Constitutional Law—Supreme Court Avoids Lawfulness of Enemy Combatants’ Detention by Resolving Case on Jurisdictional Grounds—Rumsfeld v. Padilla, 124 S. Ct. 2711 (2004)

May 24, 2005 | Case Comments, Number 4, Print Edition, Volume 38

The habeas corpus writ offers a last resort for petitioners seeking to raise their right to be free from wrongful restraints upon their liberty.  To avoid dismissal, the petitioner must not only file a habeas petition in the appropriate jurisdiction, but also name the...

Sarbanes-Oxley Act Hastily Extinguishes Executive Loans: Recommending Less Drastic Regulatory Alternatives

May 24, 2005 | Notes, Number 4, Print Edition, Volume 38

Corporate law is generally a function of state law.  While the Federal Government has the power to trump state corporate law, it has historically refrained from intruding upon internal corporate affairs unless the issue rose to a level of national importance.  In the...

Should Pre-Enforcement Judicial Review of Administrative Compliance Orders Be Available Under the Clean Air Act?

May 24, 2005 | Notes, Number 4, Print Edition, Volume 38

Congress’ enactment of the Clean Air Act (CAA) granted the United States Environmental Protection Agency (EPA) authority to develop and implement programs for air pollution prevention.  Although the traditional route to ensure compliance with an environmental law is...

The Medical Peer Review Privilege in Massachusetts: A Necessary Quality Control Measure or an Ineffective Obstruction of Equitable Redress?

May 24, 2005 | Notes, Number 4, Print Edition, Volume 38

Human fallibility has long necessitated quality control measures in most professions.  In the sensitized health care context, such measures bear heavy scrutiny and conjure up zealous advocacy.  Medical error seized a national spotlight in the 1970s and 1980s as...

Why There Should Be Fewer Articles Like This One: Law Professors Should Write More for Legal Decision-Makers and Less for Themselves

May 24, 2005 | Lead Articles, Number 4, Print Edition, Volume 38

Today we step into an important and often heated debate about the role of law schools in legal education.  Some say that law professors should impart less knowledge about doctrine and more about policy and broader social issues, while others decry the declining place...

Constitutional Law—Defendant’s Sixth Amendment Right Violated When Court’s Sentencing Exceeds Statutory Maximum—Blakely v. Washington, 124 S. Ct. 2531 (2004)

May 24, 2005 | Case Comments, Number 4, Print Edition, Volume 38

The United States Constitution’s Sixth Amendment protects a criminal defendant’s right to a jury trial.  Although the Fourteenth Amendment’s Due Process Clause demands that the state prove to a jury each element of the crime charged beyond a reasonable doubt, facts...