Thursday, July 31, 2014

Becoming a lawyer in Massachusetts

The Massachusetts Board of Bar Examiners has scheduled the semi-annual Bar Examination to take place July 30th and 31st, 2014. Passing the bar exam is the last step to becoming a practicing attorney in Massachusetts.

"The BBE evaluates each bar applicant to determine whether they have the qualifications and acquirements required for admission, and whether they '…(e)mbody that degree of honesty, integrity, and discretion that the public and members of the bench and bar have the right to demand of a lawyer.' "

The education of lawyers has changed in interesting ways throughout American history, as reported in these excerpts from the book Legal Education,Law Practice and the Economy: A New England Study (1990):
Early American attorneys like Thomas Jefferson and John Marshall acquired their legal skills as apprentices to George Wythe, often called the “first law professor”. Generally a formal examination (“bar exam”) also was required for admission to the legal profession (the “bar”).

In 1779 William and Mary appointed Wythe to its faculty. Soon other schools followed, and undergraduate law departments were begun, at Harvard (in 1817) and Yale (in 1824)….
By the 1820s, however, separate law “schools” began to emerge. …Although these institutions depended somewhat on practical instruction and apprenticeship training, they also sought to elevate the law as an intellectual discipline (akin to medicine) over other professions or “trades”.
With Jacksonian democracy, however, an anti-intellectual movement began. Many states passed laws that abolished or sharply reduced the formal training required of lawyers and other professionals. Almost anyone could be licensed. Apprenticeship requirements were abolished in Massachusetts in 1836 and in New Hampshire in 1838.
The legal establishment reacted to this “tradesman’s approach” by gradually re-establishing and raising bar admissions requirements, and by allying themselves with university teaching faculties as a separate graduate discipline. By 1870, students at Harvard pursued legal studies as a three-year, postgraduate course instructed by a full-time, academic faculty. Soon thereafter, Harvard’s Christopher Columbus Langdell introduced the “case method” [sic., casebook method], whereby legal principles were extracted from case decisions, rather than presented in lengthy lectures.
By 1900, the norm among recognized law schools was a graduate course of study that, by the 1940s, required seven years of higher education. Although some states still allow for other routes into the profession (including the traditional apprenticeship), virtually the only one used begins with a law school degree (J.D. or L.L.B.). Thus American legal education has moved rapidly from local apprenticeship to substantial formal education.

You can read more about lawyers on the website of the Massachusetts Trial Court Law Libraries. Books in our libraries about legal education include The inception of modern professional education: C.C. Langdell, 1826-1906.

Wednesday, July 30, 2014

Our #1 "Go-To" Book on Landlord Tenant Law...

Legal Tactics is one of the most heavily used reference books on Massachusetts landlord and tenant issues.  The editor, Annette Duke, was at the Worcester Law Library for a meeting and mentioned that the chapters on Security Deposits (chapter 3), Evictions (chapter 13) and the Housing Code Checklist have recently been updated.

Visit the Mass Trial Court page on Landlord Tenant under Best Bet, we have a link to the book available full-text in Adobe from Mass Legal Help. Don't forget, you can borrow a copy from any one of the 17 Massachusetts Trial Court Law Libraries.

Happy Birthday, Medicare and Medicaid!

”July 30th marks the 49th anniversary of the establishment of the Social Security Act Amendments. In 1965, on this date, President Lyndon B. Johnson signed into law what is better known as the Medicare law. This established both Medicare, the health insurance program for Americans over 65, and Medicaid, the health insurance program for low income Americans. You can read this Public Law in the United States Statutes at Large on GPO’s Federal Digital System (FDsys).”

From a blogpost on GovernmentBookTalk, U.S. Government Printing Office’s (GPO) blog. The author of this blogpost is Kelly Seifert, Lead Planning Specialist for GPO’s Library Services; Content Management Division that supports the Federal Depository Library Program. Ms. Seifert goes on to give more background information about the circumstances surrounding the passage of the law in 1965, and more particularly, the Medicare resources and services that both the U.S. Department of Health and Human Services (HHS) and the GPO make available to people today.

An authenticated copy of the Public Law is available in a link from Fdsys, GPO’s Federal Digital System, in a format certified by Superintendent of Documents, U.S.GPO.

“Massachusetts Law About Medicare” provides more links to information about the federal program, tailored for Massachusetts citizens.

