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UPDATE – Massachusetts Supreme Judicial Court Finds Doctrine of Abatement Ab Initio Outdated, Reinstates Aaron Hernandez’s Conviction

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By Monica Delateur

On April 19, 2017, former New England Patriots football player Aaron Hernandez committed suicide at the Souza-Baranowski Correctional Center outside of Boston, Massachusetts.  At the time of Hernandez’s death, the appeal of Hernandez’s conviction for the murder of Odin Lloyd was pending in front of the Supreme Judicial Court of Massachusetts. This high-profile suicide sparked a debate around the doctrine of abatement ab initio, applied in Massachusetts as well as a number of states at the time of Hernandez’s death . . .

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“AI, Ain’t I a Woman:” The Gendered Lens of Facial Recognition Technology

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By Christie Dougherty

Most facial recognition software cannot identify dark-skinned women. This was one of the most spine-chilling revelations at the Northeastern University Center for Law, Innovation and Creativity’s recent conference, “About Face: The Changing Landscape of Facial Recognition.” The conference highlighted the social and legal implications of surveillance technology. On Friday May 10, 2019, MIT researcher Joy Buolamwini gave a moving presentation highlighting a major problem in facial recognition technology: its gendered and racial lenses. AI, Ain’t I A Woman? Algorithmic Justice League Project, https://www.notflawless.ai/#2 (last visited June 14, 2019). Her research revealed this critical flaw in current software . . .

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Legislation to Watch: Abolishing Life Without Parole

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By Renna Ayyash

Seeking to continue the success of last session’s Criminal Justice Reform Act, St. 2018, c. 69, a number of currently proposed legislative bills aim to reprioritize rehabilitation, rather than punishment, in the Massachusetts’s prison system. The specific focus of this entry will be on An Act to Reduce Mass Incarceration, S.D. 533/H.D. 154, which would abolish the sentence of life without parole (LWOP), a sentence more than one in ten Massachusetts’ prisoners are serving. Ashley Nellis, Still Life: America’s Increasing Use of Life and Long-Term Sentences, The Sentencing Project (May 3, 2017). As this article hopes to illustrate, this proposed bill should be seriously considered for both pecuniary and financial reasons . . .

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In a Post-Michelle Carter World, Be Careful What You Say

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By Laurel Newman

The Supreme Judicial Court of Massachusetts (SJC) recently affirmed Michelle Carter’s conviction of involuntary manslaughter for her role in the suicide of Conrad Roy. The case has been especially newsworthy since before the trial occurred, due to Ms. Carter’s indictment resting solely on spoken and written words that the Commonwealth says coerced the victim to commit suicide. As this author previously wrote, this case is the first where a defendant has been found guilty of involuntary manslaughter without doing any physical act . . .

Take Notice! Deficient Notices to Appear No Longer Trigger the Stop-Time Rule in Removal Proceedings

By Sarah E. Kelly

In Pereira v. Sessions, decided on June 21, 2018, the Supreme Court declined to apply Chevron deference in holding that a Notice to Appear (NTA), which fails to specify the time and place of a noncitizen’s removal proceeding, does not trigger the stop-time rule under section 1229(a) of the Immigration and Nationality Act (INA) . . .

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Massachusetts Operating Agreements: What You Need To Know

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By Sarah Eskreis

You have chosen your ideal entity type, a Limited Liability Company (LLC), so what’s next? Once you have filed your Certificate of Organization, you must consider how you want your LLC to be structured and governed. This can be done in one of two ways. You can choose to default to the Massachusetts Limited Liability Company Act (Act) or you can create an operating agreement. An operating agreement is a document that helps members or managers customize the terms and functions of the LLC to suit their needs. The operating agreement is a contract that binds the LLC’s members and managers . . .

T-Mobile/Sprint Merger: Consumer’s Dream or Antitrust Nightmare?

