Content Posted in 2009 | Digital Commons @ Western New England University School of Law | Western New England University School of Law Research

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Content Posted in 2009

ACCEPTING EVOLUTION IN WORKPLACE JUSTICE: THE NEED FOR CONGRESS TO MANDATE ARBITRATION, Frederick L. Sullivan

ACCESS TO HEALTH CARE AND POLITICAL IDEOLOGY: WOULDN'T YOU REALLY RATHER HAVE A PONY?, Barry R. Furrow

A CRITICAL LOOK AT STUDENT RESISTANCE TO NON-TRADITIONAL LAW SCHOOL PROFESSORS, Kathryn P. Nordick

A DEFENSE OF OLD ORIGINALISM, Walter B. Michaels

ADVANCING THE CRA—USING THE CRA'S STRATEGIC PLAN OPTION TO PROMOTE COMMUNITY INCLUSION: THE CRA AND COMMUNITY INCLUSION, Cassandra J. Havard

A LITTLE OF THIS, A LITTLE OF THAT: POTENTIAL EFFECTS ON ENTREPRENEURSHIP OF THE McCAIN AND OBAMA TAX PROPOSALS, Anthony J. Luppino

AN OBSCURED EXPANSION OF THE COMMERCE POWER, Jason Wojciechowski

A STURDY ROGUE, Bruce K. Miller

AT THE END OF THE CLINICAL TRIAL: DOES ACCESS TO INVESTIGATIONAL TECHNOLOGY END AS WELL?, Richard S. Saver

BANKRUPTCY—DOES BANKRUPTCY CODE SECTION 106 AUTHORIZE A WAIVER OF SOVEREIGN IMMUNITY FOR EMOTIONAL DISTRESS CLAIMS?, Robert A. McDonald

BANKRUPTCY—THE DEFALCATION EXCEPTION TO DISCHARGE: SHOULD A FIDUCIARY'S MISTAKE PROHIBIT A DISCHARGE FROM DEBT?, Andrea Johnson

BEYOND THE CLASH OF DISPARITIES: COCAINE SENTENCING AFTER BOOKER, Jacob Loshin

BLAINE AMENDMENTS AND POLYGAMY LAWS: THE CONSTITUTIONALITY OF ANTI-POLYGAMY LAWS TARGETING RELIGION, Elijah L. Milne

BUSINESS SUPPORT OF AFFIRMATIVE ACTION AND DISCRIMINATORY HIRING PRACTICES: CONTRADICTORY OR COMPATIBLE?, Arthur M. Wolfson

CIVIL PROCEDURE/TORT LAW—BETTER OFF DEAD?: MINORITY TOLLING PROVISION CANNOT SAVE DECEASED CHILD'S CLAIM, Gretchen R. Fuhr

CIVIL RIGHTS—"A MERE PAPER GUARANTEE?": CONGRESSIONAL INTENT, JUDICIAL MANIPULATION, AND THE CURRENT STATE OF MUNICIPAL LIABILITY UNDER 42 U.S.C. § 1981, Allison M. McKeen

CIVIL RIGHTS/CIVIL PROCEDURE—IS IT THE OFFICER OR THE GENTLEMAN?: ISSUES OF CAPACITY IN § 1983 ACTIONS BROUGHT IN FEDERAL COURT, Jeffrey K. O'Connor

CIVIL RIGHTS—SHADES OF RACE: AN HISTORICALLY INFORMED READING OF TITLE VII, Michael J. Fellows

CIVIL RIGHTS/TAX LAW—"UNDER COLOR OF" INTERNAL REVENUE LAWS: THE ROLE OF UNITED STATES v. TEMPLE AND SECTION 7214 IN THE "UNDER COLOR OF LAW" DEBATE, Sarah T. Biolsi

COERCIVE ABORTIONS AND CRIMINALIZING THE BIRTH OF CHILDREN: SOME THOUGHTS ON THE IMPACT ON WOMEN OF STATE V. OAKLEY, Jennifer Martin

