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...

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...

Writing Scripts for Silent Movies: How Officer Experience and High-Crime Areas Turn Innocuous Behavior into Criminal Conduct

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...

Discriminatory Opportunism: Why Undertaking Self-Employment to Mitigate Damages Creates Unique Challenges

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,...