Jan 16, 2012 | Case Comments, Number 1, Print Edition, Volume 45
The Federal Tort Claims Act (FTCA) affords private parties the opportunity to bring suit against the United States for certain types of tortious harm caused by government employees. An FTCA claim generally accrues at the time of injury, but in circumstances where...
Nov 22, 2011 | Case Comments, Number 4, Print Edition, Volume 44
The United States judiciary will defer to the executive branch on matters of foreign policy and national security when evaluating the need for secrecy. The state secrets doctrine, a common-law evidentiary privilege, permits the government to bar the disclosure of...
Nov 22, 2011 | Case Comments, Number 4, Print Edition, Volume 44
The Fourth Amendment’s proscription against unreasonable searches and seizures effectively limits the federal government’s power to invade an individual’s privacy. Under certain circumstances, however, courts have deemed searches that protect a police officer or...
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 | 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...
