The Securitization of Student Loans: How Investors Are Making Money Off Your Loans

By Elena J. Despotopulos

The securitization of student loans began in the early 1990s, after the passing of Rule 3(a)(7) of the Investment Company Act of 1940, which exempted sellers of asset-backed securities from registering as investment companies. 17 CFR § 270.3a-7. This rule essentially removed the regulatory constraints and costly registration requirements that previously existed for sellers of asset-backed securities. Id. Asset-backed securities are investments in a pool of underlying assets. In the case of student loan asset-backed securities (SLABS), outstanding student loans are grouped together into pools, which investors purchase and get a return when borrowers make their loan payments . . .

PAWS II – Massachusetts Bites Back Against Animal Cruelty

By Sarah J. Butson

In 2014, Massachusetts passed a comprehensive animal cruelty reform law known as An Act Protecting Animal Safety and Welfare (“PAWS”). 293 M.G.L. §§ 1-5 (2014). This law was inspired by heinous, sustained acts of abuse enacted against a dog, which came to be known as “Puppy Doe.” Nik DeCosta-Klipa, Everything You Need to Know About the Upcoming ‘Puppy Doe’ Trial, Boston.Com (August 7, 2017), https://www.boston.com/news/local-news/2017/08/07/everything-you-need-to-know-  about-the-upcoming-puppy-doe-trial. Recently, Radoslaw Czerkawski, the Puppy Doe abuser was tried and sentenced for animal abuse. CITATION. Czerkawski will be serving a sentence of 8-10 years in state prison. . .

Could Civil Rights Go Up In Smoke?: The Future of the SJC’s Barbuto Decision Under The Trump Administration

By Amanda M. Ghannam

Despite the fact that medical marijuana has been perfectly lawful in Massachusetts since 2012, it was not until July 2017 that the Supreme Judicial Court affirmed an employee’s right to use medical marijuana without fear of adverse employment decisions. See St. 2012, c. 369, §1 et seq; Barbuto v. Advantage Sales Marketing, LLC, 477 Mass. 456 (2017). Barbuto was the first major Massachusetts decision that linked medical marijuana use to the issue of employment discrimination. 477 Mass. 456 (2017). But whether Barbuto will survive under the Trump administration remains to be seen. Now that Jeff Sessions has rolled back Obama-era protections against federal prosecution of marijuana possession, a confrontation between state and federal law – potentially endangering the rights recently affirmed by the Barbuto court – may be inevitable . . .

Librarians Seek to Foster Inclusive Spaces, Fear Legal Action

Siri Nelson

The murder of Heather Heyer and the injury of at least 19 others during an event organized by hate groups in Charlottesville, Virginia, has forced many Americans to grapple with rhetoric spewed by hate groups and whether such speech should be protected under the First Amendment. See, e.g., K-Sue Park, The A.C.L.U. Needs to Rethink Free Speech, N.Y. Times (Aug. 17, 2017); Jonathan Hamrick, After Charlottesville, Reconsider the First Amendment, The Emory Wheel (Sept. 6, 2017); Josh Blackman, The First Amendment on the Grounds in Charlottesville, LawFare (Aug. 14, 2017, 2:00 PM) . . .

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Salvadoran Nationals are Faced with the Reality that TPS was in Fact Temporary

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By Karina I. Guzman

On Monday, January 8, 2018, the Trump Administration announced that it would not renew Temporary Protected Status (“TPS”) for Salvadoran and other nationals. As a result, “more than 200,000” noncitizens from El Salvador will be forced to leave the United States. Tal Kopan, Trump Admin Ends Protections for 200,000 Salvadorans, CNN (Jan. 8, 2018). These noncitizens have until September 9, 2019, to get their affairs in order and leave the United States, a home many have known for seventeen years. Id. Although the program is titled “temporary,” TPS for Salvadoran nationals has been anything but. Salvadorans have been allowed to build a life in the United States since 2001, when an earthquake devastated their country. Miriam Jordan, Trump Administration Says That Nearly 200,000 Salvadorans Must Leave, N.Y. Times (Jan. 8, 2018). So why end TPS now? . . .

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The State of Bail in Massachusetts Following the Brangan Decision

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By M. Leonard

Bail sentencing that does not consider the financial ability of the defendant is unjust. “More than 60% across the country have not been convicted of any crime; “9 in 10 of those people are” detained solely for their inability to make bail. Cherise Fanno Burdeen, The Dangerous Domino Effect of Not Making Bail, The Atlantic (April 12, 2016). Massachusetts has long been active in incarcerating people merely for their inability to make bail, thus advocates for bail reform were excited when on August 25, 2017, the Massachusetts Supreme Judicial Court ruled in Brangan v. Commonwealth that judges must consider a defendant’s financial ability before setting a bail amount . . .

Consumer Protections Fall Short Again for California PACE Customers

By Seth H. Barron

Property Assessed Clean Energy (“PACE”) is a type of financing program that is implemented by a state or local government. This program is designed to increase the usage of expensive clean energy technology and can be applied to either commercial or residential property. This program has been active in California since 2007. Enabling Legislation, PACENation, http://pacenation.us/pace-in-california/ (Last visited 6/20/2017) . . .

