Jan 17, 2012 | Case Comments, Number 1, Print Edition, Volume 45
The Employee Retirement Income Security Act (ERISA) established certain rights and protections for employee benefit plan participants. In Edwards v. A.H. Cornell & Son, Inc., the Court of Appeals for the Third Circuit considered whether Section 510—ERISA’s...
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 | Case Comments, Number 1, Print Edition, Volume 45
Article XIV of the Massachusetts Constitution, like the Fourth Amendment to the United States Constitution, affords individuals the right to be free from unreasonable searches and seizures. Certain searches and seizures, such as an exit order issued to a passenger 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...
Jan 17, 2012 | Notes, Number 1, Print Edition, Volume 45
Since the emergence of “modern” medicine in America at the turn of the twentieth century, political debate has raged over reforming and expanding access to the healthcare system. While the movement enjoyed limited victories over the years, the Patient Protection and...
Jan 16, 2012 | Case Comments, Number 1, Print Edition, Volume 45
The Federal Tort Claims Act (FTCA) affords private parties the opportunity to bring suit against the United States for certain types of tortious harm caused by government employees. An FTCA claim generally accrues at the time of injury, but in circumstances where...
