Massachusetts is one step closer to a strengthened equal pay law after the State Senate passed equal pay legislation in late January. The bill, which now goes to the House of Representatives for review, seeks to address the continuing wage gap between men and women. Although Massachusetts adopted its first-in-the-nation…
Boston Lawyer Blog
Pop Quiz: Do you know what constitutes plagiarism at your college?
As far as we know, every college and university in the country has a student handbook or honor code that provides rules for how students must perform their work and the standards they are expected to meet. And as far as we know, at every college and university students are…
After 25 Years, Massachusetts Finally Ends the Incarceration of Addicted Women
Last week, the Massachusetts House of Representatives passed H. 3944 (now H. 3947), An Act Relative to Substance Abuse, Treatment, Education and Prevention. The bill will, if passed, aim to curb the increasing numbers of opioid addictions and overdoses in Massachusetts. The House and the Senate, which passed a different…
An Update on the Law Concerning Campus Sexual Assault
Over a year ago, I published a blog post describing the unfair processes used by many schools to deal with complaints of sexual assault and harassment, and compared it to the criminal justice system. As I wrote then, the Department of Education (DOE) Office of Civil Rights (OCR) has placed…
Will the NLRB Decision Allowing Secret Recording in the Workplace Affect Massachusetts Workers?
This is the second in our series of posts about the NLRB’s recent decision regarding employees recording in the workplace. For Part 1 of this series, click here. As we previously discussed, the NLRB just decided that employers cannot make a blanket ban on employees making recordings or taking photographs…
What Does the NLRB Decision in the Whole Foods Case Mean for Recording in the Workplace?
Whole Foods, a major grocery store chain, has a company-wide policy that prohibits its employees from making any recording—audio or video—and from taking any photographs in any area of a Whole Foods store. But a recent decision by the National Labor Relations Board (NLRB) might require Whole Foods to make…
Cosby Prosecution for Sexual Assault Shows Shift in Attitudes
Nearly 12 years after Bill Cosby allegedly drugged and sexually assaulted Andrea Constand, his arrest in Pennsylvania on a charge of aggravated indecent assault subjects him to the possibility of criminal penalties for the first time. One reason that the prosecution is happening now is simple—this is prosecutors’ last opportunity…
The “Cannibal Cop” Case: A Study in the Sweep of the Computer Fraud and Abuse Act
On December 3, 2015, a divided panel of the Second Circuit Court of Appeals cleared Gilberto Valle, sensationally dubbed the “Cannibal Cop” by some in the media, of the two charges against him, conspiracy to commit kidnapping and a violation of the Computer Fraud and Abuse Act (CFAA). Although the…
Chism Murder Trial Raises Unsettling Questions Regarding Competency to Stand Trial
The ongoing trial of Philip Chism, which resumed yesterday following the Thanksgiving holiday, presents an unusual and disturbing set of issues in view of the terrible nature of the defendant’s actions, his extreme youth, and his apparently very serious mental illness. First, the events at issue are undeniably horrifying; Chism…
Warrants May Not Be Enough to Make Stingrays Lawful Under the Fourth Amendment
As I discussed in my last post, the U.S. Department of Justice recently published a new policy that generally requires federal law enforcement agencies to obtain a search warrant before using a cell-site simulator device, otherwise known as a stingray. But the policy itself does not create grounds for someone…