Western New England law review最新文献

{"title":"Black, White, and Blue: Bias, Profiling, and Policing in the Age of Black Lives Matter","authors":"Bridgette Baldwin","doi":"10.31228/osf.io/qcr32","DOIUrl":"https://doi.org/10.31228/osf.io/qcr32","url":null,"abstract":"Published: Bridgette Baldwin, Black, White, and Blue: Bias, Profiling, and Policing in the Age of Black Lives Matter, 40 W. NEW ENG. L. REV. 431 (2018).The United States has experienced a series of murders at the hands of the police in recent years, from Michael Brown to Tamir Rice to Eric Garner. The brutalization of Black people at the hands of the police is not new, but many are being introduced to the concept of police brutality through the channels of social media. Hashtags like #BlackLivesMatter and #TakeAKnee have revolutionized the conversation about racism and policing, bringing these incidents into mainstream media and common conversation. This movement has led to a deeper discussion on the following questions: (1) Why are Black people viewed as violent by the police?; (2) Why are these murders and acts of brutality being seen so regularly?; and (3) What has the criminalization of communities of color done to damage the public's perception of Black communities? This Article attempts to answer all of these questions, coming to the conclusion that while the police brutality of Black people is not new, our understanding of why these incidents occur has developed into a deeper understanding of the institutional racism behind police brutality.","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"40 1","pages":"431"},"PeriodicalIF":0.0,"publicationDate":"2018-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42899606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bankruptcy Law—Rethinking the Discharge of Late Filed Taxes in Consumer Bankruptcy","authors":"J. Dion, Barbara Curatolo","doi":"10.31228/osf.io/b6zrs","DOIUrl":"https://doi.org/10.31228/osf.io/b6zrs","url":null,"abstract":"Published: Justin H. Dion & Barbara Curatolo, Bankruptcy Law—Rethinking the Discharge of Late Filed Taxes in Consumer Bankruptcy, 40 W. NEW ENG. L. REV. 197 (2018).The 2005 amendments to the Bankruptcy Code, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted in order to improve bankruptcy law. However, BAPCPA has made the issue of whether late-filed taxes are dischargeable even murkier than before the amendments. After BAPCPA, some courts continued to analyze claims as they had before the amendment. Others used a “one-day-late rule” that prevented late-filed taxes from being dischargeable—even if the taxes were filed only one day late. This Article suggests a different approach. It argues that the legislature intended tax debt associated with late-filed income tax returns be dischargeable if the return is filed within two years of the due date. *","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"40 1","pages":"197"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46197019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Prosecution of Child Pornography—The One-Eyed Judge by Michael A. Ponsor: A Book Review","authors":"B. Cohen, Pat K. Newcombe","doi":"10.31228/osf.io/kb9y5","DOIUrl":"https://doi.org/10.31228/osf.io/kb9y5","url":null,"abstract":"Published: Beth D. Cohen & Pat Newcombe, Prosecution of Child Pornography—The One-Eyed Judge by Michael A. Ponsor, A Book Review, 40 W. NEW ENG. L. REV. 159 (2018)The safeguarding and protection of children in society is crucial. Yet, children remain a vulnerable population; they are abused, neglected, trafficked, and exploited in numerous ways. In his new book, The One-Eyed Judge, Michael Ponsor, Senior United States District Court Judge for the District of Massachusetts, Western Division, who has presided over numerous child pornography cases, explores the complexities and legal implications of child pornography and exploitation.","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"40 1","pages":"159"},"PeriodicalIF":0.0,"publicationDate":"2018-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48931180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Putting Guantanamo in the Rear-View Mirror: The Political Economy of Detention Policy","authors":"Peter S. Margulies","doi":"10.2139/SSRN.1491651","DOIUrl":"https://doi.org/10.2139/SSRN.1491651","url":null,"abstract":"National security policy often emerges in the signals presidents send. The Bush administration’s establishment of a detention camp at Guantanamo signaled a unilateralist bent and an impatience with the processes undergirding American law. President Obama’s announcement that he would close Guantanamo within a year underlined a contrast with the predilections of his predecessor. However, the new administration was not prepared for the resulting backlash in Congress. Ironically, the Bush administration’s travails and the Obama administration’s early stumble had something in common: in each case, officials failed to signal that they understood the interaction of three factors: efficiency, equity, and accuracy. Efficiency and accuracy present the most telling trade-off. Bush officials valued Guantanamo as a convenient site where they could detain and interrogate suspected terrorists with minimal interference. However, they unduly discounted the risk of false positives - detainees who actually posed no danger. Obama reframed efficiency to encompass the global good will that Bush had disdained. However, despite Obama’s fine intentions, many in Congress read his one-year deadline as a signal that he had not reckoned with the risk of false negatives - released detainees who posed a real danger to the United States. President Obama has since adjusted his course, outlining a three-pronged strategy for promoting accuracy including