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Title IX and Sexual Assault on College Campuses: Back to School Edition

Whether you are heading off to your first year of college, or are returning for your fourth (or sixth, or ninth) year of higher education, you are likely aware that sexual assault prevention is a big issue on college and university campuses today. We represent students—both those who have experienced sexual assault or misconduct and…

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Supreme Judicial Court Holds That the Parental-Child Privilege Does not Preclude Parents from Testifying as Defense Witnesses in Criminal Cases Brought Against Their Minor Children

As part of the criminal justice reform bill in 2018, the Massachusetts legislature passed a statute creating a limited parent-child privilege so that minor children who may be in legal trouble can seek advice from their parents without having to worry that their parents could be witnesses against them in…

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SCOTUS Holds Police Cannot Search Homes and Seize Firearms Under the Community Caretaking Exception to the Fourth Amendment

A recent Supreme Court case has reaffirmed the rights of individuals against unreasonable government searches and seizures after the First Circuit attempted to expand an exception to the Fourth Amendment. Last year, in Caniglia v. Strom, the First Circuit Court of Appeals (which includes Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) identified a new…

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Public School Teachers and Social Media: the Protections and Limitations of the Right to Free Speech

The convergence of widespread social media use, and recent national social movements and events—including the current war in Israel and Palestine, the MeToo movement, the Black Lives Matter movement, and the COVID-19 pandemic—has led to a growing number of public school teachers and other government employees being disciplined for statements…

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Text is not Talking: Supreme Judicial Court Holds that Individuals have no Reasonable Expectation of Privacy in Sent Text Messages

Text messages have replaced the old-fashioned phone call: Since 2014, Americans under 50 reported preferring text messages to talking on the phone. American adults under 45 send and receive an average of 85 texts per day. Many people, then, treat texts like talking. But even though the government might need a warrant to intercept your phone…

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Massachusetts Should Join Other States in Banning Discrimination Based on Natural Hairstyles

This is Part 2 in a series. You can read Part 1 here.  I previously detailed how existing anti-discrimination law is insufficient to protect employees and students who wear their hair in natural or protective styles from discrimination. A national campaign called the CROWN Act, has built an impressive coalition of…

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Recent News Shines Spotlight on the Lack of Legal Protection Against Discrimination Based on Natural Hairstyles

This is Part 1 in a series. You can read Part 2 here. Last week Jon Oliver took a deep dive into Black hair, and the barriers people with natural and protective hairstyles face in the workplace, in schools, and elsewhere. His segment highlighted stories of a woman who was not hired because she wore her hair in locs, twins…

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Massachusetts Should Expand 151B, the State’s Anti-Discrimination Law for Employees, to Cover Independent Contractors

By Catherine Willett, Law Student Intern About 20% of workers in the United States are contractors: individuals hired to work on a specific project or for a specific period of time. This number is bound to grow as employment through the gig economy reaches into more sectors and the use…

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Freedom of Speech and Campus Discipline: What Rights do Students at Private Schools Have?

Freedom of speech on campus—the freedom to express opinions, including when they are unpopular—has long been a key principle of American academic institutions. Thomas Jefferson wrote to prospective members of the faculty of the University of Thomas Jefferson that the institution would be “based on the illimitable freedom of the…

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It is Time for Massachusetts to Provide Employment Protections to Victims of Abuse

By Sophie Nguyen, Law Student Intern Eight years ago, a teacher in San Diego was fired from her job for experiencing domestic violence. After her abusive ex-husband showed up at the school where she taught to confront her, the school decided that her mere presence posed too much of a…