81 results
Search Results
2. Recalled Government Papers Prompt Librarian Protest, Then Reversal.
- Author
-
Blumenstein, Lynn and Oder, Norman
- Subjects
GOVERNMENT publications ,PUBLIC domain (Copyright law) ,ACTIONS & defenses (Law) ,DEPOSITORY libraries ,FREEDOM of information ,PUBLIC libraries ,LIBRARY associations - Abstract
This article looks at the recall of government papers from libraries and how the protest of librarians reversed the government's position. The controversy began after the DOJ requested through the GPO's Superintendent of Documents that five documents distributed on civil and criminal asset forfeiture procedures were to be withdrawn and destroyed immediately, as they are intended for internal use only. The documents were Civil and Criminal Forfeiture Procedure, Select Criminal Forfeiture Forms, Select Federal Asset Forfeiture Statutes, Asset forfeiture and Money Laundering Resource Directory, and Civil Asset Forfeiture Reform Act of 2000 (CAFRA). Librarians, however, launched a campaign to reverse the order and the American Library Association (ALA) submitted a Freedom of Information Act (FOIA) request, asking why DOJ requested that documents that have been available for as long as four years be removed. Boston Public Library president Bernie Margolis, in a statement on the ALA Council electronic list, said he had asked that the decision be reconsidered and noted that he had copied the documents for cataloging as part of BPL's collection. Though DOJ officials said that the materials were inappropriately distributed to depository libraries through an error, Superintendent of Documents Judith Russell noted that the agency determined that these materials are "not sufficiently sensitive to require removal from the depository library system."
- Published
- 2004
3. Boston Univ. sued for return of King's papers.
- Author
-
DeCandido, GraceAnne A.
- Subjects
MANUSCRIPTS ,ARCHIVES ,UNIVERSITIES & colleges ,ACTIONS & defenses (Law) - Abstract
Reports on a lawsuit filed by Coretta Scott King against Boston University for the return of the papers of the late Martin Luther King Jr. King's deposit of his papers at the university in 1968; Claim that the papers belong to King's estate, not the university; Proposal that the papers be kept at the King Center for Nonviolent Social Change in Atlanta, Georgia.
- Published
- 1988
4. Tax Ruling Exposes Company Data to More Scrutiny.
- Author
-
Whitehouse, Tammy
- Subjects
GOVERNMENT accounting ,INTERNAL revenue law ,ACTIONS & defenses (Law) - Abstract
The article reports that the First Circuit Court of Appeals in Boston, Massachusetts handed down a ruling that allows the Internal Revenue Services (IRS) to access work papers of Textron Inc. It cites that the papers are created by the company while studying the tax implications of sale-in, lease-out (SILO) transactions. However, Textron refused to show the papers due to risks associated in it. Payson Peabody says that the opinion of the company reinforces the government to access the documents.
- Published
- 2009
5. Mobilization of Losers?: Opposition to Gay Marriage and the Massachusetts Supreme Court Decision.
- Author
-
Sitman, Matthew
- Subjects
- *
LEGAL judgments , *ACTIONS & defenses (Law) , *SAME-sex marriage laws , *SAME-sex relationships - Abstract
This paper offers an interpretation of court decisions and social change by examining the conservative response to the case of Goodridge v. Department of Public Health, which legalized same-sex marriage in the state of Massachusetts. Rather than focusing on progressive change, or lack thereof, after a court decision, the evidence here suggests the real importance of a court decision may be in its ability to instigate the mobilization of losers. In short, it is not that court decisions do not result in change; rather, it is that the change is not always progressive but reflective of a strong response from those the courts ruled against. [ABSTRACT FROM AUTHOR]
- Published
- 2005
6. Lawsuit sheds light on controversial heart stem cell papers.
- Author
-
Servick, Kelly
- Subjects
- *
HOSPITALS , *STEM cell research , *RESEARCH bias , *ACTIONS & defenses (Law) - Abstract
The article reports on a lawsuit filed against Brigham and Women's Hospital and Harvard Medical School by cardiac stem cell scientist Piero Anversa. Topics covered include the focus of the complaint on the institutions' deal with stem cell firm Autologous/Progenital. Also mentioned is the alleged misconduct of scientist Jan Kajstura.
- Published
- 2014
7. Researchers debate jury's decision to award King papers to Boston U.
- Author
-
Coughlin, Ellen K.
- Subjects
- *
ACTIONS & defenses (Law) , *UNIVERSITIES & colleges - Abstract
Reports on researchers' debate over a jury's decision to declare the University of Boston as the legal owner of papers deposited there by Martin Luther King, Jr. Reinforcement of the `status quo'; Testimony of Taylor Branch, author of `Parting the Waters: America in the King Years, 1954-1964; King estate versus Blackside Inc.; Lack of an archivist; Symbolism and convenience.
