Apr 4, 2012 | Notes, Number 2, Print Edition, Volume 45
This Note focuses on how courts in New England determine when an individual is mentally incapacitated due to mental illness. Part II.A presents a description of the evolution of guardianship laws from solely common-law to statutorily based. Part II.B follows this...
Apr 3, 2012 | Notes, Number 2, Print Edition, Volume 45
This Note will begin by examining the historical background of the constitutional standards for search and seizure analysis. Next, it will address the gradual erosion of the particularized-suspicion requirement, illustrating the modern trend of courts to allow...
Apr 3, 2012 | Notes, Number 2, Print Edition, Volume 45
This Note will explore the effects and ramifications when the former employee chooses self-employment in an effort to mitigate the damages of the wrongful discharge. It will begin by providing an overview of the history of mitigating damages through self-employment,...
Jan 17, 2012 | Notes, Number 1, Print Edition, Volume 45
Article XVII of the Massachusetts Declaration of Rights guarantees a right to keep and bear arms for the common defense. The Supreme Judicial Court (SJC)—Massachusetts’s highest court—has interpreted article XVII as preserving a right to keep and bear arms in...
Jan 17, 2012 | Notes, Number 1, Print Edition, Volume 45
Approximately eighty-two years after Justice Brandeis’s dissent in Olmstead v. United States, the United States Court of Appeals for the Ninth Circuit held that the warrantless placement of a global positioning system (GPS) on a criminal suspect’s vehicle did not...