A Yawning Black Abyss:* Section 35 and the Equal Protection of Women in the Commonwealth of Massachusetts

Dec 26, 2013 | Lead Articles, Number 4, Print Edition, Volume 46

In Massachusetts, an individual with a drug or alcohol problem may be confined against his or her will in a publicly funded detoxification facility. Such a confinement is known as a civil commitment, and may occur (pursuant to chapter 123, section 35 of the...

Analyzing the Tension Between Military Force Reductions and the Constitution: Protecting an Officer’s Property Interest in Continued Employment

Dec 26, 2013 | Lead Articles, Number 4, Print Edition, Volume 46

In 2011, the unemployment rate for military veterans discharged between the years 2001 and 2011 stood at 12.1%. The jobless rate for all veterans stood at 8.3%. Meanwhile, the overall unemployment rate hovered at 8.8%. Between the U.S. government’s current budgetary...

Securities Law—Second Circuit Accepts Rule 10b-5 Pleading of Economic Loss After Share-Price Recovery—Acticon AG v. China North East Petroleum Holdings Ltd., 692 F.3d 34 (2d Cir. 2012)

Dec 26, 2013 | Case Comments, Number 4, Print Edition, Volume 46

Securities and Exchange Commission (SEC) Rule 10b-5 provides the principal remedy for private investors ensnared in fraudulent securities transactions. A successful pleading of a fraud-on-the-market claim under Rule 10b-5 requires a showing of actual economic loss...

Cyber Law—Dismissing Employer’s Claim Under the CFAA Against Former Employees Who Allegedly Misappropriated Trade Secrets—WEC Carolina Energy Solutions LLC v. Miller, 687 F.3d 199 (4th Cir. 2012), cert. dismissed, 133 S. Ct. 831 (2013)

Dec 26, 2013 | Case Comments, Number 4, Print Edition, Volume 46

Among other things, the Computer Fraud and Abuse Act (CFAA) provides for civil and criminal penalties when a person, “intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information from any protected computer.”...

Copyright Law—Southern District of Texas Still Has Dial-Up and Holds Uploaded Webpages Not Published or Accessible—Rogers v. Better Business Bureau of Metropolitan Houston, Inc., 887 F. Supp. 2d 722 (S.D. Tex. 2012)

Dec 26, 2013 | Case Comments, Print Edition, Volume 46

In order to bring a copyright infringement suit before a court, the work must first have been registered with the United States Copyright Office (Copyright Office). In addition to permitting copyright infringement actions, a copyright’s registration “constitute[s]...

Lighten Up: Should Massachusetts Implement a Smoking Surcharge for State Employees?

Dec 26, 2013 | Notes, Number 4, Print Edition, Volume 46

On November 18, 2010, Anna Jaques Hospital in Newburyport, Massachusetts revealed its new hiring policy. Under the policy, the hospital will not hire any prospective employees who test positive for nicotine. Anna Jaques Hospital’s policy is part of a national trend...