- Published
- 1993
8. How to Interpret the Lotus Decision (And How Not To).
- Author
-
Samuelson, Pamela
- Subjects
- *
COPYRIGHT cases , *ACTIONS & defenses (Law) - Abstract
Focuses on the copyright lawsuit filed by Lotus Development Corporation against Paperback Software in Boston, Massachusetts. Interpretation on the decision of Judge Keeton on the case; Effects of the decision on the development of competitive software products; Historical background of the companies.
- Published
- 1990
- Full Text
- View/download PDF
9. Paper wins suit on settlement info.
- Subjects
DISCLOSURE ,ACTIONS & defenses (Law) - Abstract
Reports that `Union-News' newspaper's lawsuit seeking information about a settlement between officials in Springfield, Massachusetts and a traffic accident victim has ended. Disclosure by the city of the amount of settlement that the family of Benjamin Schoolfield got from the city; Judge Peter A. Velis' ruling that the newspaper was entitled to the information.
- Published
- 1999
10. Judge's Libel Victory Against Paper Is Upheld.
- Author
-
Belluck, Pam
- Subjects
- *
LEGAL judgments , *ACTIONS & defenses (Law) , *NEWSPAPER sections, columns, etc. - Abstract
The article reports that the Supreme Judicial Court in Massachusetts has upheld a $2 million libel verdict in a lawsuit against the newspaper "The Boston Herald" and one of its reporters. The lawsuit concerns a series of articles and columns about Judge Ernest B. Murphy of the Superior Court in Massachusetts. The articles said that Murphy made disparaging comments about crime victims and was lenient with criminals.
- Published
- 2007
11. Boston Church Papers Released; A Pattern of Negligence Is Cited.
- Author
-
Belluck, Pam
- Subjects
- *
SEXUAL misconduct by clergy , *CATHOLIC dioceses , *SEXUAL abuse victims , *ACTIONS & defenses (Law) - Abstract
Discusses the release of documents held by the Roman Catholic Archdiocese of Boston, Massachusetts in the court cases against Father Paul R. Shanley and other priests accused of sexually abusing young children. Documents that allegedly show that top ranking church officials, including Cardinal Bernard F. Law, knew more about cases of sexual abuse than they said; Documents that allege Boston officials placed an incoming priest they knew had just been treated for pedophilia; Recommendation that Father Robert Brown not be placed in a situation where he could be around children; His placement as pastor of a Boston church where he would be in contact with children.
- Published
- 2002
12. Boston's Civil War.
- Subjects
SACCO-Vanzetti Trial, Dedham, Mass., 1921 ,ACTIONS & defenses (Law) ,TRIALS (Law) - Abstract
The article presents a perspective on the impact of the Sacco-Vanzetti case in the city of Boston, Massachusetts. According to the author, the city has absorbed in, and obsessed by the case of two Italian radicals. The author added that the issue has occasioned a controversy of extraordinary bitterness all over the city.
- Published
- 1927
13. SYMPOSIUM: FIDUCIARY DUTIES IN THE CLOSELY HELD FIRM 35 YEARS AFTER WILKES V. SPRINGSIDE NURSING HOME.
- Author
-
REICH-GRAEFE, RENÉ
- Subjects
LEGAL conferences ,WESTERN New England College (Springfield, Mass.). School of Law ,ACTIONS & defenses (Law) ,LAWYERS - Abstract
Information about several papers discussed at a symposium held in Massachusetts on October 15, 2010 which was sponsored by the Western New England College School of Law and School of Business, is presented. Topics include the papers discussing the court case Wilkes v. Springside Nursing Home Inc., law of business enterprises and the U.S. law of business. The symposium featured several attorneys including Eric Gouvin, Lyman Johnson and Mark Loewenstein.
- Published
- 2011
14. Transformative justice: survivor perspectives on clergy sexual abuse litigation.
- Author
-
Balboni, JenniferM. and Bishop, DonnaM.
- Subjects
SEX crimes ,ACTIONS & defenses (Law) ,CLERGY - Abstract
This paper examines the motivations of men and women who entered into mass tort litigation against the Catholic Church, primarily the Archdiocese of Boston, which alleged clergy sexual abuse by Roman Catholic priests. The study is based on in-depth interviews with adult survivors of sexual abuse (perpetrated against boys and girls), and with their attorneys and other legal advocates. We explore the challenges faced by survivor-litigants, as well as their accounts of the subjective experience and meaning of litigation. Our focus is on clarifying petitioners' multiple objectives and illuminating some of the unanticipated ways in which participation in the case offered possibilities for positive, even transformative, outcomes. The study contributes to our understanding of the course and effects of litigation from the perspective of the litigants, and has important implications for the theoretical literature on the transformation of disputes. [ABSTRACT FROM AUTHOR]
- Published
- 2010
- Full Text
- View/download PDF
15. From Hawaii to Massachusetts: The Politics, Interest Groups and Strategy of the Same-Sex Marriage Movement.
- Author
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Aultman, Brandon L. H.