COLLATERAL DAMAGE: THE AFTERMATH OF THE POLITICAL CULTURE WARS IN SCHIAVO, Kathy L. Cerminara

COMPETING IN EMERGING MARKETS: THE SEARCH FOR A NEW PARADIGM, Rangamohan V. Eunni

CONSTITUTIONAL LAW—IS 18 U.S.C.§ 922(o)(1) CONSTITUTIONAL? MERE POSSESSION OF SELF-CREATED OBJECTS AND THE REACH OF THE COMMERCE CLAUSE, Karen A. Michalson

CONSTITUTIONAL LAW—SACRIFICING THE GOOD OF THE FEW FOR THE GOOD OF THE MANY: DENYING THE TERMINALLY ILL ACCESS TO EXPERIMENTAL MEDICATION, Matthew R. Madara

CONSTITUTIONAL LAW—THE "CHOOSE-LIFE" SPECIALTY PLATE CASES: STANDING TO SUE WHEN THE GOVERNMENT MANIPULATES PUBLIC DEBATE, Layla G. Taylor

CONSTITUTIONAL LAW—THE "GRAPE" MARCH ON WASHINGTON: THE TWENTY-FIRST AMENDMENT, THE DORMANT COMMERCE CLAUSE, AND DIRECT ALCOHOL SHIPMENTS, Pamela R. Cote

CONSTITUTIONAL LAW—YOU CAN'T TAKE IT WITH YOU: THE CONSTITUTIONALITY OF WORKERS' COMPENSATION RULES BASED ON RESIDENCY, Michelle L. Himes

COPYRIGHT LAW—LIBRARIANS WHO TEACH: EXPANDING THE DISTANCE EDUCATION RIGHTS OF LIBRARIES BY APPLYING THE TECHNOLOGY EDUCATION AND COPYRIGHT HARMONIZATION ACT OF 2002, Kate Irwin

CREDIT WHERE IT COUNTS: MAINTAINING A STRONG COMMUNITY REINVESTMENT ACT, Michael S. Barr

CRIMINAL LAW—KOSILEK v. MALONEY: IN PRISON WHILE IMPRISONED IN THE BODY OF THE OPPOSITE SEX: EXAMINING THE ISSUE OF "CRUEL AND UNUSUAL PUNISHMENT" PRESENTED BY AN INCARCERATED TRANSSEXUAL, Nikolas Andreopoulos

CRIMINAL LAW—THE INSUFFICIENCY OF POSSESSION IN PROHIBITION OF CHILD PORNOGRAPHY STATUTES: WHY VIEWING A CRIME SCENE SHOULD BE CRIMINAL, Rebecca Michaels

CRIMINAL LAW—THE MEANING OF VIOLENCE: AN INTERPRETIVE ANALYSIS ON WHETHER A PRIOR CONVICTION FOR CARRYING A CONCEALED WEAPON IS A "CRIME OF VIOLENCE" UNDER THE UNITED STATES SENTENCING GUIDELINES, Neal Eriksen

DEDICATION, The Board of Editors

DEDICATION TO DONALD DUNN, Arthur Gaudio

DEVELOPMENT LENDING AND THE COMMUNITY REINVESTMENT ACT, Keith N. Hylton

DIVERSITY'S DIVERGENCE: A POST-GRUTTER EXAMINATION OF RACIAL PREFERENCES IN PUBLIC EMPLOYMENT, Lorin J. Lapidus

ECONOMIC PARAMETERS OF END-OF-LIFE CARE: SOME POLICY IMPLICATIONS IN AN ERA OF HEALTH CARE REFORM, Michael Ash and Stephen Arons

EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT—ONE OF THESE THINGS IS NOT LIKE THE OTHER: THE ERROR OF APPLYING STATE MEDICAL MALPRACTICE LIMITS TO DAMAGES AWARDED UNDER THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT, Kendra L. Berardi

EMINENT DOMAIN: IN THE AFTERMATH OF KELO V. NEW LONDON, A RESURRECTION IN NORWOOD: ONE PUBLIC INTEREST ATTORNEY'S VIEW, Patricia H. Lee

