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...

Exploring How Municipal Boards Can Settle Appeals of Their Land Use Decisions Within the Framework of the Massachusetts Open Meeting Law

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

 Symposium-The Massachusetts Constitution of 1780One of the enduring issues in zoning law is how to resolve appeals involving the grant of zoning special permits or other discretionary decisions made by the municipal boards that have jurisdiction over some aspect of...

But See Guiney: Revisiting Mandatory Random Suspicionless Drug Testing of Massachusetts Public-Sector Safety-Sensitive Employees in Light of House Bill 2210

Jun 6, 2011 | Notes, Number 2, Print Edition, Volume 44

 Symposium-The Massachusetts Constitution of 1780 On August 29, 2007, a grease fire in West Roxbury killed two members of the Boston Fire Department.  According to media reports of the autopsy results, the firefighters were under the influence of alcohol and drugs at...