- Subjects
- *
SAME-sex marriage , *MARRIAGE law , *ACTIONS & defenses (Law) - Abstract
The recent California Supreme Court decision, In Re Marriage Cases, regarding same-sex marriage highlights a recent controversy in American law and politics. Although "domestic partnership" protections emerged in 1990 in some states, same-sex couples have been historically relegated off the political agenda. By the mid to late 90s, however, U.S. attitudes would begin change. In 1993, the Hawaii Supreme Court ruled in Baehr v. Lewin that same-sex couples could not be denied marital benefits. Baehr began a fusillade of demonstrations for and against same-sex marriage across the U.S. Although Hawaii later amended its constitution to deny marriage benefits to same-sex couples, its decision had a long term impact. By 1996, the US government adopted the Defense of Marriage Act. In 1999, however, Vermont's Supreme Court created the parameters for "civil unions." In 2003, Massachusetts upheld the protection of same-sex marriage in Goodridge v. Dept. of Health. This trend prompted a threat of federal constitutional amendment in 2004 and 2006. Using aspects of Doug McAdams' political process model and the rational insights of James Q. Wilson, this paper sheds light on the recent trend in state-level litigation for same-sex marriage protections. Answering the question of "why now?" among other critical observations, this paper concludes that in addition to increasing coalitional strength, political opportunities opened up for same-sex marriage activists to successfully participate in the legal process. Since activists were challenged electorally, the American courts emerged as the final alternativeâ??much like the Civil Rights activists in the preceding decades. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2008
16. President Lowell and the Sacco Alibi.
- Subjects
SACCO-Vanzetti Trial, Dedham, Mass., 1921 ,MURDER trials ,ALIBI ,CRIMINAL defense ,JUDICIAL error ,CRIMINAL justice system ,ACTIONS & defenses (Law) - Abstract
Discusses the stand of Harvard University president Abbott Lawrence Lowell on the truth behind the alibi of Nicola Sacco in the controversial Sacco-Vanzetti case in the U.S. Contention of Sacco that he was in Boston seeking passport to Italy at the time of the murder in South Braintree, Massachusetts; Testimonies of fellow Italians Felice Guadagni and Albert Bosco on their claim that they were with Sacco in Boston at the time of the murder: Assertion of Guadagni and Bosco that they went into a banquet hosted by members of the Italian community in honor of editor James T. Williams of the "Boston Evening Transcript"; Results of the investigations suggests that Sacco was lying because Guadagni-Bosco testimonies did not coincide with the actual date of the banquet; Citation of the account of Sacco counsel William G. Thompson that the alleged banquet took place, it was just a matter of typographical error in the paper which said it otherwise; Questions regarding the basis of the court for convicting Sacco despite favorable evidences proving Sacco's innocence.
- Published
- 1929
17. While You Were Away.
- Author
-
CONGDON, TOM
- Subjects
SEXUAL harassment ,ACTIONS & defenses (Law) ,HOUSE selling ,HOUSE buying - Abstract
The article presents a roundup of several notable and unusual events that happened in Nantucket, Massachusetts in 1997. These events include Nantucket Whalers football coach Vito Capizzo's sexual harassment incident with a coed, the move of U.S. stockbroker John Husted to sell his Federal-period house in the historic district, and the purchase of a house by Roger Schmidt in Codfish Park in January 1997.
- Published
- 1997
18. "A Great Machine" or a "Beast of Prey": A Boston Corporation and Its Rural Debtors in an Age of Capitalist Transformation.
- Author
-
Thornton, Tamara Plakins
- Subjects
CUSTOMER relations ,DEBTOR & creditor ,FARMERS ,MORTGAGES ,LOANS ,ACTIONS & defenses (Law) ,TRANSITION economies ,INVESTORS ,CAPITALISM - Abstract
The article focuses on the relationship between the insurance company, Massachusetts Hospital Life Insurance Co. (MHLIC), and its rural farmer debtors during the age of capitalist transformation in Boston, Massachusetts. According to the author, the business relation between the MHLIC and Massachusetts farmers was in tense arrangement. The formal procedures, written contracts, and the necessity of farmers to pay their loans on time were enforced by the threat of lawsuits. This condition has led farmers to undergone difficult transition from a household to a market economy.