EMPLOYMENT LAW—HERE'S LOOKING AT YOU: HIGH TECH "PEEPING" IN THE WORKPLACE AND THE ROLE OF TITLE VII, Shannon D. Leger

ENDING THE SUPPRESSION: WHY THE HATCH ACT CANNOT WITHSTAND MEANINGFUL CONSTITUTIONAL SCRUTINY, Anthony T. Kovalchick

ENVIRONMENTAL JUSTICE AND ENTREPRENEURSHIP: PITFALLS FOR THE UNWARY, Luke W. Cole

ENVIRONMENTAL LAW/ADMINISTRATIVE LAW--UNITED STATES v. RAPANOS: JUSTICE STEVENS'S SUGGESTION MAY NOT BE THE YELLOW BRICK ROAD, BUT IT IS THE BEST PATHWAY TO OZ, Kristen M. Sopet

ESTATE PLANNING AND THE TRANSGENDER CLIENT, A. Spencer Bergstedt

EVIDENCE—THE MOTION IN LIMINE AND THE MARKETPLACE OF IDEAS: ADVOCATING FOR THE AVAILABILITY OF THE NECESSITY DEFENSE FOR SOME OF THE BAY STATE'S CIVILLY DISOBEDIENT, Luke Shulman-Ryan

EXPRESSIVE ASSOCIATION—STUDENT ORGANIZATIONS' RIGHT TO DISCRIMINATE: A LOOK AT PUBLIC LAW SCHOOLS' NONDISCRIMINATION POLICIES AND THEIR APPLICATION TO CHRISTIAN LEGAL SOCIETY STUDENT CHAPTERS, Christian A. Malanga

FEDERAL DRUG SENTENCING—WHAT WAS CONGRESS SMOKING? THE UNCERTAIN DISTINCTION BETWEEN "COCAINE" AND "COCAINE BASE" IN THE ANTI-DRUG ABUSE ACT OF 1986, Spencer A. Stone

FEDERAL INDIAN LAW—AMBIGUOUS ABROGATION: THE FIRST CIRCUIT STRIPS THE NARRAGANSETT INDIAN TRIBE OF ITS SOVEREIGN IMMUNITY, Merritt Schnipper

FEDERAL TORT CLAIMS ACT—SEEKING REDRESS AGAINST THE SOVEREIGN; BALANCING THE RIGHTS OF PLAINTIFFS AND THE GOVERNMENT WHEN APPLYING FEDERAL RULE OF CIVIL PROCEDURE 15(c) TO FTCA CLAIMS, John S. Gannon

FIGHTING THE GOOD FIGHT: THE ROLE OF ENVIRONMENTAL CIVIL RIGHTS LITIGATORS GOING FORWARD AND THE NEED FOR A CONTINUANCE OF THE LITIGATION TOOL IN THE ENVIRONMENTAL JUSTICE MOVEMENT, Sean-Patrick Wilson

FIRST AMENDMENT LAW—HANKINS v. LYGHT AND THE UNNECESSARY INTERSECTION OF THE RELIGIOUS FREEDOM RESTORATION ACT AND THE MINISTERIAL EXCEPTION, John LeVangie

FOREWORD, Maxwell J. Mehlman

FOREWORD, Jennifer L. Levi

FOREWORD: ENTREPRENEURISM IN A FLAT, GREEN, CASH-STRAPPED WORLD, Eric J. Gouvin

FOREWORD: ENTREPRENEURSHIP, RACE, AND THE CURRENT ENVIRONMENT FOR COMMUNITY ECONOMIC DEVELOPMENT, Eric J. Gouvin

FOREWORD: LAW, BUSINESS, AND ECONOMIC DEVELOPMENT—CURRENT ISSUES AND AGE-OLD BATTLES, Eric J. Gouvin

FOREWORD: THE POLITICS OF HEALTH LAW: ANY TIPPING POINTS IN VIEW?, Frances H. Miller

FOURTH AMENDMENT—GUILT BY RELATION: IF YOUR BROTHER IS CONVICTED OF A CRIME, YOU TOO MAY DO TIME, Lina A. Hogan

FRINGE BANKERS: ECONOMIC PREDATORS OR A NEW FINANCIAL SERVICES MODEL?, Jean A. Fox

FROM AUSTRIA TO SACCO AND VANZETTI: THE DEVELOPMENT OF FRANKFURTER'S "FUNDAMENTAL RIGHTS" THEORY, Joseph Gumina

GROWING OLD TOGETHER: ESTATE PLANNING CONCERNS FOR THE AGING SAME-SEX COUPLE, Aimee Bouchard and Kim Zadworny

