by Hillary Knight

Section I of this paper briefly describes constitutional privacy jurisprudence and why the government gains power and authority as it restricts the private sphere, particularly with regard to reproductive rights.  Section II describes the exclusionary and discriminatory mechanisms employed to regulate the sale and purchase of PBOS, which is one of the ways that the government exercises its parent-like control over the decisions and freedoms of young women.  The final section argues that privacy jurisprudence and exclusionary mechanisms are simply ways in which the state creates and perpetuates its role as guardian and parent over its citizens.  Like the ability to ground rebellious teenagers or to set their curfews, the limitations set by the state are not to be challenged or questioned, but followed with the understanding that they are executed with our best interests in mind.  This, I suggest, is quite dangerous and it is why Judge Korman’s reversal of Sebelius was deeply threatening, not only to the HHS, but also to the entire executive branch. 

By Njideka Chukwu

Antimicrobial, sometimes referred to as antibacterial, hand soaps contain certain chemicals not found in plain soaps. The purpose of these added chemicals is for the reduction or prevention of bacterial contamination.  Many antimicrobial hand soaps contain a chemical called triclosan.  Triclosan is a chemical that concerns many environmental and industry groups because studies show that in testing done on animals, triclosan is a hormone disrupter, meaning that it has been classified as a chemical that prevents the natural flow of hormones to specific parts of the human body.  In addition, some studies indicate that triclosan exposure actually makes bacteria resistant to antibiotics; thus, such research leaves open the possibility that triclosan exposure may lower the effectiveness of medical treatments.  Triclosan has chemical properties that allow it to accumulate in fatty tissues and has been found in animal and human samples. There have also been toxicity studies in humans that assessed the effect of chronic exposure to triclosan.  Alarmingly, triclosan has a similar chemical structure to nonsteroidal estrogens found in humans. There have also been in-vitro studies done with triclosan.  For example, studies done in 2007 and 2008 have shown triclosan to affect anti-androgenic and anti-estrogenic levels in human breast and testosterone cells. Specific endocrine-disruptor compounds have been shown to increase the development of prostate cancer.  Although there has been a link to prostate cancer, not enough is known to prove the link some researchers have found.

This article highlights the most recent legal challenges brought against the Food and Drug Administration and hand soap companies. I will examine how plaintiffs have successfully brought suit against parties who play a role in either regulating or promulgating the presence of triclosan in U.S. markets. I argue that there should be an increase in the regulation of triclosan in antimicrobial hand soaps.

By Jordan L. Payne

This paper will first address the competing frames within the contested realm of surrogacy, contrasting the “baby selling” with “gift of life” rhetoric. Through these frames, this paper will compare Illinois and New Hampshire’s respective regulation of surrogacy contracts. Comparing the intended parent-friendly scheme in Illinois with the surrogate mother-friendly posture of New Hampshire law, this paper will advocate for a sensitive balance in any forthcoming Massachusetts legislation. In envisioning legislation for Massachusetts, I will argue that true protection of the surrogate can be achieved by allowing full payment to the surrogate (beyond medical expenses), and banning any post-birth termination provisions. Additionally, I will urge Massachusetts to incorporate mandatory healthcare for the surrogate, and require legal counsel for both parties to the contract. Finally, I will advocate for incentivization of “gestational surrogacy” in light of the ethical (and often religious) concerns that arise from “traditional surrogacy” arrangements. The ethical debate over surrogacy illuminates the societal forces that often stall legislation – these dilemmas are apparent in the New Hampshire and Illinois surrogacy laws. Massachusetts lawmakers can no longer punt this hotly contested issue to the courts, contributing to the patchwork of uncertain precedent for families opting for surrogacy arrangements.

By Jess Megee

Famous tales of groups implementing violent means to further their illegal business operations have shaped the common conception of organized crime in Massachusetts. In response to this type of crime, the Massachusetts legislature enacted Massachusetts General Law ch. 272, § 99 (Section 99), which authorized police to use wiretaps to investigate organized criminal activity. Section 99 substantially relies on this common conception of organized crime, only authorizing wiretaps where criminals have committed a “designated offense” in connection with “the organized criminal trade.” This standard, however, has become impracticable in the modern criminal landscape.

The issue with Section 99’s efficacy is a direct result of the type of criminal activity prevalent in Boston. Since the fall of La Cosa Nostra and Whitey Bulger’s Winter Hill Gang, an array of highly territorial “street gangs” have dominated Boston’s underworld.” Although these entities engage in many of the same criminal operations as their more famous predecessors, they do so with less clear and defined motives. The difficulty in deciphering a clear motive renders the standard for upholding single-person consent wiretaps far too exacting to investigate gang related criminal activity. In particular, Section 99 proves inadequate as a tool to investigate gang violence, which is commonly motivated by retaliation, longstanding feuds and stature in the community, rather than any pecuniary end.

By John E. Murray

Unmanned Aircraft Systems, commonly referred to as drones, have the potential to transform our lives, from providing package delivery to serving as hovering wi-fi beacons. Although drones are most often associated with surveillance in combat zones, civilian law enforcement agencies have not yet widely utilized drones for surveillance. The Supreme Court has held that civilian law enforcement agencies may use manned aircraft for surveillance without engaging in a “search” under the Fourth Amendment and may do so without a warrant. If this precedent were to apply to drone surveillance, civilian law enforcement agencies would effectively have carte blanche to conduct warrantless drone surveillance on citizens.

By Arpita Bhattacharyya

The terms “process, machine, manufacture, and composition of matter” in Section 101 of the U.S. Patent Act provide an expansive scope for patentable subject matter. To rein in this vast scope, the United States Supreme Court decreed that “laws of nature, natural phenomenon, and abstract ideas” are outside the ambit of patentable inventions. Thus far, the Supreme Court has failed to provide any clear rationale for such per se exclusion, except for frequently raising preemption concerns in its analysis of subject matter exclusion, thus frustrating the application of the patentable subject matter doctrine to emerging technologies, such as genetics, medical diagnostics, computer software, and business methods.