- Published
- 2007
- Full Text
- View/download PDF
19. An analysis of the rule 11 sanction: Anderson v. Beatrice's `Thirteenth Chime of the Clock'.
- Author
-
D'Imperio, Anthony
- Subjects
- *
CIVIL procedure , *HAZARDOUS wastes , *ACTIONS & defenses (Law) - Abstract
Examines the invocation of the Rule 11 sanction against plaintiffs in the 1982 lawsuit filed on behalf of eight families against Beatrice Foods and W.R. Grace. Claims that defendants disposed of industrial solvents on the plaintiffs' properties in Woburn, Massachusetts; Sanction of attorneys who do not perform reasonable legal and factual inquiries before filing legal papers.
- Published
- 1998
20. Why do drug companies fear this man?
- Author
-
Simons, John
- Subjects
MEDICARE fraud ,PHARMACEUTICAL industry ,FINES (Penalties) ,MEDICAL care ,CRIMINAL investigation ,MEDICAL care costs ,WHISTLEBLOWING ,LEAKS (Disclosure of information) ,WHITE collar crimes ,COMMERCIAL crimes ,ACTIONS & defenses (Law) ,CORRUPTION - Abstract
Reports on the campaign of U.S. Attorney Michael Sullivan against corruption in the drug industry. Collection of more than $2.2 billion dollars in fines to settle suits for kickbacks to doctors, overcharging, and marketing drugs for unapproved uses; Statistics on the cost of medical care fraud; Charges against TAP Pharmaceuticals, Bayer, GlaxoSmith Kline, AstraZeneca, Pfizer; Background of Sullivan and his team; Role of the public in the investigations; Whistleblower settlements; Available options for punishment. INSET: Strong Medicine.
- Published
- 2003
21. THE WEEK.
- Subjects
IMMIGRATION policy ,SOVIET Union politics & government, 1985-1991 ,EXIT permits (Emigration) ,ACTIONS & defenses (Law) ,DYSLEXIA ,DISCRIMINATION against people with disabilities - Abstract
Comments on recent political and social developments around the world. Lifting of all restrictions on emigration by Mikhail Gorbachev of the Soviet Union; Lawsuit against Tufts University by a dyslexic student on the grounds that its use of multiple choice exams constitutes discrimination against him on the basis of handicap; Trial of Winnie Mandela in South Africa; Others.
- Published
- 1991
22. In First, Mass. sues UBS.
- Author
-
Ackerman, Andrew
- Subjects
ACTIONS & defenses (Law) ,SECURITIES fraud ,NEGOTIABLE instruments ,SECURITIES - Abstract
The article reports on securities fraud charges filed against UBS Financial Services by Massachusetts Secretary of State William Galvin in 2008. It says the move is in the first state-level lawsuit against an investment company over auction-rate securities. The firm was sued for selling retail investors auction-rate paper as liquid, safe, money-market instruments even though the defendants knew it was not. The complaint requests that UBS be ordered to return to investors the money it invested in auction-rate securities at par.
- Published
- 2008
23. The Great Hospital War.
- Author
-
Marshall, Eliot
- Subjects
HOSPITALS ,HEALTH care industry ,GOVERNMENT regulation ,COMPETITION ,ACTIONS & defenses (Law) ,POLITICIANS ,PUBLIC hospitals - Abstract
Discusses the condition prevailing in hospital industry of Boston, Massachusetts, in the light of problems facing the decision of Lahey Clinic to establish a hospital in a suburban location. Opposition to Lahey's move by government hospital planners; Suit filed by Clinic's competitors who spotted a technical flaw in the procedure by which Lahey Clinic won its fight with the planners; Discussion on Clinic's opponents and their contention; View that Lahey Clinic has the plan to provide special care in the suburbs for a wide variety of problems; Contention of the opponents that politicians support Lahey Clinic in their plan; View that the legal permission given to Lahey Clinic violates principles of economics; Discussion on the financial viability of the plan of the Clinic in the face of failure of the Faulkar Hospital in Jamaica Plain, Boston; Discussion on pathetic conditions prevailing in the public hospitals in Boston; Importance of public funds for survival of Lahey Clinic.
- Published
- 1977
24. Free-lancers sue `Boston Globe'
- Author
-
Moses, Lucia
- Subjects
FREELANCE journalism ,COPYRIGHT ,ACTIONS & defenses (Law) - Abstract
Reports on freelancers' lawsuit against the `The Boston Globe.' Proposed agreement seeking broad rights to publish their past and future material without additional payment; Dismissal of freelancers who refuse to sign the agreement; Practices of other metropolitan dailies regarding the copyright of their freelancers.
