact copyright laws for the purpose of promoting the ““Progress of Science.””  Congress has enacted five Copyright Acts since 1790, each time significantly extending the term of copyright...

Constitutional Law——Substantive Due Process and the Not-So Fundamental Right to Sexual Orientation——Lawrence v. Texas, 123 S. Ct. 2472 (2003)

Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37

The Due Process Clause of the Fourteenth Amendment to the United States Constitution serves not only as a guarantee of procedural propriety, but also as a source of substantive individual rights.  Although the Supreme Court of the United States has repeatedly employed...

Contract Law——Anticipatory Repudiation and the Running of the Statute of Limitations——Franconia Associates v. United States, 536 U.S. 129 (2002)

Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37

The anticipatory repudiation of a contract occurs when a promisor withdraws from an obligation prior to the agreed upon performance time.  In the event of an anticipatory repudiation, the statutory period of limitations does not begin until the fixed day of...

Constitutional Law——School Voucher Programs Providing Access to Private Religious Schools Do Not Violate the Establishment Clause——Zelman v. Simmons-Harris, 536 U.S. 639 (2002)

Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37

The First Amendment to the United States Constitution prevents states from passing laws that purposefully advance or prohibit religion, thereby ensuring the separation of church and state.  In Zelman v. Simmons-Harris, the Supreme Court considered whether a state...

Federal Rules of Evidence 413 and 414: A Guide for Massachusetts Evidentiary Law

Jun 17, 2004 | Notes, Number 4, Print Edition, Volume 37

According to the most recent data, “”[e]very two minutes, somewhere in America, someone is sexually assaulted.””  Studies also estimate that “”1 in 4 imprisoned rape and sexual assault offenders has a prior history of convictions for violent crimes,...

The Ballot Initiative in Massachusetts: The Fallacy of Direct Democracy

Jun 17, 2004 | Notes, Number 4, Print Edition, Volume 37

In 1918, citizens of the Commonwealth of Massachusetts voted to amend the Massachusetts Constitution by approving Article Forty-Eight, thereby creating the right for citizens to enact a law through the initiative process.  An initiative proposal to change an existing...