Attorney General's Div. of Open Government

State-wide enforcement of the Open Meeting Law, for public bodies at all levels of government, is centralized in the Attorney General's Office and the Attorney General created the Division of Open Government to help public bodies understand and comply with the law.

The Division provides training and guidance, responds to inquiries, investigates complaints, and when necessary, makes findings and takes remedial action to address violations of the law.

The March 2013 version of their popular OPEN MEETING LAW GUIDE is available online or in .pdf format.  Also linked from their website are the open meeting law, regulations, information about filing a complaint, written determinations, and FAQs.

A separate webpage has additional resource links including this link to handy checklists for entering into executive session, posting a meeting notice, and creating & approving minutes of meetings.

A list of upcoming Open Meeting Law trainings is also available.

School's Out in Massachusetts, When?

Many towns have declared more than five snow days during this school year, causing their School Committees to scramble to figure out how to meet the mandatory 180 day operation requirement mandated by 603 CMR 27.03.

There is no uniform statewide answer to when school will close for the year. The last day of school will vary by city or town. The date depends on a number of factors including whether a district started school before or after Labor Day. There are also several methods that a district can choose to make up days after it has used up the five extra days that are required to be scheduled by each locality for unforseen school closings.  In 2011, the Massachusetts Commissioner of Elementary and Secondary Education issued Student Learning Time: Guidance on the 180-Day Requirement, which outlines and suggests sometimes surprising options that are up to the locality to decide.  For instance, it seems that the traditional February and April vacations are not a statewide mandate and that school can be in session after June 30th under certain local circumstances.

See our Massachusetts Law About Education  page for useful links to a wide variety of Massachusetts education topics.

Appellate Procedure Rule 4 Amended

The SJC has amended Mass. Rules of Appellate Procedure Rule 4 effective May 1, 2013. According to the Reporter's Notes:

"The 2013 amendment to Appellate Rule 4(a) changed item (3) to provide that, if served within ten days after entry of judgment, a motion under Mass. R. Civ. P. 59 to alter or amend a judgment or a motion under Mass. R. Civ. P. 60 for relief from judgment will toll the time period to claim an appeal from the underlying judgment.

"The language “however titled” in the amended version is intended to make clear that the substance and not the title of the motion should control. See Pentucket Manor Chronic Hospital, Inc. v. Rate Setting Commission, 394 Mass. 233, 235-236 (1985). Thus a post-judgment motion under either Mass. R. Civ. P. 59 or 60, whether titled as a motion to alter, amend, or vacate, for relief from judgment, or for reconsideration, if served within ten days, will toll the time period to file a notice of appeal."

You can find all Massachusetts court rules at Massachusetts Rules of Court.

Government on the Net

Finding information on the internet can be frustrating at times especially if you are looking for your local city and state resources.  Massachusetts state, local, and county information is readily available at the Trial Court Law Libraries website www.lawlib.state.ma.us. 

If you are looking for another state, Statelocalgov.net provides convenient one-stop access to the websites of thousands of state agencies and city and county governments.

That’s entertainment!

Is the next “Honey Boo Boo” living in your house?
Over the years, there have been many child stars, and while there are federal and state labor laws protecting minors in the workplace, these laws do not apply to the world of entertainment. Most parents only want the best for their children, but there are those who are more interested in the financial rewards brought in by the child actor. In California, the Childs Actor’s Bill was put into place for the financial protections of minors. Known as the “Coogan Act”, it was named after the child actor, "Jackie Coogan"whose mother and stepfather squandered the money he earned working with Charlie Chaplin.  Over the years this law has been updated many times and remains the strongest protection for young actors.
In Massachusetts there are also safeguards in place to protect child entertainers. Chapter 231, section 85P1/2 of the General Laws spells out the dos and don’ts necessary, and requires that contracts be approved by the Probate Court.
In the end, finding a specialty lawyer to help navigate the entertainment waters will always be in the best interest of the child.

Congratulations Law School Graduates!

Shortly after the mortarboards are tossed in the air, graduates will begin paying off those school loans. The March issue of ABA's Student Lawyer suggests that students should start preparing before graduation. In part three of a four part series, Heather Jarvis sets out a handy timeline for graduation students: Three Months Before Graduation : Try to limit your post-graduation / pre-employment debt (i.e. bar exam expenses) because federal student loans are not available for these types of debt. Two Months Before Graduation : Collect all of your loan information. For many this can be quite an extensive list. You can find a complete listing of all of your federal student loan debt at the National Student Loan Data System. If you have private loans, you might request a copy of your credit report to find a list of all your creditors. Make sure to calendar all of your first payment dates. Different loans will have different grace periods, so you'll need to take care. One Month Before Graduation : Update your contact information with all of your loans. Within a month or two of graduation : Consider consolidation of your student loans and evaluate your repayment schedule. Consolidating your loans may make it easier to keep track by limiting the number of lenders. You may also be eligible for Public Service Loan Forgiveness. Some repayment options you may want to consider are: Pay As You Earn and Income Based Repayment (where your payments are capped at 10% or 15% of discretionary income) and Graduated Repayment Plan (where your payments gradually increase, as, hopefully, your income increases). Four or Five Months After Graduation : Submit the necessary documents to confirm your chosen repayment plan. Remember that consolidation ends your grace period(s). Once a Year : Reevaluate your loan repayment strategy. You can change many repayment plans and make additional payments without being penalized. Often times, you can also temporarily postpone payments if you are having financial troubles. For more information on student loans, take a look at some of these titles available at the Trial Court Law Libraries.