- Published
- 2000
25. Trouble at the Fish Pier.
- Author
-
Higgins, James and Donald, Gordon
- Subjects
LEGAL judgments ,FISHERS ,FISH industry ,LABOR unions ,MONOPOLIES ,ANTITRUST law ,FISH prices ,ACTIONS & defenses (Law) - Abstract
Discusses the decision of the Massachusetts Superior Court in favor of attorney general Clarence Barnes who used a state monopoly law to sue the Atlantic Fishermen's Union (AFU). Allegation of AFU that dealers had combined to rig the auction price very low; Move of AFU to restrict the catch at sea to keep their market price high; Court's ruling that AFU was a monopoly of fishermen manpower and its limitation on the size of each vessel's fishing catch a conspiracy; Court's order to AFU to stop such practices; Idea of the fillet; Mechanization of fish processing; Lay systems; Low wages versus regulation; International regulation of the fished-out areas.
- Published
- 1947
26. The Department of Justice and the Sacco-Vanzetti Case.
- Author
-
Flusser, Cora
- Subjects
SACCO-Vanzetti Trial, Dedham, Mass., 1921 ,MURDER trials ,LEGAL evidence ,ACTIONS & defenses (Law) - Abstract
Presents information on latest developments in the trial of Nicola Sacco and Bartolomeo Vanzetti, on charges of murder and payroll theft, in Dedham, Massachusetts. Decision of the U.S. Department of Justice to assign a number of men to watch activities of the Sacco-Vanzetti Defense Committee, in order to collect evidence against them to deport them as anarchists; Duties assigned to Fred J. Weynard, former local agent of the Department, in the case; Correspondence on file between District Attorney Frederick Katzmann and William J. West regarding the trial.
- Published
- 1926
27. Mass. Hits UBS With Fraud Suit.
- Author
-
Ackerman, Andrew
- Subjects
SECURITIES fraud ,ACTIONS & defenses (Law) - Abstract
The article reports on the securities fraud charges filed by Secretary of State William Galvin against UBS Securities LLC and UBS Financial Services for selling retail investors auction-rate paper in Massachusetts. According to Galvin, both companies sold auction rate paper to retail investors as liquid, safe, money-market instruments even though the defendants knew it was not. A hearings officers within the department's securities division will hear the five-count administrative complaint.
- Published
- 2008
28. BROTHER TO BROTHER.
- Author
-
Rosenberg, Michael
- Subjects
BROTHERS ,SUICIDAL behavior of prisoners ,MURDER trials ,COLLEGE football coaches ,CRIMINAL convictions ,TWENTY-first century ,EMPLOYMENT ,SPORTS ,ACTIONS & defenses (Law) - Abstract
The article discusses the lives and careers of the late National Football League player Aaron Hernandez and his older brother Jonathan "D.J." Hernandez, and it mentions how Aaron Hernandez, who was convicted of murder in Massachusetts in 2015, committed suicide in a prison cell in April 2017. According to the article, Jonathan Hernandez quit his role as a graduate assistant football coach at the University of Iowa following his brother's murder conviction.
- Published
- 2017
29. AMY'S DAY.
- Author
-
Nocera, Joseph
- Subjects
TRIALS (Trespass) ,ACTIONS & defenses (Law) ,LEGAL judgments ,PUBLIC demonstrations - Abstract
Describes the incident of the Trespassing trial that involves Amy Carter, Abbie Hoffman, and 13 other protesters who were arrested for occupying a building on the University of Massachusetts, in Amherst, Massachusetts. Reason for the protesters' presence at the campus; Contention of the defendants; Argument of the prosecutor; Verdict of the jury on the case; Views that celebrityhood of Carter weighed heavily on everyone present during the trial; Reaction of people in courtroom on declaration that Carter was not guilty.
- Published
- 1987
30. POISONED WELL.
- Author
-
Barr, Evan T.
- Subjects
TANNERY waste disposal ,POLLUTION laws ,ACTIONS & defenses (Law) ,HAZARDOUS substances ,GROUNDWATER ,TANNING (Hides & skins) ,CHEMICALS ,TOXIC torts - Abstract
Reports on the efforts of the residents of Woburn, Massachusetts in filing a case against industrial tanneries for dumping hazardous chemicals on underground water. Information on the tanning industry in the area; Description of the pollution-related deaths in the town; Comment on various difficulties in gathering evidence against the tanneries; Implications of this case for toxic tort litigation.
- Published
- 1986
31. The Week.
- Subjects
INTERNATIONAL courts ,ACTIONS & defenses (Law) ,LEGAL judgments - Abstract
The article presents a commentary of the political developments in the U.S. and around the world. That the Hague tribunal, the Netherlands has found for America in the case of the Pious Fund is gratifying, but the favorable decision is far less welcome than the fact that this long-standing issue has been dully presented to an international court, and that the United States and Mexico have the honor of first committing a case to this permanent tribunal; It is in keeping with the solid traditions of Massachusetts law-making that a bill for the incorporation of labor unions is to be discussed at the approaching session.