“Massachusetts Law About Medicaid (MassHealth)” provides links to information about MassHealth, Massachusetts’ public health insurance program for low- to medium-income residents. Medicaid and the Children's Health Insurance Program (CHIP) are combined in one program in Massachusetts called MassHealth.



President Lyndon Johnson signs the Medicare Bill. President Harry S. Truman is seated next to him. Others looking on include Lady Bird Johnson, Vice President Hubert Humphrey, and Bess Truman. July 30, 1965. Photo courtesy of Lyndon B. Johnson Presidential Library, U.S. National Archives.

Tuesday, July 29, 2014

Sales of Alcohol on Sunday Mornings

On July 23, 2014, Governor Deval Patrick signed into law House Bill 228, "An Act Permitting Sales of Alcohol on Sunday Mornings."  Chapter 182 of the Acts of 2014, amends Chapter 136, Section 6, Paragraph 52 by striking out the words "12:00 noon" and inserting the following words: "10:00 a.m."

The bill allows Massachusetts liquor store owners to sell alcohol to patrons before noon on Sundays.  However, it won't take effect for another three months.

Steve Annear, staff digital writer at Boston Magazine, posted on their Boston Daily blog on July 25, 2014, an overview of the law in an article entitled, "Massachusetts Liquor Stores Can Soon Sell Alcohol Before Noon on Sundays: Homemade Bloody Marys and Mimosas Have Never Sounded So Enticing".

For additional information, see the Massachusetts Alcoholic Beverages Control Commission (ABCC) website.

Monday, July 28, 2014

Police K9 Siren

It might be considered widely known that provisions under the law for the protection and safety of our beloved pets and domesticated animals have been in place for some time.

Violation of MGL Ch. 272 §77 'Cruelty to Animals' is punishable both by imprisonment and/or a fine of not more than $2,500.

Perhaps a little less known is that an additional layer of legal protection is afforded police horses and K9 officers. Violation of MCL Ch. 272 §77A 'Willfully Injuring Police Dogs and Horses' is also punishable by a fine and/or imprisonment.

In addition to risking their lives while protecting our cities and towns, these animals often become targets for retaliation as noted by WCVB's Reward Offered in Poisoned K9's Death.

Siren, a 5 year old Westport Police K9, had to be put down after ingesting rat poison which his handler believes was planted in his yard for retaliation for his own years as a police officer. The Westport Police Department is seeking help from anyone who has information that might lead to a suspect. Siren's partner is offering a $1,000 reward for information that helps track down the person behind the alleged poisoning.

Sunday, July 27, 2014

Masschusetts Enacts Strict Compounding Pharmacy Oversight

Gov. Patrick recently signed Ch. 159 of the Acts of 2014, "An Act Relevant to Pharmacy Practice in the Commonwealth".  It was passed unanimously by both Houses to regulate compounding pharmacies in Massachusetts, after a 2012 meningitis outbreak that killed 64 and sickened hundreds across the U.S., was traced to a compounding pharmacy in Massachusetts.  The now closed Framingham pharmacy was found to be actually operating as a drug manufacturer, rather than a pharmacy filling individual prescriptions.   These large scale operations will now have to register with the federal Food and Drug Administration and follow regulations for drug manufacturers.

The legislation is extensive and charges the Board of Registration in Pharmacy with creating new regulations to implement changes regarding licenses, education, labeling and inspections.  It requires these pharmacies to have staffed consumer hotlines during working hours.  Compounding pharmacies must also eventually report certain information on the Department of Public Health website for viewing by consumers.  The law also cites mandatory compliance with  U.S. Pharmacopeia and National Formulary standards.

Saturday, July 26, 2014

New Amendments to Deleading and Lead-safe Renovation Regulations

 454 CMR 22.00 applies to the activities of employers, employees and others engaged in deleading of residences containing dangerous levels of lead, except for the activities of: owners of residential premises and owners' agents who perform deleading work in accordance with regulations promulgated by the Director of the Childhood Lead Poisoning Prevention Program pursuant to M.G.L. c. 111 s. 197(d); and contractors who, pursuant to 105 CMR 460.175(A) or the activities in accordance with 105 CMR 460.15(A) or the activities set forth at 105 CMR 460.100(D) in or on short-term vacation or recreational rentals.   Lead Safe Renovation 454 CMR 22.00 also applies to all renovation work conducted for compensation in Target Housing and Child-Occupied Facilities.

