- 50th Anniversary
- Online Edition
- Print Edition
- Donahue Lecture Series
How is it possible to turn brown to green? Think back to elementary school when you learned about the color wheel, and with great determination, you would mix colors together to get the exact hue needed for your painting. It was easy to mix the wrong colors and end up with a dirty brown. Once your palette was dirtied, it was nearly impossible to return to the brilliant colors with which you started and get a second shot at getting it right. . . .
The fundamental goal of the Federal Rules of Civil Procedure (Federal Rules), as set out in Rule 1, is “to secure the just, speedy, and inexpensive determination of every action and proceeding.” Prior to the adoption of the Federal Rules, both state and federal courts had long battled a list of obstacles that prevented courts from securing a fair and effective litigation system. Chief among those difficulties were the excessive technicalities of pleading practice and the substantial backlog of cases awaiting trial. But today, almost seventy-five years after the adoption of the Federal Rules, discovery, a necessary complement to notice pleading, has often become a nightmare in the judicial administration of complex federal litigation. . . .
Recent sentiments toward businesses, particularly in response to the 2008 crash of the U.S. housing market, have dramatically changed consumer attitudes about primarily profit-driven business practices, and steered sales toward more socially minded companies. Revolt against corporate greed coupled with the widening gap between the financially elite and the middle class further emphasizes the need for businesses to focus more on the evolving desires of their consumers. . .
Consumers in Massachusetts have been protected from acts of unfair and deceptive trade by chapter 93A of the Massachusetts General Laws (93A) since 1967. Liability occurs under 93A only when the defendant is engaged in trade or commerce. To date, courts have held that public charities and nonprofits, while engaged in their charitable missions, are not engaged in trade or commerce, and therefore those entities have traditionally been found to be outside the reach of 93A claims. In the near future, however, the courts may have another chance to determine if, and under what circumstances, public charities may be engaged in trade or commerce. . . .
As of April 2012, 12.5 million Americans were unemployed and the domestic economy remained stagnant. While the U.S. economy struggles to pull itself out of a recession, perhaps taking a lesson from history, Congress has focused on small-business job creation as a means of stimulating the economy. The latest congressional scheme deregulates the capital markets to permit emerging growth companies (EGCs) greater access to investment funding, thereby fostering small-business growth, and ultimately creating more U.S. jobs in the process. Specifically, in 2012, Congress enacted the Jumpstart Our Business Startups Act (JOBS Act) to carry out its economic policy objectives. . . .
A trademark is a symbol that allows a consumer to distinguish a good from similar goods sold by others. As such, a trademark is a legally recognized form of intellectual property that exists solely as a manifestation of the goodwill engendered by a company or product. One of the most important properties of modern trademark law is the ability of the trademark owner to allow another party to use the trademark through a licensing agreement. This conveyance helps maximize the overall economic efficiency of the trademark. Since the adoption of the Lanham Act, the economy has experienced an expansive growth in trademark licensing agreements, raising revenues for both the licensor and licensee. . .
In 2010, federal prosecutors indicted Jason Pleau after he shot and killed a man outside of a Rhode Island bank. The indictment appeared to be a sure sign that the federal government would seek the death penalty against Pleau, given that Pleau had already agreed to plead guilty to state charges and accept a life sentence without the possibility of parole. When federal prosecutors requested Rhode Island prison officials transfer Pleau to federal custody for prosecution, however, Rhode Island Governor Lincoln Chafee responded in unprecedented fashion: Chafee refused to turn Pleau over, citing Rhode Island’s long-standing opposition to the death penalty. . .
The Second Amendment to the U.S. Constitution protects the right of an individual to possess a firearm independent of service in a militia, and to use that firearm for traditionally lawful purposes like self-defense. This right is not unlimited and does not obliterate certain prohibitions on individuals’ possession of firearms. Moreover, certain restrictions on the type of firearms individuals can possess have successfully withstood judicial scrutiny. . .
The Fourth Amendment to the U.S. Constitution prohibits searches and seizures conducted without prior approval by a judge or magistrate, but this general rule is subject to several exceptions. One such exception allows a police officer to search a person in the course of a lawful arrest. . .
The Fourth Amendment protects the right of the people to be free from “unreasonable searches and seizures.” Despite this constitutional guarantee, the Supreme Court has carved out numerous exceptions to the warrant requirement, most notably, allowances for searches made in the interest of police officer safety. In People v. Colyar, the Illinois Supreme Court confronted the issue of whether a bullet observed in a vehicle during a lawful encounter was sufficient to justify a protective sweep of the vehicle despite the fact that possessing a bullet is not per se illegal. The court held that a protective search for weapons was justified under the circumstances. . .