HEALTH LAW—PRIVACY IN MEDICAL RESEARCH: A BOTCHED EXPERIMENT, Matthew B. Drexler

HOLISTIC LEARNING: AMENDING THE ROWLEY TEST TO CLARIFY THE INCLUSION DEBATE, Allan Kickertz

IMMIGRATION LAW—THE CASE FOR NUNC PRO TUNC ADJUDICATION OF SECTION 212(c) APPLICATIONS WRONGFULLY DENIED BASED ON AN ERRONEOUS LEGAL INTERPRETATION, Tammy W. Hui

IN DEFENSE OF CHARITIES: A CASE FOR MAINTAINING THE MASSACHUSETTS DAMAGES CAP FOR CERTAIN EMPLOYMENT DISCRIMINATION CLAIMS, Nathan A. Olin

INTRODUCTION: WHAT DOES OAKLEY TELL US ABOUT THE FAILURES OF CONSTITUTIONAL DECISION-MAKING?, Taylor Flynn

IS TIGER WOODS'S SWING REALLY A WORK OF ART? DEFINING THE LINE BETWEEN THE RIGHT OF PUBLICITY AND THE FIRST AMENDMENT, Michael Suppappola

JUDICIAL DISCRETION, SENTENCING GUIDELINES, AND LESSONS FROM MEDIEVAL ENGLAND, 1066-1215, Eric G. Barber

JUDICIAL SKEPTICISM AND THE THREAT OF TERRORISM, Hon. Robert D. Sack

KEYNOTE, Andrea Silbert

KEYNOTE, Richard Walker III

LABOR LAW—LABOR'S FIRST AMENDMENT RIGHTS MAY REST ON THE HAUNCHES OF A RAT: 29 U.S.C. § 158(b)(4)(ii)(B) AND THE SECONDARY BOYCOTT RULE, Richard J. Padykula

LARGE-SCALE DISASTERS ATTACKING THE AMERICAN DREAM: HOW TO PROTECT AND EMPOWER HOMEOWNERS AND LENDERS, Matthew D. Ekins

LIBERATION AND EMPOWERMENT: A JUBILEAN ALTERNATIVE FOR STATE v. OAKLEY, Richard P. Cole

LOOKING AHEAD: OPPORTUNITIES AND CHALLENGES FOR ENTREPRENEURSHIP AND SMALL BUSINESS OWNERS, Chad Moutray

MEDICAL MALPRACTICE/CIVIL PROCEDURE—TRAP FOR THE UNWARY: THE 2005 AMENDMENTS TO CONNECTICUT'S CERTIFICATE OF MERIT STATUTE, Brett J. Blank

MINDING MORE THAN OUR OWN BUSINESS: EDUCATING ENTREPRENEURIAL LAWYERS THROUGH LAW SCHOOL-BUSINESS SCHOOL COLLABORATIONS, Anthony J. Luppino