- Published
- 1902
32. Shall Prosecutors Conceal Facts?
- Subjects
SACCO-Vanzetti Trial, Dedham, Mass., 1921 ,LAWYERS ,ACTIONS & defenses (Law) ,LEGAL ethics - Abstract
The article presents response of some eminent lawyers on the article "Deception According to Law," published in the recent issue of The Nation. The article focused on the Dedham, Massachusetts-based Supreme Court's decision in the Sacco-Vanzetti case. The court held that a prosecuting officer is violating no canon of legal ethics in presenting evidence, which tends to show guilt while failing to call witnesses in whom he has no confidence, or whose testimony contradicts what he is trying to prove. The lawyers discusses the ethics behind the case that justifies a prosecutor in failing to call a witness whose testimony might defeat the plea for conviction.
- Published
- 1927
33. Eels and the Electric Chair.
- Author
-
Beffel, John Nicholas
- Subjects
ANARCHISTS ,EDUCATION ,ARREST ,ACTIONS & defenses (Law) - Abstract
Focuses on the life of Italian anarchist who came to the U.S., Bartolomeo Vanzetti. Educational background of Vanzetti; Experiences of Vanzetti as dishwasher and helper in a club; Arrest of Vanzetti and his friend Niccolo Sacco on a street car in Brockton, Massachusetts; Observation that the defense of Vanzetti was badly handled.
- Published
- 1920
34. Librarian Suing Harvard Rebuffed.
- Author
-
Albanese, Andrew
- Subjects
EMPLOYMENT discrimination ,UNIVERSITIES & colleges ,LIBRARY personnel ,HARVARD University. School of Design ,ACTIONS & defenses (Law) - Abstract
The article focuses on progress in a discrimination lawsuit filed against the Loeb Library of Harvard University's Design School by Desiree Goodwin. A jury ruled in early April that Harvard University did not discriminate against Desiree Goodwin, billing supervisor and reference assistant at the Loeb Library of Harvard's Design School, who charged that she was repeatedly passed over for promotion because of race and gender issues. Harvard attorneys countered that Goodwin's supervisors encouraged her but that the highly competitive jobs she sought simply went to more qualified candidates. In closing arguments, Harvard attorneys noted that five of the seven jobs for which Goodwin applied since 1999 have gone to women. That left only the racial component, which Harvard lawyers also dismissed, according to press reports, claiming that Goodwin's race was unknown to those doing the hiring.
- Published
- 2005
35. Climate Change Litigation, Obsession and Expertise: Reflecting on the Scholarly Response to Massachusetts v. EPA.
- Author
-
Fisher, Elizabeth
- Subjects
CLIMATE change laws ,OBSESSIVE-compulsive disorder ,ACTIONS & defenses (Law) ,EXPERTISE ,SCHOLARS - Abstract
Climate change litigation is an obsessive preoccupation for many legal scholars. Three different 'narratives' can be identified for why scholars find such litigation important to study: litigation is a response to institutional failure, legal reasoning holds authority, and litigation is a forum for the co-production of facts and social orders. The nature and consequences of these narratives are considered in the context of the first U. S. Supreme Court 'climate change' case- Massachusetts v. EPA (2007). This analysis has implications for both how scholars understand their expertise in this area, and how they should foster it. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
36. CRIMINAL LAW--INVISIBLE IN THE COURTROOM TOO: MODIFYING THE LAW OF SELECTIVE ENFORCEMENT TO ACCOUNT FOR WHITE PRIVILEGE.
- Author
-
Ryan, Mara Shulman
- Subjects
RACE discrimination ,LAW enforcement ,PRIVILEGES & immunities (Law) ,ACTIONS & defenses (Law) ,COURTS - Abstract
The article presents information on the racial discrimination in the U.S., issues related to selective enforcement laws and white privileges. A focus is on the trial of Commonwealth v. Vassell based on the selective enforcement law of Massachusetts and the inter-relations between discrimination, discretion and privilege. The legal recognition of the white privilege is needed for curbing the hostility of courts towards selective enforcement.
- Published
- 2012
37. Massachusetts v. EPA: A Change of Climate at EPA Clouds the D.C. Circuit's Review of Risk-Based Policy Decisions.
- Author
-
Smith, Joel D.
- Subjects
ENVIRONMENTAL law ,CLIMATE change ,RISK assessment ,RISK management in business ,ACTIONS & defenses (Law) - Abstract
It is well established that the Administrator of the Environmental Protection Agency has broad policy-making discretion when responding to uncertain environmental risks. Yet there are important limitations to that principle. An agency can exercise policy judgments only to the extent that Congress delegates such power, and only where doing so furthers the regulatory process. A useful analytical tool for evaluating whether agency policy-based decisions meet this test is the risk assessment/risk management framework. Risk assessment and risk management represent two phases of the regulatory process, each entailing a different set of relevant policy considerations. Where an agency bases its decisions on considerations relevant to the wrong phase it may thwart the regulatory scheme developed by Congress as well as exceed the scope of its delegated authority. A 2005 climate change litigation case, Massachusetts v. EPA, provides a case in point, illustrating, the importance of the risk assessment/risk management framework to judicial review of agency policy-making. There, the court held that the Administrator may look to both science and general policy concerns when judging whether a pollutant poses a threat to public health and welfare. Interpreting the provision of the Clean Air Act at issue in that case in view of the risk assessment/risk management framework, this Note argues that the court misconstrued the range of policy factors the Administrator may cite as a basis for such a finding. [ABSTRACT FROM AUTHOR]
