Gun-Shy Originalism: The Second Amendment’s Original Purpose in District of Columbia v. Heller

Jun 6, 2011 | Notes, Number 2, Print Edition, Volume 44

In District of Columbia v. Heller, the Supreme Court held that the Second Amendment protects an individual right to keep and bear arms for self-defense.  In doing so, the Court settled the long-debated question of whether the Second Amendment applies outside the...

When Rape Isn’t Like Combat: The Disparity Between Benefits for Post-Traumatic Stress Disorder for Combat Veterans and Benefits for Victims of Military Sexual Assault

Jun 6, 2011 | Notes, Number 2, Print Edition, Volume 44

This Note begins by describing the process for seeking benefits as a disabled veteran in the United States.  It next examines how PTSD due to sexual assault is subject to a higher level of scrutiny in the benefit application process.  The Note then considers the...

Miscarriage of Justice: Appellate Review of Unpreserved Constitutional Objections to the Admission of Evidence in Massachusetts

Jun 6, 2011 | Notes, Number 2, Print Edition, Volume 44

This Note argues that, absent objection at trial, the Massachusetts courts should review admission of objectionable evidence as potential ineffective assistance of counsel, rather than as error under the miscarriage of justice standard.  Part II.A discusses the impact...

The EEZ Solution to Striper Management: Why the Federal Government Should Ban the Commercial Harvest of Striped Bass Once and For All

Jun 6, 2011 | Notes, Number 2, Print Edition, Volume 44

The striped bass has long been a symbol of America’s coastal bounty.  During his maiden voyage into the Chesapeake Bay in 1608, Captain John Smith observed of the striped bass, “I myself at the turning of the tyde have seen such multitudes that it seemed to me that...

Constitutional Law-Ninth Circuit Characterizes Taser as “Intermediate” Level of Force Requiring Justification of Strong Governmental Interest-Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010)

Jun 6, 2011 | Number 2, Print Edition, Volume 44

When analyzing a claim under 42 U.S.C. § 1983 that a law enforcement officer used excessive force during the course of a seizure, courts typically use the objective reasonableness standard of the Fourth Amendment.  In Bryan v. MacPherson, the Court of Appeals for the...

Copyright Law-Seventh Circuit Holds Product Photography Sufficiently Creative for Copyright as Derivative Works-Schrock v. Learning Curve Int’l, Inc., 586 F.3d 513 (7th Cir. 2009)

Jun 6, 2011 | Number 2, Print Edition, Volume 44

Originality stands as both a constitutional and statutory prerequisite for copyright protection.  Nevertheless, the absence of a clear definition of copyright originality in the Copyright Act and in judicial application has lead to uncertainty regarding the meaning of...