By Michael Conklin Private companies are largely free to censor speech without implicating First Amendment protections. However, many of the reasons why government censorship is harmful are also applicable to private sector censorship. With the increasing role social media companies play in disseminating information, understanding the harms of private sector censorship is more important now than ever… Read More
By Brittany K. Bandani Thirty years ago, less than 2% of custody and visitation disputes involved any allegations of child sexual abuse, despite it being an alarmingly common occurrence in this country. Today, as more survivors of child sexual abuse come forward, a troubling trend has emerged—mothers who allege paternal sexual abuse of their children are more likely to lose custody,… Read More
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
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
“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
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
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
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
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
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
Western New England Law Review 