Public Policy

Clemency Hearing Raises the Question of Whether Massachusetts’ Courts Are Ready to Extend the Prohibition on LWOP Sentences Beyond Eighteen

By Stevie Leahy

In 1997, William Allen was convicted of armed robbery and felony murder and is currently serving a sentence of life without parole (“LWOP”). At the time of these crimes, Mr. Allen was twenty years old. For individuals like Mr. Allen, the executive clemency process is currently the only avenue to correct the missteps of the legal system, specifically as to sentencing under since-changed laws. The urgent need for clemency in his case raises the broader question of whether LWOP sentences for late adolescents are even constitutional under the Massachusetts Declaration of Rights. Increased use of clemency as well as judicial action to extend the age limit are two measures that would also work toward mitigating disproportionate rates of incarceration for Black and Brown individuals within the state . . .

Connecticut’s Budding Business

By Alexander McGrath

On June 22, 2021, with one momentous signature, Governor Lemont welcomed Connecticut into the age of cannabis legalization. With the passage of Senate Bill 1201, Connecticut became the 19th state to legalize the recreational use of cannabis after years of failed attempts to gain bipartisan support. This was the third time Connecticut pushed for a cannabis bill, as the latest proposal was vetoed by the Governor for not containing sufficient social equity measures. Governor Lemont was adamant that this Bill include provisions mandating special access to the communities most severely impacted by the war on drugs . . .

No More Hyde and Seek: Biden’s Removal of the Hyde Amendment from the Proposed Budget is a Win for Abortion Access

By Mackenzie Darling

President Biden’s proposed budget does not include provisions barring federal funding for abortion procedures. The lack of this policy is a significant win for protecting abortion rights, because banning federal funding for abortion care has been commonplace since shortly after Roe v. Wade. Best known as the Hyde Amendment, the ban on the use of federal funding for elective abortion procedures has been in place since the late 1970’s and has drastically limited a pregnant person’s ability to access abortion care . . .

Why “Fixing” Section 230 Will Not Save Anyone

By Leila Selchaif

A cabal of Satanic Democratic leaders are operating a child sex trafficking ring. Most people recognize this as the basic plot of the Q-Anon conspiracy theory. Sports fans coming out for Super Bowl Sunday encourage increased sex trafficking. Fewer people recognize this to be just as much of a myth. Public panic about human trafficking creates higher police budgets for raids, which end up traumatizing, incarcerating, and harming sex workers. Not all sex workers are victims of sex trafficking. Many sex workers do not want to be treated as victims. Indeed, when the criminal justice system treats sex workers as victims, it often further harms them. Public messaging around the dangers of trafficking has also led to the introduction and passage of bills aiming to curtail the sinister power of the internet to facilitate sex trafficking. A method favored by these bills is to amend Section 230 of the Communications Decency Act (CDA), which provides immunity to internet platforms from the speech and actions of users who post on their platforms. Just as much as on the streets, policing of the internet has caused great harm to those it claims to protect . . .

Trademark Law Can’t Save Rudy

By Leeja Miller

Former President Trump’s personal attorney Rudy Giuliani has had a rough couple of months. First, he was caught allegedly undoing his pants in the new Borat movie. Then he publicly sweat through his hair dye. Then he audibly farted during a Michigan election hearing. And finally, on December 6, it was announced that Rudy tested positive for Covid-19, not shocking for a man who was crisscrossing the country, mask-free, while attempting to justify his election fraud claims. One of Giuliani’s (somehow) more laughable snafus over the past few months offers a teachable moment in trademark law. On Saturday, November 7, the day the election was called for Biden, Rudy Giuliani held a press conference to refute the results of the election . . .