"Give me Liberty, or Give me Death!"

On this date:  March 23, 1775 Sir Patrick Henry spoke those much heralded words of freedom:  "I know not what course others may take, but as for me, give me liberty or give me death!"  One month later, April 19, 1775, the Battle of Lexington and Concord began with "the shot heard round the world".  The Revolutionary War (1775 -1783) had begun.
After the signing of the Declaration of Independence on July 4, 1776, Patrick Henry was appointed governor of Virginia by the Continental Congress.  Yet, he is most remembered for his stirring oration on this date 238 years ago.

Law French or Plain Language?

Legalese has stumped ordinary people trying to read legal documents for centuries.

Law French was a language specifically developed for use in the English Courts in the third quarter of the thirteenth century. Part French, part archaic Anglo-Norman, with many words of Latin origin, it was a sophisticated technical language used for legal documents that were never intended to be understood by the vast majority of the English people.

Recently, we had reason to try to parse the meaning of a Law French phrase “ car est populus et serra reforme per presentment” in a Massachusetts case, 191 Mass. 78.  We turned to The Law-French Dictionary Alphabetically Digested, to which is added the Law-Latin Dictionary,  first published in London in 1701 at a time when the use of Law-French was going out of favor. It is now published in a reprint edition. Translation was difficult. For an interesting discussion of Law French, see Peter Tiersma’s Legal Language.

Fortunately, the plain language movement, exemplified by the Center for Plain Language, has made some strides in an attempt to aid lawyers in speaking with precision in language that everybody can understand. For more information about plain language, see Joseph Kimble’s Lifting the Fog of Legalese or Bryan A. Garner's Legal Writing in Plain English, available from your local Mass. Trial Court Law Libraries. 

               

Supreme Court upholds first sale rule for overseas copyrights

The Supreme Court Tuesday issued a ruling in a case involving a Thai student reselling books bought in Thailand to US individuals on eBay. Since the prices for the textbooks were much lower in Thailand, the student was able to make a profit. The ruling, written by Jusitice Breyer, overturned a lower court ruling in favor of the publisher Wiley, against the student.  Library organizations hailed the decision, while publishers and software industry groups claimed it would harm the industry and consumers.  The "first sale" rule now applies to copyrighted materials published oversees as well.
See our copyright page for related legal materials on copyright.

Just the facts, ma'am!

There are "common misconceptions" that are part of everyone's cultural literacy.  Wikipedia's List of Common Misconceptions posts a humorous collection and introduces them as "current, widely held, errorneous ideas and beliefs about notable topics which have been reported by reliable sources."  Somewhat like urban legends, they have wide circulation but little basis in fact.

While some misconceptions do one no harm (Does it matter in the scheme of things whether or not George Washington had wooden teeth?), others can have a significance beyond that which would appear at first blush.

One such misconception is that you can find everything on the web for free.  This is especially fallacious when talking about legal research.  As reported on the Massachusetts Trial Court Law Library website, the "truth is that most of the resources in our law libraries are only available in print or through expensive licensed databases."  The fact is that  these resources are a necessity for anyone who intends to "find the law" and cannot be accessed simply by owning an I-Pad or Smart Phone.  Access to the courts without access to reliable sources of legal information, both substantive and procedural, is access denied.

The good news is that the Massachusetts Trial Court provides free access, both web and on-site,  for citizens of the Commonwealth at its seventeen, tax supported, public Trial Court Law Libraries.  And while some might harbor the misconception that the Commonwealth's public law libraries are less important today than they were when founded in the early decades of the 19th century, the fact is that a look at both web use and brick and mortar statistics proves otherwise.

Mass License Required to Carry Self-Defense Spray

Mace, or pepper spray, is legal in the United States, but in some states, including Massachusetts, use is restricted. You are required to carry a license class B Restricted FID (Firearms Indentification) card, M.G.L. chapter 140, section 29B, because self-defense spray is considered ammunition.
Print the license application or get it from your local law enforcement department. Be prepared to provide extensive personal information, your birth certificate, fingerprints, and two references, then call your local police department, in case you need an appointment to drop it off with the $25 fee. You will have to wait a few weeks for license approval.  If approved you must purchase the spray from Licensed Firearms Dealers. Massachusetts does not allow mail order of pepper spray. The license is good for 6 years, and normally the Mass Department of Fish and Game, sends out renewals 90 days before the license is due to expire. Don't let it lapse, Massachusetts imposes strict fines, M.G.L. chapter 140, section 139, for unlicensed possession.
If you are traveling by air, FAA regulations allow one four-ounce container or smaller of pepper spray in checked baggage. For more information see our law about guns page.

