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?…

Juvenile “Justice”: A Preface

BY PRINCESS R. DIAZ-BIRCA

Less than twenty years ago, the United States Supreme Court ruled that sentencing a child to death is a violation of the Eighth Amendment. Since then, the juvenile legal landscape has rapidly evolved with advocates achieving a monumental victory in which the Supreme Court held that children are constitutionally different from adults, recognizing the growing science related to adolescent brain development and its key role in understanding the actions, and reduced culpability, of youth. However, following that decision, the political and legal landscape of the Court has again undergone major change, though in a different direction. Now a political minefield, advocates need to once again re-draw the maps to our former victories in order to know which legal challenges have the greatest chance of solidifying crucial protections for our youth…

Recognizing the Human Right to a Healthy Environment: Annotated Bibliography

By Solène Kerisit, Master’s Student in Public Economic Law, Sciences Po Law School and Martha F. Davis, University Distinguished Professor and Co-Director, Program on Human Rights and the Global Economy, Northeastern University School of Law

 

On July 28, 2022, the United Nations General Assembly (UNGA) adopted Resolution 76/300 recognizing the human right to a clean, healthy, and sustainable environment.  This is a historic step forward for environmental rights, but it is not the end point. Rather, this signals a new phase of international engagement, with more focused debates, more international consultations, and fierce, new legal actions to promote an effective “rights-based approach” to the crises of climate catastrophes, biodiversity loss, and pollution.

 

This guide was created to assist the scholars, advocates, and activists who are carrying this work forward and engaging with the further development and implementation of the human right to a healthy environment. Following this Introduction, Section I provides background on the development and recognition of this important new right. Section II addresses the challenges associated with defining the right to a healthy environment. Section III outlines human rights principles and standards related to the right. Section IV provides an annotated bibliography of resources that will support further research on, and development of, the right…

Cybersecurity and Gender-Based Violence: Proposals for Combatting Sextortion

By Adya Kumar

Society tends to view cybersecurity as an issue primarily for major institutions to grapple with. Phishing, malware, and social engineering were identified as top cybersecurity threats in 2020, and, as a result, companies were required to take steps to protect against cyberattacks that target “ransomware victims such as high-net-worth individuals.” Further, technological advancements have led to widely publicized security threats aimed at corporations or governments, as well as the personal data of millions of citizens who trust their crucial information to remain secure online and on their computers. But those most vulnerable to these cybersecurity threats—at risk almost daily—are not major institutions, but individuals, and the perpetrators are not simply seeking to steal personal data, but rather to steal their victims’ dignity. . . .

Celebrating the Life of Chief Justice Ralph Gants

An Event Hosted by Northeastern University School of Law

On September 23, 2020, Northeastern University School of Law hosted a virtual gathering to celebrate the life of Chief Justice Ralph Gants. Chief Justice Gants was a treasured friend and mentor to many in our community and a cherished husband of Professor Deborah Ramirez. While the Northeastern community mourns his passing, we strive to continue the extraordinary work that Chief Justice Gants began and to continue to carry on his legacy. The following are remarks made by family, friends and colleagues as our community came together to celebrate the life of Chief Justice Gants.

A Call for Reform: What Amy Cooper's 911 Call Reveals About the "Excited Utterance" Exception

By Jessica Frisina*

I. INTRODUCTION: THE CALL

It’s early on a Monday morning when Amy Cooper dials 911. “I’m sorry,” she says to the operator, “I’m in the Ramble and there is a man, African American, he has a bicycle helmet, he is recording me and threatening me and my dog.” She pauses briefly to listen to the dispatcher, then takes a breath and repeats herself, her voice slightly louder, her pitch slightly higher. “There is an African American man, I am in Central Park, he is recording me and threatening myself and my dog.” Another beat passes as she wrangles the collar of her cocker spaniel, her phone cradled between her head and her shoulder. With her voice ragged as though she’s out of breath and with her pitch escalating in distress, she repeats her story a third time, pleading, “I’m sorry, I can’t hear you either! I am being threatened by a man in the Ramble! Please send the cops immediately!”

Challenging the Narrative: Challenges to ICWA and the Implications for Tribal Sovereignty

By Hannah Taylor

What does it mean to be an Indian child in the U.S.? In cases such as Adoptive Couple v. Baby Girl and Brackeen v. Bernhardt, the United States Supreme Court and the United States Court of Appeals for the Fifth Circuit, respectively, have tried to answer this question, specifically as it relates to the Indian Child Welfare Act (“ICWA”). These two cases involve non-Indian families attempting or hoping to circumvent ICWA to adopt Indian children. While Adoptive Couple is final, having been decided by the United States Supreme Court, Brackeen v. Bernhardt is currently pending in the Fifth Circuit. ICWA has been upheld by the courts in these cases so far, but, in Adoptive Couple, the Supreme Court revealed an ignorance of Indian family dynamics and of the idea that Indian children’s ties to their culture are critically important both for the children and the tribes. This failure, coupled with the Court’s apparent disapproval of basic principles related to tribal sovereignty, presents the risk that the Supreme Court may overturn ICWA if Brackeen reaches it. Such a result would very likely have widespread implications for the entire field of federal Indian law…