Tightening the Bridle: Guiding Judicial Discretion in Child Custody Decisions (Pending Massachusetts House Bill 1207)

Feb 14, 2020 | Vol. 50 - Book 2, Volume 50

“The Supreme Judicial Court and the Supreme Court of the United States have recognized that parents have a fundamental interest in their relationships with their children that is constitutionally protected. This interest is one of the ‘liberty’ interests protected by...

A Square Peg in a Round Hole: The Illogical and Impractical Application of Rosemond to Strict Liability Sex Crimes

Feb 14, 2020 | Vol. 50 - Book 2, Volume 50

“[W]here the facts with regard to an issue lie peculiarly in the knowledge of a party, that party is best situated to bear the burden of proof. By abandoning that rule in cases involving aiding and abetting . . . the Court creates a perverse arrangement whereby the...

Tougher Measures: How the New Massachusetts Strangulation Law Demonstrates the Need for Stricter Penalties and “No-Drop” Prosecution Policies in Domestic Violence Disputes

Feb 14, 2020 | Vol. 50 - Book 2, Volume 50

In domestic violence disputes, strangulation is one of the strongest indicators that the perpetrator will murder the victim; stranglers often use this violent act to demonstrate their power and control over their victims. Several studies reveal that thirty to...

Federal Sentencing Reform: Will Changing the Sentencing Discretion Regarding the Armed Career Criminal Act Violate Due Process?

Feb 14, 2020 | Vol. 50 - Book 2, Volume 50

Since the implementation of the Armed Career Criminal Act of 1984 (ACCA), the U.S. Supreme Court has grappled with defining certain aspects of it. The ACCA calls for a fifteen-year mandatory minimum prison sentence for offenders who illegally possess a firearm and...

Constitutional Law – Eleventh Circuit Rejects Federal “Look Through” Approach on Federal Habeas Corpus Petitions – Wilson v. Warden, Georgia Diagnostic Prison, 834 F.3d 1227 (11th Cir. 2016) (en banc), cert. granted sub nom. Wilson v. Sellers, No. 16-6855, 2017 WL 737820 (S. Ct. Feb. 27, 2017) (mem.)

Feb 14, 2020 | Case Comments, Vol. 50 - Book 2, Volume 50

A petition for a writ of habeas corpus is a civil post-conviction motion the first Congress borrowed from English common law to guard against the unconstitutional detainment of persons protected by the new Constitution. The Antiterrorism and Effective Death Penalty...

Trust Law – Beneficiary’s Interest in Open-Class Discretionary Trust Amounts to Mere Expectancy Despite Ascertainable Standard – Pfannenstiehl v. Pfannenstiehl, 55 N.E.3d 933 (Mass. 2016)

Feb 14, 2020 | Case Comments, Vol. 50 - Book 2

Since 1973, all federal courts have used the three-stage analysis established in McDonnell Douglas Corp. v. Green to decide a vast majority of intentional employment discrimination cases. During the 1990s, an increasing number of commentators criticized the McDonnell...