- Published
- 2006
38. The Legacy of Jacobson v Massachusetts.
- Author
-
Colgrove, James and Bayer, Ronald
- Subjects
PUBLIC health ,SOCIOLOGICAL jurisprudence ,ACTIONS & defenses (Law) ,VACCINATION policies ,CONSTITUTIONAL courts - Abstract
February 2005 marks the centenary of one of the most important pieces of public health jurisprudence, the US Supreme Court case of Jacobson v Massachusetts, which upheld the authority of states to pass compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare. We examined the relationship between the individual and society in 20th-century public health practice and law and the ways that compulsory measures have been used to constrain personal liberty for the sake of protecting the public health. (Am J Public Health. 2005;95:571-576.). [ABSTRACT FROM AUTHOR]
- Published
- 2005
- Full Text
- View/download PDF
39. Goodridge in Context.
- Author
-
Bonauto, Mary L.
- Subjects
LGBTQ+ people ,LESBIANISM ,MARRIAGE ,ACTIONS & defenses (Law) ,SAME-sex marriage - Abstract
In this article, the author discusses the legal, political and cultural landscape in Massachusetts to show that Goodridge was the logical next step of a decades-long process of securing legal and cultural respect for LGBT people and families. At Gay and Lesbian Advocates and Defenders (GLAD) and other LGBT movement organizations, we see ending marriage discrimination as enormously valuable to many LGBT people--both those who are harmed by the denial of relationship recognition and the legal protections that recognition would bring, and those who may not marry but believe they are diminished by a state that does not accord them the choice to do so. GLAD did not litigate the marriage issue in Massachusetts precipitously. Short of constitutional litigation, we had made concerted efforts to secure rights and protections for LGBT families through other means, but knew those tools could not address the enormous architecture of protections provided by marriage. Selective litigation must continue because courts say what our constitutional guarantees mean. Several cases are pending, with three different trial court judges post-Goodridge having found the denial of marriage rights to same-sex couples unconstitutional.
- Published
- 2005
40. COURT DOCKETS.
- Subjects
ACTIONS & defenses (Law) ,CIVIL procedure ,BUSINESS enterprises ,ORGANIZATION - Abstract
The article presents a compilation of lawsuits involving businesses and organizations in Massachusetts which include cases between Hampden/Zimmerman Electric Supply Co. and Keven B. Michelson of Michelson Properties Inc., Northeast Utilities Systems and Western Mass Electric Co. and The Hoyoke Card & Paper Co, and R.P.S. Inc. against James Leary.
- Published
- 2006
41. Curriculum and Case Notes.
- Author
-
Elmore, Richard
- Subjects
ACTIONS & defenses (Law) ,URBAN renewal - Abstract
Highlights the various opinions of legal scholars concerning a lawsuit which deals with a dispute between the State of Massachusetts and the City of Boston over an urban renewal project in Park Plaza. Background on the lawsuit; Sources of the dispute over the urban renewal project; Problems confronting State Commissioner of Community Affairs Miles Mahoney in managing the urban renewal project.
- Published
- 1986
- Full Text
- View/download PDF
42. ELECTION LAW.
- Subjects
ELECTION law ,ACTIONS & defenses (Law) - Abstract
Focuses on the Massachusetts Supreme Judicial Court case `Robinson vs. State Ballot Law Commission.' Upside-down copy of nomination papers submitted to the secretary of the Commonwealth by Jack E. Robinson; Compliance with exact copy requirements; Printing of Robinson's name as a candidate for the Republican nomination for the office of United States Senator.
- Published
- 2000
43. GREED ON TRIAL.
- Author
-
Beam, Alex
- Subjects
TOBACCO industry ,LEGAL costs ,SMOKING laws ,LEGAL settlement ,PUBLIC opinion ,ACTIONS & defenses (Law) - Abstract
The article looks at the salaries given to lawyer-plaintiffs during the 2003 Massachusetts tobacco-fee trial. On the stand the state's star witness Thomas Sobol described how his former law firm, Brown Rudnick Berlack & Israels, prepared in 1995 to sue Big Tobacco on behalf of the Commonwealth of Massachusetts. The article discusses Brown Rudnick's chief of litigation, Frederick Pritzker, and master settlement agreements.