MUNICIPAL LAW—HOW BROAD A REMEDY? MUNICIPAL LIABILITY AND THE MASSACHUSETTS CIVIL RIGHTS ACT, Margaret R. Solis

MY SISTER'S KEEPER?: LAW, CHILDREN, AND COMPELLED DONATION, Michele Goodwin

NUTS AND BOLTS: ESTATE PLANNING AND FAMILY LAW CONSIDERATIONS FOR SAME-SEX FAMILIES, Patience Crozier

OPENING THE DOOR TO "HARD-LOOK" REVIEW OF AGENCY PREEMPTION, Karen A. Jordan

PALLIATIVE CARE IN THE U.S. HEALTHCARE SYSTEM: CONSTITUTIONAL RIGHT OR CRIMINAL ACT?, Stephen Arons

PROBATION RESTRICTIONS IMPACTING THE RIGHT TO PROCREATE: THE OAKLEY ERROR, Jennifer Levi

PROPERTY—THE LIMITS OF EQUITY: FORFEITURE, DOUBLE JEOPARDY, AND THE MASSACHUSETTS "SLAYER STATUTE", Robert F. Hennessy

PUTTING THE "PUBLIC" BACK INTO PUBLIC-PRIVATE PARTNERSHIPS FOR ECONOMIC DEVELOPMENT, Audrey G. McFarlane

RATIFYING THE FOURTEENTH AMENDMENT IN OHIO, Gabriel J. Chin

REAL PROPERTY—GUILIETTI V. GIULIETTI- PARTITION BY PRIVATE SALE ABSENT SPECIFIC STATUTORY AUTHORITY, Gillian K. Bearns

REGULATING DIRECT-TO-CONSUMER ADVERTISING WITH TORT LAW: IS THE LAW FINALLY CATCHING UP WITH THE MARKET?, Timothy S. Hall

REMEDIES—THE APPEARANCE OF ACCESS: DEAF DEFENDANTS AND THE MASSACHUSETTS JUDICIARY—JUSTICE?, Cat B. Dvar

REPAIRING OUR HUMAN RIGHTS REPUTATION, Harold H. Koh

SECTION 1103 OF THE SARBANES-OXLEY ACT: SECURITIES AND EXCHANGE COMMISSION v. GEMSTAR-TV GUIDE INTERNATIONAL, INC., AND THE NINTH CIRCUIT'S INTERPRETATION OF "EXTRAORDINARY PAYMENTS", Christine J. Unger

SPECIAL EDUCATION/CIVIL PROCEDURE—THE IDEA OF FAIRNESS: ALLOWING PARENT-ATTORNEYS TO RECOVER THEIR ATTORNEYS' FEES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, Justin D. Kumpulanian

STATE v. OAKLEY, DEADBEAT DADS, AND AMERICAN POVERTY, David R. Papke

STICKY THICKETS: LOCAL REGULATORY CHALLENGES FOR SMALL AND EMERGING SUSTAINABLE BUSINESSES, Lisa M. LeSage

SUPPORTING URBAN ENTREPRENEURS: LAW, POLICY, AND THE ROLE OF LAWYERS IN SMALL BUSINESS DEVELOPMENT, Susan R. Jones

THE BLACK LUNG BENEFITS ACT—SIXTEEN TONS, WHAT DO YOU GET?: HOW DO YOU DETERMINE A MINER HAS HAD A MATERIAL CHANGE IN CONDITION TO ALLOW A SUBSEQUENT CLAIM FOR BENEFITS?, Jeffrey R. Lindequist

THE CASE FOR AMERICAN HISTORY IN THE LAW SCHOOL CURRICULUM, Harold P. Southerland

THE CRISIS IN HOUSING AND HOUSING FINANCE: WHAT CAUSED IT? WHAT DIDN'T? WHAT'S NEXT?, Ellen Harnick

THE FAIR LABOR STANDARDS ACT—WHERE THE FOURTH CIRCUIT WENT WRONG IN SHALIEHSABOU v. HEBREW HOME OF GREATER WASHINGTON: JUDICIAL EXPANSION OF FAIR LABOR STANDARDS ACT EXEMPTIONS TO INCLUDE MINISTERIAL EMPLOYEES, Sarah L. Santos

THE GIRL-WIFE AND THE ALIENISTS: THE FORGOTTEN MURDER TRIAL OF JOSEPHINE TERRANOVA, Jacob M. Appel

THE GREENING OF COMMUNITY ECONOMIC DEVELOPMENT: DISPATCHES FROM NEW YORK CITY, Carmen Huertas-Noble, Jessica Rose, and Brian Glick

THE HEALTH CARE CHOICE ACT: THE INDIVIDUAL INSURANCE MARKET AND THE POLITICS OF "CHOICE", Elizabeth A. Pendo

THE IMPACT OF MINORITY SET-ASIDE PROGRAMS ON BLACK BUSINESS SUCCESS IN CLEVELAND, OHIO: IMPLICATIONS FOR PUBLIC POLICY, Bessie House-Soremekun

THE IMPACT OF PROFESSIONAL SPORTS ON THE LOCAL ECONOMY, Dr. Sharianne Walker and Dr. Michael Enz