More information can be found at Massachusetts Law About Lead Poisoning and Control 

Thursday, July 24, 2014

Summertime and the Fishing is Easy

Whether you are a catch and release angler or enjoy dining on the fruits of your labor, you might want to check out the 2014 Massachusetts Fish and Wildlife Guide to Hunting, Freshwater Fishing and Trapping as well as the 2014 Massachusetts Saltwater Recreational Fishing Guide.  In addition to giving helpful fishing tips, both guides provide a summary of the regulations on size and catch limits.  Don't forget to get your fishing license before you head out.  A license is required for both fresh and salt water fishing.  You get your license online or find a list of locations at http://www.mass.gov/eea/agencies/dfg/licensing/where-to-buy-a-license.html.  For additional information, see out Law About Recreational Hunting and Fishing.

Sunday, July 20, 2014

Criminal model jury instructions update

On May 30, 2014 the District Court release six new jury instructions and revised eight others. The new instructions are: (1) Failure to have ignition interlock device; (2) Disabling an ignition interlock device; (3) Willful interference with a fire fighting operation; (4) Cruelty to animals; (5) Furnishing alcohol to a minor; (6) Improper storage of a firearm. One can see all the instructions online here, or one can borrow the MCLE book, Criminal model jury Instructions in the District Court from any Trial Court Law Library.

Saturday, July 19, 2014

Summer Food Service Program Provides Free Food for Low Income Children

Thanks to the Federally Funded Food Service Program, over 900 Massachusetts organizations around the state have joined the cause to distribute free food to eligible children ages 18 and under. There are camps, libraries, housing complexes, etc. that provide up to two nutritious meals a day. To find distribution locations and times click on the following link: http://meals4kids.org/downloadable-site-lists
   
For more information, take a look at the Massachusetts Department of Education page: http://www.doe.mass.edu/cnp/nprograms/sfsp/


  

Friday, July 18, 2014

School Discipline Law Has Changed Over the Summer

Our brand new Massachusetts Law About Student Discipline webpage brings together information about the laws and regulations that all public, charter and virtual schools must implement after July 1, 2014.  These changes result from the passage of Ch. 222 of the Acts of 2012, "An Act Relevant to student access to Educational Services and Exclusion from School."

Massachusetts Continuing Legal Education is offering a seminar to familiarize interested parties about the changes as the new school year approaches.  The announcement for this seminar summarizes the main features of the new discipline environment.

Thursday, July 17, 2014

Probate Court Issues Revised Procedures and Forms for Health Care Proxy Disputes

The Probate and Family Court has released new procedures and forms for health care proxy disputes.  Under Massachusetts General Laws chapter 201D, section 17, an action can be filed to remove a health care agent, to determine the validity of a health care proxy, or to override a health care agent's decision about health care treatment.  A document entitled "Procedure for Actions Filed under G.L. c. 201D" (MPC 956) explains what forms are necessary, where to file, filing fees, whether counsel is appointed, notice requirements, and what happens at the hearing.

Monday, July 14, 2014

2014 Statewide Ballot Questions

The following ballot questions will appear on the November 4, 2014 state election ballot.  A summary of each has been provided by Secretary of the Commonwealth William F. Galvin.

Question 1:  Eliminating Gas Tax Indexing

Question 2:  Expanding the Beverage Container Deposit Law

Question 3:  Expanding Prohibitions on Gaming

Question 4:  Earned Sick Time for Employees

A guide to ballot petitions and voting statistics on ballot measures since 1919 can be found on the Secretary's website here



Sunday, July 13, 2014

Filling out the Superior Court Civil Action Cover Sheet

A Civil Action Cover Sheet must be filed in each civil case entered into Superior Court. Its purpose is to assist the Clerk’s office by providing basic contact information for the parties, as well as:

(1) the category of case (e.g., contract/business cases, equitable remedies, torts, real property, administrative civil actions, as listed and further broken down on the 2nd page of the form), and

(2) the Time Standards Track (e.g., A, F, X) to which the case should be assigned, which is initially determined by the case category selected by the plaintiff. The plaintiff must also declare whether a jury trial has been claimed. There is a sample designation of code, type of action, track and jury claim disclosure on the 2nd page of the form.

(3) The plaintiff must provide a statement of damages pursuant to General Laws Chapter 212, section 3A to establish plaintiff’s right to be heard in Superior Court in a civil case for money damages, and

(4) list related cases pending in Superior Court.

