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The Danger of “Unbridled” Police Discretion: Appeals Court Deems Search Unlawful where Gang Unit’s Investigatory Traffic Stop Led to Suspicionless Search

In Commonwealth v. Lek, Lang Lek was convicted of gun possession after two Lowell Police officers pulled him over for a minor traffic violation so that they could “investigate” and “suppress gang activity.” After searching the vehicle, which belonged to Mr. Lek’s girlfriend, the officers found a gun in the…

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Freedom of Speech and Campus Discipline: The First Circuit Highlights Limits on What Speech Public Schools Can Punish

We are going through an era of extraordinary political division. On college campuses as in broader society, both students and faculty are voicing widely differing views and beliefs. Colleges also have increasingly robust disciplinary rules applying to conduct including harassment, bullying, and discrimination that may be applied to conduct that…

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Divided Appeals Court Panel Highlights Gap in Personnel Record Law

In Massachusetts, as in many other states, the Legislature has adopted a personnel record law that specifies documents and information that every employer must maintain in an employee’s personnel record, such as documents relating to an employee’s qualifications and possible promotions, transfer, or discipline. For instance, many employers must include…

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In DeWeese-Boyd v. Gordon College SJC Grapples with Whether Religious Schools can Discriminate Against their Employees

Two weeks ago, the Massachusetts Supreme Judicial Court (SJC) heard oral argument in Deweese-Boyd v. Gordon College, a case which tests the limits of the “ministerial exception” and the legal protection it provides for religious employers. The “ministerial exception” is a religious protection based in the First Amendment to the…

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ZDB is Hiring!

ZALKIND DUNCAN & BERNSTEIN LLP, a premier Boston criminal defense and civil litigation boutique, seeks an associate to start in fall 2021 or sooner. This progressive 13-lawyer law firm has a dynamic federal and state court practice, at both the trial and appellate levels. Our criminal defense practice includes crimes of violence, fraud and drug…

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Massachusetts Legislature Passes Campus Sexual Violence Bill

In a late-night session on the last night of the 191st General Court (our legislative session), the Massachusetts Legislature passed S. 2979, “An Act Relative to Sexual Violence on College Campuses.” This bill was the latest version of a bill that has been introduced, and had previously failed to pass,…

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SJC Strikes Down State Anti-Panhandling Law as Unconstitutional

In a landmark decision published last week, Massachusetts Coalition for the Homeless v. Fall River, the Massachusetts Supreme Judicial Court (SJC) struck down G.L.c. 85, § 17A (often referred to as the anti-panhandling law) as an unconstitutional restriction on protected speech. This decision was hailed as a victory by community…

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ZDB is Hiring!

Boston Criminal Defense & Civil Litigation Firm Paralegal/Legal Assistant Position We are a fourteen-lawyer firm located in the North End/Waterfront of Boston, with an interesting, varied, fast-paced practice in criminal defense and civil litigation (including employment, students’ rights, and other academic cases). We seek a motivated Paralegal/Legal Assistant with a strong…

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What Are Your Job Protections as a Parent or Caregiver During COVID-19?

By Lilly Gill, Law Student Intern The COVID-19 pandemic has drastically changed the relationships between employment, education, and family life as parents are juggling having their children home in remote education or otherwise having limited childcare, and other caregivers have needed to take care of elderly parents or disabled or…

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Appeals Court Protects the Rights of Individuals in Interrogations Against Coercive Police Conduct

Recently, in Commonwealth v. Davis, the Massachusetts Appeals Court determined that Massachusetts State Police officers coerced an individual to waive his Miranda rights when they arrested him after he attempted to exercise his constitutional right to counsel during an interrogation. Facts Mr. Davis, who was cooperating with the Commonwealth in…