Appropriation Art and Copyright: Richard Prince is Back in Court

By Jessica Silbey

Richard Prince, the contemporary appropriation artist, has been sued again by a photographer whose pictures Prince reframed, cropped and commented upon for Prince’s own gallery show called “Untitled” at the famed Gagosian Gallery in New York City. Mahita Gajanan, Controversial Artist Richard Prince Sued for Copyright Infringement, The Guardian (Jan. 4, 2016), https://www.theguardian.com/artanddesign /2016/ jan/ 04/ richard-prince-sued-copyright-infringement-rastafarian-instagram. Plaintiff Donald Graham, the creator of the reused photograph at issue, called “Rastafarian Smoking a Joint,” originally made the photo in 1996 and published it in 1998 in magazines and through an art gallery . . .

SCOTUS to Address Whistleblowing Protections in Dodd-Frank

By Ryan McGovern Quinn
On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust, Inc. v. Somers, which is likely to settle whether employees who report misconduct to their employer rather than directly to the Securities and Exchange Commission (SEC) qualify as whistleblowers under the Dodd-Frank Act (“DFA”), thus resolving a split in the circuits on the question. See Berman v. Neo@Ogilvy LLC, 801 F.3d 145, 153 (2d Cir. 2015) (noting a circuit split on this issue, and listing the cases on each side of the split). This case will be important for NUSL students interested in employment law, securities law, and corporate compliance . . .

New Intellectual Property Strategy Enhancing Access to Medicines Announced in South Africa

By Brook Baker

I have worked closely with Professor Yousuf Vawda from the University of KwaZulu Natal on patent law reform in South Africa since 2001.  It’s been a long haul, but recent success in the form of a newly announced Intellectual Property Strategy has only been possible because of our collaboration with leading treatment access movements in South Africa, most especially the Treatment Action Campaign, Section27 (formerly the AIDS Law Project), and Doctors Without Borders . . .

Moving Too Quickly: Consumers Left Behind in PACE Financing Scheme

By Seth H. Barron

Property Assessed Clean Energy (“PACE”) is a type of financing program that is implemented by a state or local government. This program is designed to increase the usage of expensive clean energy technology and can be applied to either commercial or residential property. This program has been active in California and Florida since 2007 and 2010 respectively. Enabling Legislation, PACENation, http://pacenation.us/pace-in-california/ (Last visited 6/20/2017); Enabling Legislation, PACENation, http://pacenation.us/pace-in-florida/ (Last visited 6/20/2017) . . .

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Michelle Carter Conviction: Words Alone May Finally be Enough

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By Laurel Newman

In the wake of the Michelle Carter decision, many questioned how Ms. Carter’s actions amounted to involuntary manslaughter. While the facts of this case have been found to satisfy involuntary manslaughter, Carter’s actions may have been more appropriately and effectively handled by cyberbullying laws . . .

Every Noncitizen is a Priority in Donald Trump’s America

By Karina I. Guzman
On January 25, 2017, President Donald Trump signed an executive order effectively changing immigration practices. The executive order has been spoken about extensively but the change in priority enforcements has been left out of that conversation. However, operating under these new priority enforcements, immigration officials picked up five noncitizens at the Lawrence, Massachusetts Immigration Office on March 31, 2017. This action by immigration officials shocked the community and immigration attorneys alike. The change in priority enforcements has forced immigration attorneys to change the advice they are giving to their clients . . .

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What is abatement and why is everyone in MA talking about it? (Updated February 7, 2018)

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By Monica Delateur

With the discussion surrounding Aaron Hernandez’s conviction, acquittals, and suicide, are you wondering why there is also a discussion of abatement? Though not necessarily a new legal development, abatement could allow Hernandez’s conviction to be avoided. Read on for a quick summary . . .

21,000+ Drug Cases Dropped Due to Dookhan Scandal

By Monica Delateur

Tuesday, April 18, 2017, was the deadline for prosecutors to determine what to do about convictions impacted by the Annie Dookhan evidence-tampering scandal. Massachusetts prosecutors decided to drop more than 21,000 drug cases implicated by the scandal. The dismissal of these cases was approved by the Supreme Judicial Court (SJC) on April 19th.

Physical Evidence of Certain Opioids Banned from Massachusetts Trial Courts

By Monica Delateur

The concern and devastating consequences of the Northeast’s opioid epidemic has taken an unexpected turn impacting trial courts and prosecutions. Effective January 8, 2018, substances containing any amount of fentanyl or carfentanil are banned from Massachusetts trial courthouses. Chief Justice of the Trial Court Paula Carey iterated the Trial Court‘s new policy in a memo, stating that the substances will only be allowed in the courtroom in very limited circumstances, including through a valid prescription where medical need requires use during the court day.

Post-Conviction DNA Testing in Massachusetts

By Monica Delateur

A case heard by the Supreme Judicial Court of Massachusetts (SJC) on April 3, 2017, has the potential for the SJC to determine the extent of Massachusetts‘s post-conviction DNA statute Mass. Gen. Laws ch. 278A.  Section 278A was passed in 2012, and as discussed in Commonwealth v. Moffat, allows a defendant to bring a post-conviction motion for DNA testing if the analysis has the potential to result in evidence material to the identification of the perpetrator of the crime in the underlying case . . .

4 Tips to Publishing While on Co-op

Are you interested in publishing written pieces on legal developments while on co-op? Recently I sat down with Stuti Kokkalera, L.L.B., L.L.M. (and current doctoral student in Northeastern University’s Criminology and Justice Policy program), to discuss tips that she followed and that are worth thinking about in order to publish while being an intern. These four tips are valuable tools to develop written-work during your co-op, and you can continue to use them when you return to the academic quarter . . .