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?…

The Future of the NLRB under President Trump

By: Ryan McGovern Quinn

In late June, President Trump nominated Marvin Kaplan and William Emanuel to fill vacant seats on the National Labor Relations Board (“NLRB,” or “the Board”). Kaplan is Counsel to the Occupational Safety and Health Review Commission and former Workforce Policy Counsel to the House Education and Workforce Committee, while Emanuel is a shareholder at management-side labor and employment law firm Littler Mendelson, P.C. and a member of the Federalist Society. Kaplan was confirmed by the Senate on August 2, 2017 in a party-line vote, and Emanuel was confirmed on September 25, 2017….

Is "The Wild West of Financing" Coming to an End? Cryptocurrency and ICO Risk and Regulation

By: Bianca F. Sena

The startup world may only have a few more moments in the sun when it comes to taking advantage of the unregulated terrain of Initial Coin Offerings (“ICO”). While this type of crowdfunding continues to gain popularity with startups, software developers, and venture capitalists, the evil twin of massive sales – massive losses – may finally bring ICO transactions into the regulatory purview of the Internal Revenue Service (“IRS”), Securities and Exchange Commission (“SEC”), and the Financial Crimes Enforcement Network (“FinCEN”). The SEC may start classifying digital assets, such as Bitcoin, as “financial securities” subject to agency regulation because of their increasing use in Ponzi schemes and fraudulent lending practices. There is also evidence that FinCEN has begun regulating digital assets under various sections of the Bank Secrecy Act (“BSA”). This article explores the increasing awareness of issues surrounding digital assets and reviews developments within each of these agencies that indicate ICOs are likely to soon be regulated….

Elvis and Prince: Personality Rights Guidance for Dead Celebrities and the Lawyers and Legislatures Who Protect Them

By Peter Colin, Jr.

If you represent an entertainer or other public figure with a marketable likeness or their family/heirs, you should start including posthumous personality rights in your estate planning.

Most recently, this issue arose has after the 2016 passing of Prince in Minnesota. Soon after his death, Prince merchandise that appeared to be unlicensed was readily available for purchase. The Minnesota State Legislature reacted with the PRINCE Act, though the Legislature retracted the bill after it received criticism for entrenching on the First Amendment and exerting overbroad control of publicity rights that would really benefit professional sports entities looking for more control over publicity rights of athletes.

Enforcing Economic, Social, and Cultural Rights: A Stark Dichotomy

By Scheagbe Mayumi Grigsby

On April 20, 2010, the Deepwater Horizon oil rig in the Gulf of Mexico burst into flames, dumping millions of barrels of oil into the Gulf. The incident killed eleven people and caused irreparable harm to the environment and local economy. Eventually, hundreds of plaintiffs filed suit against British Petroleum (BP) and others. A subsequent class action lawsuit resulted in a settlement of medical claims arising out of the spill and the ensuing clean-up effort amounted to approximately $7.8 billion. As of May 6, 2015, BP had paid approximately $5 billion to more than 62,000 businesses and individuals. On July 2, 2015, the U.S. Department of Justice announced that BP had agreed to pay the “largest environmental fine in U.S. history for the Gulf oil spill.” Pending judicial approval, BP has agreed to pay $18.7 billion to Louisiana, Mississippi, Texas, and Florida over 18 years.

Contracting for Value: Performance-Based Payments in Contracts Between Health Insurers and Drug Manufacturers

By Jonathan Herrick

Health care in the United States is a complex and expensive industry, and consumers who contribute financially to the industry presumably hope to derive some value or benefit from their participation. However, many consumers may not perceive a proportionate relationship between financial contribution and the value or benefit they receive. For example, “[m]ost Americans do not believe that price and quality of health care are associated” with each other. It is no wonder that Americans today have doubts about whether the amount they spend on health care is associated with the quality of care they receive; despite spending a larger portion per capita on health care services than many other industrialized nations, the United States lags behind in important measures, such as life expectancy. Although the relationship between health care services and life expectancy is complex, it is clear that the United States is spending more per person on health care than many other countries, but consumers are not benefitting proportionately with regard to certain measured health outcomes.

Voisine v. United States, the Orlando Shooting, and the Suspension of Constitutional Rights

By Marvin Lim

In the wake of the 2016 Orlando nightclub mass shooting, Voisine v. United States, a case the U.S. Supreme Court decided only two weeks later has even more significance now than ever. Voisine v. United States raises an important, timely question: When can constitutional rights, and in particular the Second Amendment right to bear arms, be suspended? The case – which involved a defendant who, like the Orlando perpetrator, had a history of domestic violence – further emphasizes why our society must be more principled and consistent in making this kind of determination.