By Jeffrey W. Kennedy

On June 18, 2019, the third and fourth largest nation-wide mobile carriers, T-Mobile and Sprint, respectively, submitted an application with the Federal Communications Commission (FCC) to begin the process of merging into “New T-Mobile.” See Current & Recent Transactions: T-Mobile and Sprint, WT Docket 18-197, Fed. Commc’ns Comm’n (last visited Jan. 21, 2019).  New T-Mobile must now navigate multiple hurdles in order to finalize this merger. First, Sprint and T-Mobile must obtain approval from the FCC to transfer their FCC licenses to New T-Mobile.  To do this, New T-Mobile must convince the FCC that “public interest, convenience, and necessity will be served” by the merger.  See 47 U.S.C. § 310(d) . . .

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When and Why a Business Should Implement a Sexual Harassment Policy

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By Elena J. Despotopulos

In the wake of the #MeToo and #TimesUp Movements, as well as the highly publicized charges against people such as Harvey Weinstein and Kevin Spacey, sexual harassment is very much in the public conversation. Business owners should take this shift in conversation to reflect on their business’s harassment policies and to consider if it is compliant with applicable laws. And if such a policy does not exist, businesses should consider implementing one . . .

Law Enforcement’s Use of DNA Ancestry Websites and Why Your Consent May Not Matter

By Sarah Eskreis

A staggering amount of people trace their ancestry through online genealogy service providers to learn more about themselves and their heritage. See, e.g., Ancestry Company Facts, Ancestry.com (last visited Jan. 19, 2019) (Ancestry.com alone boasts testing 10+ million people since May 2012, making their database the largest in the world). There appears to be an innate desire for people to understand their culture and embrace their heritage as an important part of forming their identity . . .

We’ve Got A Live One!: Incorporating an Ongoing SCOTUS Case into a Skills-Based Legal Analysis Course

By Prof. Sarah J. Schendel

Teaching a skills-based class presents its own set of challenges, namely, continuity of the semester without a cohesive topical “theme” (e.g., Contracts, Criminal Law), and the differing skill levels and needs of students. At Suffolk University Law School, students who are on academic probation are required to take Legal Analysis and Methods (LAM) during the Fall of their 2L year. The goal of the course is to reinforce and deepen skills critical to success both in law school and in practice; including exam prep, time management, statutory interpretation, and rule-based analysis. Because not all students in LAM are enrolled in the same courses I generally select readings, out-of-class assignments, and in-class exercises from a variety of topics . . .

Abandoning Our Allies: Refugee Policies Leave Iraqi Employees of U.S. Armed Forces at Risk

By Colleen Maney

Aymen lives with his wife, 4-year-old daughter, and newborn baby in Iraq. He has a growing family to care for, but lives like a prisoner in his own home. As an Iraqi citizen, he worked for the U.S. Army from 2007 to 2011. Aymen recalls that, at the time, he was worried about the safety of his family. “But I believed that the U.S. government would protect us,” he explains. “Sadly, I am yet to experience that.” . . .

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SCOTUS in Context: A Brief History of the ACCA Before the Court

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By Kristen Annunziato

The Armed Career Criminal Act (ACCA) of 1984 proscribes strict penalties for felons found in possession of a firearm. If the felon has a criminal record of at least three prior convictions for “violent felonies,” they are subjected to a mandatory minimum sentence of fifteen years imprisonment with a potential maximum of life behind bars for repeat offenders. 18 U.S.C.A. §924(e)(1)(West 2006); 18 U.S.C.A. §924(c)(1)(C)(ii)(West 2006). The statute, which was passed as part of the Reagan-era criminal law overhaul, has perplexed federal courts for decades. See Sykes v. United States, 564 U.S. 1 (2011); James v. United States, 550 U.S. 195 (2007); United States v. Mayer, 560 F.3d 948 (9th Cir. 2009); Johnson v. United States, 135 S.Ct. 2551 (2015). At the heart of the multifaceted debate surrounding the act’s interpretation lies one brief question: what exactly is a violent felony? . . .

