Law Review Symposium Goes Virtual

As we continue our collective fight against COVID-19, through the “new normal” of pandemic life emerges a new platform for the Western New England Law Review: a fully virtual Symposium event. For the 2020–2021 academic year, the Review invites all interested members of the public to its first virtual Symposium: NEW ABOLITIONISM: Ending Civil Immigration Detention and… Read More

Special Immigrant Juvenile Status: Abused Children Seeking State Court Intervention

By Caroline M. Foley Undocumented children in the United States are especially vulnerable due to their lack of access to resources, when compared to children with legal status. For instance, they are five times more likely to come into state care due to sexual abuse. This vulnerability is exacerbated when they are victims of abuse, abandonment, and/or neglect by… Read More

Arun Kumar Judgment—A Gender Spectrum Model of Marriage in India

“She, who never knew which box to tick, which queue to stand in, which public toilet to enter (Kings or Queens? Lords or Ladies? Sirs or Hers?). . . She, who knew she was all wrong, always wrong. She, augmented by her ambiguity.“ — Arundhati Roy, The Ministry of Utmost Happiness By Aastha Khanna and… Read More

Massachusetts Wages Cupcake Wars During Pandemic

By Jessica Gandy and Daryl James Retired salon owner and daycare provider Marcia Donnelly did not want to fight City Hall. She just wanted to sell home-baked sourdough bread from her kitchen in Southbridge. Homemade food businesses are common and easy to start in most states, and have become increasingly popular amidst the COVID-19 lockdowns.… Read More

An Examination of the Good Moral Character Requirement

By Alexander Cerbo The good moral character requirement is an essential component of federal immigration efforts; it ensures a “virtuous polity” and protects American ideals. However, while the United States holds itself out as a safe haven for those who seek a better life, it only welcomes those whom we deem belong. With more policies to remove… Read More

Commonwealth v. Bohigian: Is There a Warrant Exception to the Statutory Consent Requirement for Blood Draws?

Law Offices of Joseph D. Bernard

On February 10, 2020, the Supreme Judicial Court (SJC) heard oral argument on whether or not there is a search warrant exception to the statutory requirement that there be consent prior to a blood draw in cases of operating under the influence. Under Massachusetts law, G.L. c. 90, section 24(1)(e) and (f), consent is required for a blood draw at the request of law enforcement in order for the evidence to be admissible in court and an individual who is under arrest or suspected of operating under the influence has a statutory right to refuse a blood or breath test. However, does obtaining a search warrant for a forcible blood draw render the statute inapplicable? Read More

Massachusetts Consumers Rejoice – National Debt Collector Pays Millions for Debt Collection Tactics Found to be Deceptive and Unfair

By Justin Dion

Debt collection is a necessary evil in the world of lending and finance. The higher a lender’s non-payment rate, the more other borrowers end up paying to borrow money with higher interest rates to offset other losses. Due to historically barbaric practices, debt collection is now a heavily regulated industry, with broad federal and state regulations in place. Current regulations seek to balance the contractual rights of creditors to be repaid the money they loaned, with borrowers rights to be treated fairly and honestly. Read More

Are Puerto Rico and the United States Separate Sovereigns for the Purposes of the Double Jeopardy Clause?

A case recently decided by the Supreme Court considered the legal nature of the relationship between Puerto Rico and the United States for purposes of the Double Jeopardy Clause. In Puerto Rico v. Sanchez Valle, the Supreme Court examined whether defendants in a criminal case can be prosecuted under the local laws of Puerto Rico if they have been previously convicted under the jurisdiction of the U.S. federal courts for the same conduct. Read More

Law Review Symposium Will Celebrate 100 Years of Women’s Right to Vote

The goal of this year’s Law Review Symposium is to commemorate the centennial of the Nineteenth Amendment by providing a forum to discuss the historic centennial of women’s suffrage and explore its relevance in politics today. As is evident throughout history, the representation of women in politics has not always been an equal one. The Symposium will discuss and analyze the different pathways women have taken during their journey to acquire equal rights under the law as it pertains to voting. Although the Nineteenth Amendment affords women the right to vote, it is imperative to note the fight for equality is one that is ongoing. Read More

Democracy, Defamation, and Defining the Right to Petition: Slapping Some Sense into Anti-SLAPP Litigation

When I began drafting my Note, “See Ya in Boston, Bruh”: Making the Link Between the Right to Petition, Activism, and the Massachusetts Anti-SLAPP Statute, in September 2017, democracy was in the midst of a decade-long global recession. According to the Economist Intelligence Unit’s Democracy Index, the United States’ democratic status was particularly precarious. Plagued by high levels of distrust in political institutions and low levels of political participation, the United States dropped in rank from a full democracy to a flawed democracy—joining the ranks of over fifty countries, including Guatemala, Thailand, and Sierra Leone. Read More