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.” . . .
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? . . .
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. . . .
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 . . .
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) . . .
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) . . .
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 . . .
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) . . .
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 . . .
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. . .
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 . . .
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) . . .
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? . . .
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 . . .