Nov 22, 2011 | Lead Articles, Number 4, Print Edition, Volume 44
Often enough, laws respond to the serious needs and desires of a society. At other times, society will render the law essentially ineffective because it goes against the grain of society’s moral direction. Prohibition, as well as laws against abortion, fornication,...
Oct 11, 2011 | Lead Articles, Number 3, Print Edition, Volume 44
The topic of gene patents is as controversial as it is misunderstood, and the law surrounding these patents was not made any clearer following the United States District Court for the Southern District of New York’s decision in the Myriad patent case. The concept...
Oct 11, 2011 | Case Comments, Number 3, Print Edition, Volume 44
Massachusetts grants judges broad discretion when determining the relevancy of evidence. The Massachusetts Guide to Evidence Section 403 (Section 403) states that relevant evidence is admissible unless the trial judge believes the probative value of the evidence is...
Oct 8, 2011 | Lead Articles, Number 3, Print Edition, Volume 44
Corruption, in its many guises, is a global phenomenon to be contended with in commerce, politics, and day-to-day life. And in some countries, according to Transparency International (TI), it has become deeply embedded in the very fabric of society. The international...
Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44
The Ex Post Facto Clause of the United States Constitution prohibits retroactive laws that alter the definition of or increase the penalty for a criminal offense. Accordingly, the use of amended sentencing guidelines at the time of sentencing, which call for a...
Oct 8, 2011 | Case Comments, Number 3, Print Edition, Volume 44
The United States Constitution and the Montana Constitution protect a natural parent’s fundamental right to parent his or her children. Courts have, however, differed in defining the extent of that right and the protection it affords the natural parent in relation to...