THE IMPORTANCE OF EMINENT DOMAIN IN COMMUNITY DEVELOPMENT PROJECTS, Eddie A. Perez

"THE MERCEDES DIVIDE?"—AMERICAN SEGREGATION SHAPES THE COLOR OF ELECTRONIC COMMERCE, Leonard M. Baynes

THE REBIRTH OF FIELDS CORNER: VIETNAMESE IMMIGRANT ENTREPRENEURS AND THE REVITALIZATION OF A BOSTON NEIGHBORHOOD, Paul Watanabe

THE REVISED UNIFORM PARTNERSHIP ACT--BREAKING UP (OR BREAKING OFF) IS HARD TO DO: WHY THE RIGHT TO "LIQUIDATION" DOES NOT GUARANTEE A FORCED SALE UPON DISSOLUTION OF THE PARTNERSHIP, Tiffany A. Hixson

THE WIRETAP ACT—RECONCILABLE DIFFERENCES: A FRAMEWORK FOR DETERMINING THE "INTERCEPTION" OF ELECTRONIC COMMUNICATIONS FOLLOWING UNITED STATES V. COUNCILMAN'S REJECTION OF THE STORAGE/TRANSIT DICHOTOMY, Michael D. Roundy

TOUCHED BY AN ANGEL?: ENTREPRENEURS SEEKING AND OBTAINING PRIVATE EQUITY FINANCING, Tatiana S. Manolova, Candida G. Brush, and Linda F. Edelman

TOWARDS A NATIONAL COMMUNITY: THE CRA AND THE CONTEMPORARY MARKET, Michael P. Malloy

TRADEMARK LAW—THE EXTRATERRITORIAL APPLICATION OF THE LANHAM ACT: THE FIRST CIRCUIT CUTS THE FAT FROM THE VANITY FAIR TEST, Brendan J. Witherell

UNDER-REGULATED HEALTH CARE PHENOMENA IN A FLAT WORLD: MEDICAL TOURISM AND OUTSOURCING, Nicolas P. Terry

UNDERSTANDING THE SOCRATIC METHOD IN LAW SCHOOL TEACHING AFTER THE CARNEGIE FOUNDATION'S EDUCATING LAWYERS, Joseph A. Dickinson

UNIFORM ACTS—CAN THE DEAD HAND CONTROL THE DEAD BODY? THE CASE FOR A UNIFORM BODILY REMAINS LAW, Tracie M. Kester

UNIFORM PARENTAGE ACT—SAY GOODBYE TO DONNA REED: RECOGNIZING STEPMOTHERS' RIGHTS, Megan S. Calvo

UPROOTING THE CELL-PLANT: COMPARING UNITED STATES AND CANADIAN CONSTITUTIONAL APPROACHES TO SURREPTITIOUS INTERROGATIONS IN THE DETENTION CONTEXT, Amar Khoday

URBAN ENTREPRENEURSHIP AND THE PROMISE OF FOR-PROFIT PHILANTHROPY, Victor Fleischer

URBAN ENTREPRENEURSHIP: PATTERNS AND POLICY, Jeffrey Robinson

WESTERN NEW ENGLAND COLLEGE SCHOOL OF LAW CONVOCATION SPEECH, Michael S. Greco

WHEN TRIAL AND PUNISHMENT INTERSECT: NEW DEFECTS IN THE DEATH PENALTY, Alexander Bunin

WHERE TO GO AFTER KELO? BACK TO THE FUTURE!, Harry P. Carroll

WHITE INVESTMENT IN BLACK BONDAGE, Geiza Vargas-Vargas

WHY THE CHECK CASHERS WIN: REGULATORY BARRIERS TO BANKING THE UNBANKED, Peggy D. Hamilton

WHY THE LAW OF ENTREPRENEURSHIP BARELY MATTERS, Jeffrey M. Lipshaw

WILL NEW APPOINTEES TO THE SUPREME COURT BE ABLE TO EFFECT AN OVERRULING OF ROE V. WADE?, Richard H. W. Maloy

WORKERS' COMPENSATION/ATTORNEY'S FEE AWARDS--FORM OVER SUBSTANCE?: STATUTORY REQUIREMENTS FOR ATTORNEY'S FEE AWARDS UNDER THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, Danielle S. Michaud