Insuring the Knot: The Massachusetts Approach to Postnuptial Agreements

Apr 6, 2012 | Notes, Number 2, Print Edition, Volume 45

As divorce rates in the United States continue to skyrocket, couples keep searching for new ways to protect their relationships and their wallets. Thanks to the contractual nature of the marital relationship, the wary fiancé or exhausted spouse may dictate certain...

Civil Procedure—Ninth Circuit Focuses on Importance of Subsidiary Rather Than Control to Impose General Jurisdiction over Foreign Corporation—Bauman v. DaimlerChrysler Corp., 644 F.3d 909 (9th Cir. 2011)

Apr 5, 2012 | Case Comments, Number 2, Print Edition, Volume 45

The Supreme Court of the United States has established that general personal jurisdiction allows a forum to exercise authority over a defendant to adjudicate claims that do not arise from the defendant’s contacts within the forum state.  Since the advent of the modern...

Do Friends Need the Law? Examining Why Friendship Matters and What Governments Can Do for This Important, Though Often Overlooked, Relationship

Apr 5, 2012 | Notes, Number 2, Print Edition, Volume 45

This Note will analyze whether the law should do more for the institution of friendship. Throughout Part II of this Note, I will provide an overview of different works of classical philosophy to help familiarize the reader and to understand their relevance to a...

Only as Strong as the Missing Link: The Unsteady Constitutionality of the Adam Walsh Act

Apr 4, 2012 | Notes, Number 2, Print Edition, Volume 45

This Note will examine constitutional challenges to the Adam Walsh Act, analyze the history of relevant jurisprudence, discuss the flaws in the Supreme Court’s opinion, and offer recommendations for legislative modification.  Parts II.A and II.B will discuss the...

Legal Guardianship of Individuals Incapacitated by Mental Illness: Where Do We Draw the Line?

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...

The Federalist Papers, the Commerce Clause, and Federal Tort Reform

Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45

In the modern era, Congress has enacted many federal “tort reform” statutes that supersede contrary state laws, and judicial precedents leave little doubt as to their constitutionality.  Even President Ronald Reagan, known for his deference to the states, established...