(5) If an attorney represents the plaintiff, the attorney must certify that s/he has complied with requirements to discuss court-connected dispute resolution with the plaintiff, pursuant to Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution contained in Supreme Judicial Court Rule 1:18.

Regarding Superior Court’s jurisdiction over civil cases for money damages, Massachusetts General Laws Chapter 212, section 3 states:
The actions may proceed in the court only if there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or an amount ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control.
The front of the form must be filled out by the plaintiff or plaintiff's attorney; the back of the form contains information to help the plaintiff fill out the front of the form. Civil Action Cover Sheets are also available in the Superior Court’s Civil Clerk’s Office. In almost all cases, they must be filed with the Complaint:
The Clerk-Magistrate, however, is authorized to accept for filing a Complaint without a Civil Action Cover Sheet submitted therewith if the Clerk-Magistrate is satisfied by representation of the offering counsel or pro se party, by averments, in the Complaint, or otherwise, that the Statute of Limitations will run before the filing of the Civil Action Cover Sheet can be accomplished. In such event, the Civil Action Cover Sheet shall be filed within ten (10) days thereafter.
Superior Court Standing Order 1-83, paragraph 3.

Good Reading!

Wednesday, July 09, 2014

Sharing the Road

Ahhh, summer! The warm weather is finally here offering us the opportunity to get out of the house and enjoy bike rides, road trips and travel to our favorite beaches. To ensure a safe journey, you may want to take a moment to review some safety tips for smooth sailing.

With so many cities and towns offering bike-share programs, sharing the road can often lead to frustration among both motorists and cyclists. Who has the right of way? Why don’t they ride their bike on the sidewalk?

Fortunately, the Trial Court Law Libraries’ have compiled a list of laws and regulations for bicycles, automobiles and traffic regulations/violations for easy review.

The Massachusetts Bicycle Coalition is another great resource. Their website provides information on bicycle laws, maps and locations of local bike paths, trails and so much more.

Cyclists have it easier than motorists in terms of penalties for breaking the rules of the road, but bikers can be ticketed for equipment and moving violations. For instance, the Town of Amherst has adopted a bylaw that a bicyclist may be fined $50 for obstructing pedestrian traffic upon a walkway.

Motorists should take note as well; effective May 20th, Cambridge adopted a new parking violation carrying a fine of $35 for any vehicle obstructing a bicycle lane.

To learn if your area has any fines associated with cycling or sharing the road, please visit our page here.

NH Small Claims filing goes paperless!

Will Massachusetts be next……?

Filing a small-claims case in New Hampshire courts will take only a few mouse clicks from your nearest computer by year’s end.

Under the New Hampshire Judicial Branch’s new electronic court system, or e-Court, small-claims cases can be filed online from almost any computer, anytime, anywhere.

The state is also introducing new computer kiosks and internet access for public use for the very first time at select court locations throughout the state.

Tuesday, July 08, 2014

Stretch Energy Code Increases Energy Efficiency

Massachusetts municipalities looking for a more rigorous energy efficiency standard than the Commonwealth requires have an alternative.  Appendix 115.AA of the Massachusetts Building Code, known as the Stretch Energy Code is an option for towns and cities interested in more energy efficient building standards than the state base energy code.

The Stretch Code amends the MA Base Energy Code (IECC 2009), to achieve approximately a 20% improvement in building energy performance.  Many of the improvements will be implemented at the time of construction.  While they are expected to raise the cost of construction, reduced energy costs should quickly offset those expenses.  So far 143 municipalities have adopted the code.

A summary of the Stretch Energy Code can be found here.

Monday, July 07, 2014

Proposed Amendment to Rule 14 of the Mass. Rules of Criminal Procedure

The Supreme Judicial Court's Standing Advisory Committee on the Rules of Criminal Procedure invites comments on a proposed amendment to Rule 14 to add Rule 14(b)(2)(C) to provide for and govern discovery of records of a criminal defendant who is ordered by a judge to submit to a forensic examination pursuant to Rule 14(b)(2)(B).

If proposed Rule 14(b)(2)(C) is adopted, current Rule 14(b)(2)(C) would be renumbered and become Rule 14(b)(2)(D). Follow these links to the Committee's Explanation, the Proposed Rule, and Proposed Reporter's Notes.

Comments should be directed to Barbara Berenson, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston 02108 or to barbara.berenson@sjc.state.ma.us on or before September 15, 2014. The comments received will be made available to the public.

