Northeastern University Law Review
Missing the Bus: The Promise and Failure of the ...

By Thomas Hislop

In 1965, Massachusetts became the first state in the nation to enact a law that directly addressed racial imbalances in its public schools.[1] Championing the legacy of Brown v. Board of Education (1954) (“Brown”), the Racial Imbalance Act (“the RIA”) strived for “promotion of racial balance and the correction of existing racial imbalance in the public schools.”[2] This unprecedented legislation, however, never achieved its purpose. A court order designed to implement the RIA that required Boston public schools to integrate was met with fierce opposition and, eventually, prompted significant white flight.[3] Today, Boston public schools are more segregated than they were sixty years ago.[4]


[1] Dennis Ford Eagan, Note, The Past, Present, and Future of School Desegregation Law in Massachusetts, 34 Suffolk U. L. Rev. 541, 556 (2001).

[2] Mass. Gen. Laws ch. 71, § 37C (1965).

[3] See infra notes 44-54.

[4] See Christina Pazzanese, Boston Busing in 1974 Was About Race. Now The Issue Is Class, The Harv. Gazette (June 18, 2024), https://news.harvard.edu/gazette/story/2024/06/school-reform-expert-on-50-year-legacy-of-boston-busing/#:~:text=Current%20enrollment%20is%20now%20roughly,mental%20health%20and%20behavioral%20problems (“Students of color are now more racially isolated in Boston public schools than ever before.”); Desegregation Busing, Bos. Rsch. Ctr., https://bostonresearchcenter.org/projects_files/eob/single-entry-busing.html (“As of 2018, more than half of Boston Public Schools are profoundly segregated, more so than they were in 1965.”).

Northeastern University Law Review
Reforming Res Judicata for the Sake of Diffuse ...

By Cansu Koça

This article discusses the contemporary challenges of diffuse interest class actions. The primary issue is the limited access to justice for members of the diffuse class, exacerbated by the res judicata principle and inadequate due protection mechanisms. Therefore, the intricate process of certifying a diffuse class and ensuring adequate representation will be addressed. Concerns regarding the inability of various notice methods to reach all members of the diffuse class will also be highlighted, further underscoring the need for comprehensive reform. Drawing insights from innovative approaches in countries like Brazil and Argentina, this article proposes a nuanced res judicata framework in the U.S. that addresses adequacy concerns and upholds the principle of due process, while navigating the complexities of diffuse interest class actions.

Northeastern University Law Review
An Analysis of the Current U.S. Regulatory ...

By Joseph Steinbach

For the past decade, cryptocurrency companies have found themselves squarely in the crosshairs of litigation initiated by the Securities Exchange Commission (SEC). The question that is currently dominating the courtroom in this arena is whether the sale of a company’s key digital assets, commonly referred to as “cryptocurrency” or "crypto," constitutes the sale of securities under federal law.Tasked with overseeing the securities market, the SEC seeks to ensure safe and fair participation in federal securities exchanges. With recent scandals and accusations of fraud plaguing major players in the industry, the SEC is now taking a firmer regulatory stance than it had in the past. Today, circuit splits concerning the applicable regulatory framework and the appropriate definition of  “securities” continue to fuel the fire of this contentious debate.

Northeastern University Law Review
What is a “Meaningful Opportunity?” Disparities ...

BY EILIDH CURRIE

When it comes to criminal culpability, the Supreme Court has consistently treated children in a manner different than adults. Because of this understanding, the Court has recognized that sentences of life without parole may be too harsh for minors. The Court has banned mandatory juvenile life without parole (JLWOP) but permits courts to issue discretionary JLWOP sentences. The Supreme Court also permits courts to impose lengthy sentences, often called “virtual” or “de facto” life sentences. However, when issuing these lengthy sentences, courts must ensure that a minor retains a meaningful opportunity for release. Striking this balance is a challenge for sentencing courts: how long of a sentence is too long? Which sentences equate to JLWOP? What is a meaningful opportunity?…