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Twitter Fingers Turn To Eight Figures: SEC v. Elon Musk, Tesla

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By Elena J. Despotopulos

On September 27, 2018, the Securities and Exchange Commission (SEC) filed charges against Tesla Chairman and CEO Elon Musk for violating federal securities laws. See Complaint, SEC v. Musk, No. 1:18-cv-8865 (S.D.N.Y. Sept. 27, 2018). Two days later, after filing charges against Tesla itself, the SEC announced it had reached a settlement with both Musk and Tesla. Press Release, U.S. Sec. & Exch. Comm’n, Elon Musk Settles SEC Fraud Charges; Tesla Charged With and Resolves Securities Law Charge (Sept. 29, 2018). Pending judicial approval, the settlement will remove Musk as chairman for three years, force Tesla to appoint two new independent directors to Tesla’s board and cost both Musk, and Tesla $20 million in penalties. Id. . . .

NIFLA v. Becerra: Totally Detached From Reality

By R Spooner

Although Justice Sotomayor often joins the same opinions as Justice Ginsburg, they do depart on an important philosophy of judging. Justice Ginsburg has maintained that her gender makes no difference to judging. Justice Sotomayor, while still a Circuit Court judge, made a speech questioning the famous notion that a wise old woman and a wise old man would reach the same conclusion when deciding cases. She famously said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” See Charlie Savage, A Judge’s View of Judging Is on the Record, NY Times (May 15, 2009). Not surprisingly, this quote got a lot of play during Sotomayor’s confirmation hearings . . .

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission: Watch your mouth!

By R Spooner

The award for most unsatisfying decision of the Supreme Court’s 2017–18 term goes to Masterpiece Cakeshop. Masterpiece Cakeshop is a bakery owned by Jack Phillips, a man whose religion holds same-sex marriage to be a sin. When a gay couple went into the bakery to order a wedding cake, Phillips refused. He was willing to sell other types of baked goods to LGBTQ customers, just not wedding cakes. The bakery is located in Colorado, a state with a public accommodations law that protects against sexual orientation discrimination, the Colorado Anti-Discrimination Act (CADA) . . .

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FCC Chair Signals Possible End to Sinclair-Tribune Deal

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By Elena J. Despotopulos

On May 8, 2017, Tribune Media Company and Sinclair Broadcast Group announced the planned acquisition of Tribune by Sinclair, a deal that will cost Sinclair $3.9 billion, as well as the assumption of $2.7 billion in debt. See Gary Weitman, Sinclair Broadcast Group To Acquire Tribune Media Company For Approximately $3.9 Billion, Tribune Media (May 8, 2017, 1:00PM). If approved, Sinclair will acquire Tribune’s 42 television stations in 33 markets, bringing Sinclair’s total ownership, operation, or service provision to 233 television stations in 108 markets. Id. Sinclair will own and operate the largest number of stations of any station group. See Sinclair and Tribune, MB Docket 17-179, FCC.gov (last visited July 19, 2018) . . .

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Jeff Sessions Further Burdens Domestic Violence Asylum Seekers in Matter of A-B-

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By Stefanie Gonzalez

Attorney General Jeff Sessions expressly overruled a critical precedential decision regarding domestic violence asylum claims in his June 11, 2018 decision, Matter of A-B-. The loss of a favorable precedential decision will certainly present challenges, but the Matter of A-B- decision does not categorically deny all domestic or gang violence related asylum claims . . .

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The International Entrepreneur (IE) Rule: One Step Forward, Two Steps Back

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By Angelika Romero and Timothy Sheble-Hall

Last month, the Department of Homeland Security (DHS) announced it will be removing a controversial rule in business immigration law: the International Entrepreneur (IE) Rule. See DHS Proposes to Remove the International Entrepreneur Rule, U.S. Citizenship and Immigration Services (last updated May 25, 2018). The IE Rule was promulgated by the DHS under the Obama Administration to “encourage international entrepreneurs to create and develop start-up entities with high growth potential in the United States.” International Entrepreneur Rule, 82 Fed. Reg. 5238 (Jan. 17, 2017) . . .

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. . .