Ending Marriage Discrimination: A Work in Progress

Jun 8, 2007 | Lead Articles, Number 4, Print Edition, Volume 40

The Gay and Lesbian Advocates and Defenders (GLAD) seeks to end privileged places in law based on sexual orientation. The first Justice Harlan, dissenting in Plessy v. Ferguson, stated that we do not have classes of citizens in our Constitution. But of course we do....

Constitutional Law—Congress’s Authority to Abrogate State’s Eleventh Amendment Immunity Under Title II—Toledo v. Sanchez, 454 F.3d 24 (1st Cir. 2006), cert. denied No. 06-779, 2007 WL 789372 (U.S. Mar. 19, 2007)

Jun 8, 2007 | Case Comments, Number 4, Print Edition, Volume 40

The Eleventh Amendment prohibits private individuals from suing nonconsenting states in federal court. Congress, however, may abrogate a state’s Eleventh Amendment immunity under certain conditions. In Toledo v. Sanchez, the United States First Circuit Court of...

Criminal Law—Federal Sentencing Guidelines Remain an Important Consideration in the Sentencing Process—United States v. Jimenez-Beltre, 440 F.3d 514 (1st Cir. 2006)

Jun 8, 2007 | Case Comments, Number 4, Print Edition, Volume 40

In 1984, Congress enacted the Sentencing Reform Act (SRA) with the purpose of restoring fairness, consistency, and proportionality to the practice of sentencing in the federal courts.  Pursuant to the SRA, Congress adopted the Federal Sentencing Guidelines...

Evolving Judicial Review of Arbitration Awards: Is Massachusetts Lagging Behind in a “Manifest Disregard” of Arbitrators’ Substantive Errors of Law?

Jun 8, 2007 | Notes, Number 4, Print Edition, Volume 40

The latter half of the twentieth century generated a commercial environment friendly to dispute resolution outside the judicial arena. Evolving as a creature of contract, arbitration arose from the ashes of failing business relationships to promote efficiency,...

Immigration Law—Nunc Pro Tunc Relief Unavailable Where Erroneous Legal Interpretation Rendered Alien Ineligible for Deportation Waiver—Pereira v. Gonzales, 417 F.3d 38 (1st Cir. 2005)

Jun 8, 2007 | Case Comments, Number 4, Print Edition, Volume 40

An alien convicted of an aggravated felony is deportable from the United States.  Under former section 212(c) of the Immigration and Nationality Act (INA), however, certain classes of lawful permanent residents convicted of deportable offenses are eligible to apply...

The Big Dig Disaster: Was Design-Build the Answer?

May 29, 2007 | Notes, Number 4, Print Edition, Volume 40

Boston’s Central Artery Project, the Big Dig, replaced the city’s elevated highways with a series of underground tunnels.  Since its inception in 1983, the Big Dig has plagued the Commonwealth of Massachusetts with problems.  The initial $2.6 billion project budget...