Informed Consent: A Right Essential for All, Afforded to Few

By Jonathan L. Culpepper

Many African-Americans in the United States receive neither the adequate cancer prevention and detection services nor the most appropriate treatment when faced with a cancer diagnosis. This article proposes that an underlying factor influencing the inequality of treatment and care is the negative predisposed stereotypes and biases many practitioners have towards lower income minorities, particularly African-Americans. These predisposed stereotypes and biases can result in incomplete disclosure regarding an individual’s diagnosis, treatment, and monitoring, among other things. This article arrives at the conclusion that the lack of informed consent has played an important role in the health inequity between minorities of color and people who identify as White.

The Summer of Market Basket: Shareholders vs. Customers, Employees, and Public Interest

By Pamela Swanson

After firing its CEO in the summer of 2014, Market Basket Inc. (“Market Basket”) found itself in a rare situation that exposed the relatively unknown, but potentially disastrous consequences of focusing solely on the short-term increase of shareholder value. In the wake of employees and customers effectively bringing a $3.7 billion corporation’s operations to a standstill, there is an opportunity to question what boards of directors should consider when making decisions that are in the best interest for the company. The concern for and interest in the “Main Street” understandings may become more relevant to a corporation as it contemplates profit-making strategies. Thus, if the key to corporate success may no longer exclusively be increasing shareholder value, then what is the best approach?

The reactions of many non-shareholder constituents following the contentious decision of Market Basket’s board of directors provide an opportunity to examine the necessary elements of corporate profit maximization and the presence of narrative in corporate law. The current landscape of corporate law, corporate governance, and the focus on shareholder value can be analyzed using the events surrounding Market Basket as an illustration of what may happen more regularly in the future if corporations do not adjust their priorities.

Two Sides of the Same Bitcoin: Why the Federal Government and the Judiciary Should Treat Bitcoin Consistently as Virtual Currency, not Property

By Cory Lamz

Is bitcoin a type of virtual currency or a type of property? Either definition of bitcoin also carries other issues—including tax and regulation issues. The most critical issue related to the treatment of bitcoin is the criminal issue. How may bitcoin users be charged criminally? And since no bitcoin-specific legislation currently exists, under what laws may bitcoin users be charged?

Hijabs, Yarmulkes, Dastaars, and Explicit Notice Requirements: The Threat to Religious Accommodations Under Title VII

By Georgi J. Vogel Rosen

In this article, I trace the development of Title VII religious accommodations and argue that the Tenth Circuit’s interpretation undermines the very purpose of the religious accommodation requirement.  The Tenth Circuit’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. provides employers with a roadmap for discriminating against applicants from identifiably religious minority backgrounds without significantly risking liability.  At a time when certain religious minorities—specifically, Muslims, Jews, and Sikhs—already are disproportionately targeted because of bias, the requirement that employees or applicants explicitly notify employers of the need for religious accommodations increases their vulnerability.

Free Exercise, Halacha, and Goodridge: Examining Jewish Perspectives on Same-Sex Marriage Within Massachusetts’ Legal Framework

By Greg Sager

In Massachusetts, rabbis have the authority to perform civil same-sex marriages, but can they refuse to do so? By identifying the same-sex marriage stances of the three largest American Jewish denominations – the Orthodox, Conservative, and Reform Movements – and by examining the current state of the law, this article will show that Massachusetts offers rabbis no legal protection and will explore the implications for the Movements, rabbis, and same-sex couples involved.

Developments in the Ecuadorian ITT Initiative and Yasuní National Park: Balancing the Protection of the Environment and Native Rights

by Lena Cavallo

Matt Finer, a scientist at the Center for International Environmental Law in the United States, expressed his view on the situation surrounding Yasuní National Forest in Ecuador: “Now there is really no viable alternative to stop the wave of drilling slated for the most biodiverse region of the world.” It is true the number of ways to save Yasuní may be shrinking, but they have not yet disappeared.