Category Archives: Notes

Redefining the Legal Family: Protecting the Rights of Coparents and the Best Interests of Their Children

What makes a family? Perhaps biological relation determines family. But, are two parents and their adopted child a family? Surely, the answer to this inquiry shows that family is not necessarily based on biology. Perhaps, then, an interactive, loving, caretaking … Continue reading

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Why There Should Be a Duty to Mitigate Liquidated Damages Clauses

On May 15, 2008, the Massachusetts Supreme Judicial Court held that there is no duty for non-breaching parties to mitigate damages in the face of a liquidated damages clause. In 2002, Paul Minihane entered into a ten-year license agreement with … Continue reading

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Categorizing Zipporah’s Petition

Let me begin by expressing how much I enjoyed reading and hearing Melinde Sanborn’s fascinating essay on Zipporah’s case. I cannot emphasize enough how valuable work like Sanborn’s is to historians such as myself who try to write synthetic histories … Continue reading

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Habeas by Any Other Name

I am most grateful to Melinde Sanborn and Professor William E. Nelson for their work on a fascinating case which has enriched my thinking regarding the major project now engaging me and enabled me to put together a few preliminary … Continue reading

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Managing Scarce Water in the Face of Global Climate Change: Preventing Conflict in the Horn of Africa

Scientists predict that global climate change will alter the planet in significant ways. Weather patterns will change, causing drought in some areas and increased precipitation leading to devastating flooding in others. The United Nations, a significant number of governments, and … Continue reading

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The Solution to the United States’ Energy Troubles Is Blowing in the Wind

In order to address the growing energy needs in the United States, the development of alternative energy resources is imperative. According to the U.S. Department of Energy (“DOE”), fossil fuels comprise sixty-seven percent of the electricity used in America and … Continue reading

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Stripping Down the Reasonableness Standard: The Problems with Using In Loco Parentis to Define Students’ Fourth Amendment Rights

The Fourth Amendment protects citizens “against unreasonable searches and seizures” unless the search is founded “upon probable cause.” However, it has been almost a quarter of a century since the U.S. Supreme Court first established the reasonableness standard for searches … Continue reading

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Cutting the Party Line: How the SEC Can Silence Persisting Phone Call Tips

The fundamental premise of the U.S. federal securities laws is full and fair disclosure to all investors regardless of status or number of shares in their portfolios.1 Then why, after more than seventy years of prohibition, are there still blatant … Continue reading

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Music Mashups: Testing the Limits of Copyright Law as Remix Culture Takes Society By Storm

In an age where rapidly changing technology is transforming traditional methods of communication and expression, many wonder if the laws of the twentieth century will suffice in the new millennium. The Framers of the Constitution certainly did not anticipate the … Continue reading

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Leading the Way in Unconstitutional Delegations of Legislative Power: Statutory Incorporation of the LEED Rating System

“Green building” was [o]nce considered to be a part of the Left Coast fringe, along with hot tubs and macrame,” but this perception has changed dramatically in the minds of the American people.2 The green building movement has roots in … Continue reading

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