May 26, 2008 | Lead Articles, Number 4, Print Edition, Volume 41
The accession of Deng Xiaoping to leadership in China after the death of Mao Zedong in 1978 provided the impetus for the revival of China’s legal system. That commitment to build a rule of law has contributed to China’s current phenomenal growth. More recently,...
May 26, 2008 | Notes, Number 4, Print Edition, Volume 41
Publicly traded firms, in the wake of the Enron and WorldCom collapses, face increased scrutiny from the Department of Justice, the SEC, state attorneys general, an active plaintiff’s bar, stock exchanges, and the 2002 Sarbanes-Oxley Act (Sarbanes). Firms...
May 26, 2008 | Lead Articles, Number 4, Print Edition, Volume 41
When I was trying to come up with a topic for the Donahue Lecture and Essay, my law clerks suggested that I focus on the unintended complications that appellate courts sometimes impose on district judges. From guest sittings on the Court of Appeals, I have learned...
May 26, 2008 | Lead Articles, Number 4, Print Edition, Volume 41
Symposium—The Employment and Labor Law Professor as Public Intellectual: Sharing Our Work with the World I want to thank the Section on Labor Relations and Employment Law, specifically David Yamada and the other organizers of this panel, for choosing the theme that...
May 20, 2008 | Notes, Number 4, Print Edition, Volume 41
The Massachusetts Constitution declares the equality of all people and the right of all people to practice religion as they see fit. In article XVIII, the Massachusetts Constitution also declares it unlawful for the state government to pass any law that prohibits an...
May 20, 2008 | Case Comments, Number 4, Print Edition, Volume 41
Prohibitions against double jeopardy, whether based on the Double Jeopardy Clause of the United States Constitution or the right provided by Massachusetts law, prevent the government from subjecting individuals to the hazards of standing trial more than once for the...