federal criminal trials, military commissions, and detention under the laws of war. Congress has signaled greater inclination to work with the President. However, congressional restrictions on the transfer of detainees to the United States reflect lingering anxiety. This Article discusses the virtues of the President’s approach, while arguing that aspects of the approach such as allowance of hearsay evidence echo the Bush administration’s neglect of false positives. In addition, the Article analyzes solutions for the equity issues raised by detainee stateside transfers, including creating a bipartisan Commission that could recommend dispersion rules limiting any one state’s share of detainees. It concludes that courts should uphold much of the President’s program, while limiting hearsay evidence and charges before military commissions. Courts should also broaden access to habeas corpus to include detainees at other sites such as Bagram air base. Moreover, a congressionally established Commission implementing dispersion rules could address equity issues while defusing political influences such as the “Not in My Backyard” (NIMBY) syndrome.","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"9 1","pages":"339"},"PeriodicalIF":0.0,"publicationDate":"2009-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68186943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Why the Law of Entrepreneurship Barely Matters","authors":"Jeffrey M. Lipshaw","doi":"10.2139/SSRN.954400","DOIUrl":"https://doi.org/10.2139/SSRN.954400","url":null,"abstract":"Despite valiant (if nascent) efforts to show that law, or at least courts and doctrine, matters in the broader study of entrepreneurship, I am skeptical that it really does. The reason goes to the fundamental orientation to rules and their application of law and lawyers, on one hand, and entrepreneurs, on the other. As much as law students like rules, and social scientists like theories capable of prediction and algorithms and models, there are inherent philosophical (and perhaps psychological) problems with the interaction of the lawyer and the entrepreneur. In the same way that the relationship of law to moral intuition is perennially debated and no less frequently unresolved as between empiricists and rationalists, foundationalists and anti-foundationalists, the social context of rule-following for legal ordering is at odds with the entrepreneur's orientation to rules. In this Essay (which serves as an introduction to a longer work), I want to explore several themes. First, as the philosophers have shown, there is no rule for the application of a rule, and what we perceive as a given result is a matter of social congruence rather than a result inherent in the rule itself. The social and psychological orientation of those who create law, and those who create innovation, are at odds. Second, the predominant approaches to the science of law fail to account for the inherent paradox (or antinomy) of judgment. Third, the very nature of a legal or regulatory solution, by and large, is cognitive, and fails to address the non-cognitive aspects of entrepreneurship. Finally, there is a fundamental distinction between the definition of one's presently ascertainable rights in property, and private ordering to deal with future contingency. In the former, the law comes as close as it ever does to being constitutive; in the latter, what we say now is merely ammunition for instrumental use later.","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"31 1","pages":"701"},"PeriodicalIF":0.0,"publicationDate":"2008-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67907938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DEVELOPMENT LENDING AND THE COMMUNITY REINVESTMENT ACT","authors":"Keith N. Hylton","doi":"10.2139/SSRN.897489","DOIUrl":"https://doi.org/10.2139/SSRN.897489","url":null,"abstract":"These remarks, prepared for the \"Issues in Community Economic Development\" conference at Western New England College, provide a brief overview of the law and economics literature on urban economic development. I conclude with a set of principles for legislative reform.","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"29 1","pages":"59"},"PeriodicalIF":0.0,"publicationDate":"2006-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67862233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Coercive abortions and criminalizing the birth of children: some thoughts on the impact on women of State v. Oakley.","authors":"Jennifer Martin","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"26 1","pages":"67-80"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25679453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Animal experimentation and the First Amendment.","authors":"T G Kelch","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"22 2","pages":"467-501"},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22379925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The diagnosis is anencephaly and the parents ask about organ donation: now what? A guide for hospital counsel and ethics committees.","authors":"J S Bard","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"21 1","pages":"49-95"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22409959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Death and the magic machine: informed consent to the artificial heart.","authors":"G. Annas","doi":"10.4324/9780429300745-20","DOIUrl":"https://doi.org/10.4324/9780429300745-20","url":null,"abstract":"","PeriodicalId":83501,"journal":{"name":"Western New England law review","volume":"9 1 1","pages":"89-112"},"PeriodicalIF":0.0,"publicationDate":"1987-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70613362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}