- Published
- 2004
44. THE GAS SUPPLY OF BOSTON.
- Author
-
Gray, John H.
- Subjects
COAL gas ,COMPETITION ,GAS prices ,PRICES of securities ,CONTRACTS ,COAL ,ACTIONS & defenses (Law) - Abstract
This article presents information on the competition prevalent in Boston regarding the supply of gas. First, however, some further reference should be made to the contracts for the public lighting. The much- vaunted contract of February, 1893, with the Brookline Company, had fixed a price of seventy cents for public lighting in Boston and it goes almost without saying that, after this contract, the other companies had to reduce their charges for public lighting. They made new contracts with the city on August 17, 1893, at prices much lower than they had charged before, but in no case so low as those of the Brookline Company. These contracts with the other companies differed from that with the Brookline Company in providing for coal gas of not less than 18 candle power instead of water gas of 25 candle power. During all these years the prices of gas securities were based on rumors and counter-rumors of deals, combinations, compromises, litigations, and threatened receiverships. It was plain almost from the beginning that, if the struggle were to be carried to the point of actual bankruptcy, the Brookline Company, both because of its comparatively simple legal organization and its financial strength, would come out victorious.
- Published
- 1899
- Full Text
- View/download PDF
45. Reversal of fortune.
- Author
-
Hewitt, Bill and Alexander, Bryan
- Subjects
LEGAL status of au pairs ,ACTIONS & defenses (Law) - Abstract
Reports on the decision of Judge Hiller Zobel to reduce the charges against Louise Woodward to manslaughter. Reactions of those involved; Woodward's release from prison; Zobel's explanation of his decision; How Woodward is viewed in England; Comments from Matthew Eappen's parents. INSET: Full of surprises..
- Published
- 1997
46. One mother's story.
- Author
-
McCarthy, Terry
- Subjects
INFANTICIDE ,LEGAL status of au pairs ,JUDICIAL discretion ,ACTIONS & defenses (Law) - Abstract
Presents an interview with Deborah Eappen following the release of her former au pair Louise Woodward from jail, after being found guilty of second-degree murder in the death of infant Matthew Eappen in November 1997. Her feelings about the ruling; Woodward; Her future plans; Whether she wants to have more children; Her response to the negative press coverage; More.
- Published
- 1997
47. LOCK 'ER UP.
- Author
-
Scarf, Maggie
- Subjects
LEGAL judgments ,CHILD care workers ,MURDER trials ,ACTIONS & defenses (Law) - Abstract
Argues against the judgment issued by Massachusetts Judge Hiller Zobel on the murder case filed against child care worker Louise Woodward in 1998. Basis for the decision to downgrade the conviction of Woodward to involuntary manslaughter; Facts of the murder case; Factors which contributed to the widespread sympathy with the plight of Woodward.
- Published
- 1998
48. WITCH HUNT.
- Author
-
Shalit, Ruth
- Subjects
CHILD sexual abuse lawsuits ,LENIENCY (Law) ,FELLS Acres Day School (Boston, Mass.) ,ACTIONS & defenses (Law) - Abstract
Discusses the conviction of the Amirault family for the sexual abuse and torture of children who attended their Fells Acres Day School in Boston, Massachusetts in 1985. Prejudice experienced by the Amirault family; Participation of pediatric nurse Susan Kelly in the family's conviction; Plea made by Gerald Amirault for leniency.
- Published
- 1995
49. Correspondence.
- Author
-
Sinclair, Upton, de Ford, Miriam Allen, Q., E., Davis, S. L., Norton, L. J., Marsh, Benjamin C., Heath, William H., Rorty, James, and Sugar, Maurice
- Subjects
LETTERS to the editor ,ACTIONS & defenses (Law) ,CONFERENCES & conventions ,IMPERIALISM ,TARIFF - Abstract
Presents letters to the editor on various political developments around the U.S. Suggestion of a mock trial of the Sacco-Varizetti case in Boston, Massachusetts; Views on the government policy with respect to sugar tariff; Information on a two day's conference on imperialism organized by Labor party members of the British House of Commons in London, England to be held on July 17 and 18, 1929.
- Published
- 1929
50. Red-Card Showdown.
- Subjects
ACTIONS & defenses (Law) ,DEPARTMENT stores ,CLOTHING selling ,CLOTHING industry - Abstract
The article deals with a lawsuit filed by Boston, Massachusetts-based department stores Filene and R. H. White against the Fashion Originators Guild of America concerning the red cards the association issued to the stores in 1936. The card indicates that the stores are not allowed to sell merchandises from the 200 dress manufacturers in the Guild. It states that the U.S. Federal Trade Commission (FTC) refused to be involved in the issue but it has requested the U.S. labor association Millinery Creators Guild to cease from such activities.
- Published
- 1936
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