Sunday, July 06, 2014

Will Your Pets Be Left Behind in the Storm?


Hurricane Arthur is making it's way up the east coast. If disaster strikes or evacuations occur, what happens to the furry members of the family? Massachusetts has passed a new law that protects pets in case of weather disasters. Not only are cities and towns required to prepare an emergency plan of operation for evacuation and shelter plans for people, but also with the new law, for pets and service animals too!

Friday, July 04, 2014

Independence Day

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.



Thursday, July 03, 2014

Prompt Evidentiary Hearings Ordered for G.L.c. 209A Cases

A plaintiff who requested an abuse prevention order was entitled to a prompt evidentiary hearing under G.L.c. 209A despite the fact that the defendant was facing possible consequences in his criminal proceedings if he were to testify in the Chapter 209A proceeding.

"Barring an agreement of the parties or emergency circumstances, both sides are entitled to an evidentiary hearing within ten days," Chief Justice Roderick L. Ireland wrote for a unanimous court.

"Notwithstanding that [defendant Scott] Capuano faced a potentially difficult choice between testifying in the c. 209A case or asserting his privilege against self-incrimination, [plaintiff Aneeta] Singh was nevertheless entitled to a prompt evidentiary hearing on her claim under c. 209A," Ireland added. "While the decision whether to draw an adverse inference based on Capuano's failure to testify was ultimately one for the judge as fact finder, the judge was obliged to consider whether such an inference was fair and reasonable based on all the circumstances and evidence before him."

The case is Singh vs. Capuano (and a consolidated case), 468 Mass. 328, decided June 11, 2014.

See also our webpages: Massachusetts Law About Domestic Violence and Massachusetts Law about Defending Against a c.209A Order.

Wednesday, July 02, 2014

Library of Congress’ website for federal legislative information transitions from THOMAS.gov to Congress.gov

In the spirit of Thomas Jefferson, legislative information has been made available to the public online by the Library of Congress, originally through its website THOMAS, and now through its new site, still in beta form, Congress.gov .

THOMAS was launched in 1995 at the behest of the 104th Congress. It was a joint project between the Library of Congress and the Center for Intelligent Information Retrieval (CIIR) at the University of Massachusetts, giving us a special local connection.

Since 1995, the scope of the material that THOMAS provided access to continually expanded. According to the Library of Congress, however, THOMAS “has been updated over the years, but its foundation can no longer support the capabilities that today’s internet users have come to expect, including access on mobile devices. Using best practices for retrieving and displaying information, the refined user friendly Congress.gov system makes finding and using legislative information more intuitive, comprehensive and accessible than the existing system.” Beginning Nov.19, 2013, users of THOMAS have been redirected to Congress.gov. The plan is to retire THOMAS in late 2014.

Tuesday, July 01, 2014

Did you read the Supreme Court's decision, ABC v. Aereo? Will this impact the future of cloud computing?

Were you following the copyright case involving Aereo? What did the Supreme Court judges say and how will their decision impact the future of cloud computing?

In a 6 to 3 decision issued on June 25th, 2014, the Supreme Court ruled that Aereo had violated copyright laws by capturing broadcast signals on miniature antennas and transmitting them to subscribers over the Internet for a fee. Subscribers that logged on to watch or record a program were assigned a different antenna, and according to a June 30th Wall St. Journal, this meant no two customers were watching the same copy of a program.

Do you have a Law Library card? If you do, you can read the following articles via the Hein Online database:
  • Aereo and Cablevision: How Courts are Struggling to Harmonize the Public Performance Right with Online Retransmission of Broadcast Television by Sam Mendez at 9 Washington Journal of Law, Technology & Arts, Issue 3, Winter 2014
  • Aereo and Copyright’s Private – Public Performance Line by Glynn S. Lunney, Jr. at 162 University of Pennsylvania Review Online 205 (2013-2014)
  • “A Million Little Antennas: The Second Circuit’s Decision in WNET, Thirteen v. Aereo, Inc. and the Next Great United States Supreme Court Copyright Battle” at 16 Tulane Journal of Technology and Intellectual Property 287 (2013) by Sebastian Wyatt Novak
You can also access the following Nolo ebooks with your Law Library card:
  • Copyright Handbook
  • Patent, Copyright &Trademark
Don’t have a Law Library card yet? Here are some articles that might peak your interest:
Thinking about getting a Law Library card? Click on this link for our locations and hours of operation.