Constitution Symposium | Suffolk Law Review

The Massachusetts Constitution—The Last Thirty Years

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

Symposium-The Massachusetts Constitution of 1780 The Constitution of the Commonwealth has never been more significant for the rights of individuals than in the past thirty years. Although the greater impact has been on the rights of criminal defendants, the...

Foreward: Symposium—The Massachusetts Constitution of 1780

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

Symposium-The Massachusetts Constitution of 1780 This issue of the Suffolk University Law Review acknowledges, and celebrates, the 230th anniversary of the Massachusetts Constitution of 1780. It is appropriate to do so. Not so long ago, state constitutions were...

“You Have the Right to an Attorney,” but Not Right Now: Combating Miranda’s Failure by Advancing the Point of Attachment Under Article XII of the Massachusetts Declaration of Rights

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

Symposium-The Massachusetts Constitution of 1780Over forty years’ worth of popular culture has led most Americans to believe that they have a “right to an attorney” upon arrest. We have watched this familiar scene unfold in countless movies and television shows: the...

Prophylactic Rules and State Constitutionalism

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

This article argues that even if states ought to defer to the Supreme Court concerning the meaning of cognate constitutional provisions, such deference is not required in considering the reach of prophylactic rules. Such rules, while constitutional in status, are not...