A group of Massachusetts lawmakers has introduced a bill this year that would require automatic sealing of many criminal records after specified waiting periods have passed from the end of the defendant’s sentence. The waiting periods have been part of the Commonwealth’s sealing laws for many years and, as we…
By Anton Kernohan, legal intern Throughout history, the LGBTQ+ community has persisted despite repeated laws and attempts to restrict the community’s rights. Since assuming office, President Trump has undertaken the most recent iteration of actions that once again threaten the lives of LGBTQ+ persons, especially transgender, non-binary, and intersex individuals. Article…
Youth sports are a huge part of the American education system, something many parents, schools, and communities place a high value on maintaining. Studies demonstrate the many mental, social, emotional, and physical benefits children derive from participating in organized athletics. In fact, during Trump’s previous presidency the President’s Council on…
In 2018, Richard Dilworth was charged with a variety of firearms offenses after an officer from Boston Police Department’s gang unit sent him a friend request on Snapchat under a false identity and viewed Dilworth’s videos showing what appeared to be guns. In 2022, a judge dismissed the case after…
As part of a bill broadly aiming to protect victims of abuse, including revenge porn and deepfakes, the Massachusetts legislature recently enacted an amendment to the restraining order statute that may have substantial unintended consequences. Although the well-intentioned provision allows a person suffering from “coercive control” to seek an abuse…
Yesterday, the First Circuit issued its decision in L.M. v. Middleborough et al., a case we discussed previously on this blog. The case concerned whether a public middle school could prohibit a student from wearing a t-shirt that said “There are only two genders.” The district court had held that…
A recent decision against Harvard University in favor of a student accused of sexual assault demonstrates a viable path to challenging student discipline decisions. As we have discussed previously, courts are wary of interfering with academic decisions of universities, but have been willing to hold schools accountable for failing to…
We have repeatedly discussed on this blog how schools handle sexual misconduct allegations through internal grievance procedures. However, students involved in these processes must remember that the conduct that gives rise to Title IX allegations may also give rise to civil and criminal legal proceedings. Students involved in school misconduct…
This month, the Supreme Judicial Court heard argument in Sutton v. Jordan’s Furniture. This case addresses questions about how commission-based pay plans can be structured to comply with the Wage Act, Overtime, and now-repealed Sunday Pay laws. The Statutes and Past Interpretation Massachusetts’ overtime statute requires employers to pay employees…
This month, the Supreme Judicial Court heard oral argument in Graham v. District Attorney for Hampden County, a case raising the questions of whether the Commonwealth has a duty to investigate the Springfield Police Department (SPD),what that duty entails, and what evidentiary disclosures state prosecutors must make about any exculpatory…