FBI announces it knows who stole the paintings from the Gardner Museum

On the twenty-third anniversary of the theft, Federal authorities, together with Anthony Amore, Security Director of the Isabella Stewart Gardner Museum, held a press conference to publicly restate the $5 million reward for the return of the 13 pieces of art stolen in 1990. The FBI’s press release gives details of what they now know about the theft.

The U.S. Attorney can no longer prosecute the crime itself because the robbery occurred outside of any statute of limitations. There would be criminal liability for possession of stolen goods. U.S. Attorney Carmen Ortiz has said she is open to discuss potential immunity from prosecution if someone comes forward with knowledge of where the paintings are. All the parties involved agree that the return of the paintings to the museum is of utmost importance.

• More details about what happened on the night of March 18, 1990, together with images of the paintings, are available on the Museum’s web site.
• An article in today’s Boston Herald reveals the reactions of people who have been involved with the case for many years.
• The FBI’s Art Crime Team has a section of its web site devoted to the Gardner Museum Thefts.

Upcoming Supreme Court Decisions

The Supreme Court will be looking at several high profile cases in the coming months, which will have implications on laws throughout the country. These cases vary in scope, but all should be monitored in the coming months as decisions are reached.

Fisher v. University of Texas of Austin: A student suing the University claims she was unfairly denied acceptance because of her race. The case will reinterpret the Equal Protection clause of the 14th amendment, and could affect legislation dealing with Affirmative Action.

United States of America v. Windsor: This case challenges the Defense of Marriage Act (DOMA), and alleges it to be unconstitutional. Massachusetts is one of many states arguing against DOMA, and oral arguments will be held late March 2013.

Shelby County v. Holder: The case revolves around the 2006 re-authorization of section V of the 1965 Voters Rights Act, which makes States “Pre-clear” any changes in their voting techniques with the Federal Government. The Supreme Court recently heard oral arguments, and a decision should be made soon.

Clapper v. Amnesty International USA: In 2008, the Foreign Intelligence Surveillance Act (FISA) was readjusted by Congress to allow for warrantless wiretapping of suspected terrorists. The only requirement was to prove they could possibly be a threat. An opinion was just released late February, and can be read on their website.

You can read about the progress of these & other high profile cases on the SCOTUS Blog, and can also find transcripts & audio of the cases by visiting the SCOTUS website.

Gay rights: 10 years after Goodridge

Local chapters of the American Consitutional Society will be holding a conference to discuss legal developments in gay rights in the light of the upcoming 10th anniversary of two important cases, Goodrigde v. Dept. of Public Health and Lawrence v. Texas.     Lawrence and Goodridge at 10, is scheduled for Friday, April 5, at the Suffolk Law School and attendance is free, but registration is required.  For more information on gay rights and same sex marriage, see our webpage Massachusetts Law about Same-Sex Marriage.

ABA Home Front website for military families

The American Bar Association's website, ABA Home Front , contains legal resources for military families.  It features a legal information center with publications and resources on many legal topics that military families may encounter.  There is also a directory of legal programs and organizations that provide in-person consultation and representation for military families in need of legal help.  Additionally, there is a military pro bono center which facilitates pro bono opportunities for attorneys looking to volunteer their time to help military families.  For more information, see our page Massachusetts Law About Veterans.

A BLAWG FOR YOUR LEGAL INTERESTS!

Justia.com's BLAWG's [i.e., law blog] directory is a jumping off point to locate a blog on many legal topics! For example, you can chose from among lists of the most popular blogs about military law, entertainment & sports law, bankruptcy, disability law, real estate & property law, legal marketing, law librarians, intellectual property and many others.

There are special pages which gather together blawgs about law schools, from different countries, and from every state. The Massachusetts page includes a list of over 100 blawgs.

New Gender Identity Guidelines for public schools

The Mass. Dept. of Education just released new guidelines, Guidance for Massachusetts Public Schools Creating a Safe and Supportive School Environment Nondiscrimination on the Basis of Gender Identity, (in .pdf and .doc formats) which are designed to ease the lives of some public school students and make their school environment safer and more conducive to learning.  The guidelines are meant to help schools comply with An Act Relative to Gender Identity, St. 2011, c.199, effective July 1, 2012.  The Act prohibits gender based on discrimination in employment, housing public education, and credit and lending.

The new guidelines compel schools to develop plans to be accommodating and welcoming to transgender students, before the need arises, and recommendations in the guidelines include: 

-         use the names and pronouns students have chosen for themselves;

-         ensure students can access restrooms, locker rooms, and changing facilities that correspond to their gender identity and provide a safe alternative such as single “unisex” restroom;

-         adjust dress codes to be gender-neu8tral, including events like prom and graduation; and,

-         incorporate gender identity into anti-bullying curriculum, student leadership training and staff professional development.

Massachusetts Business One-Stop!

Mass.gov has just launched a great new website, Massachusetts Business One-Stop!

The website gathers together information ranging from assistance in starting, growing & operating a small business, funding & financing, regulations by industry, hiring & managing employees, taxes, and small business guides – all intended to help Massachusetts businesses succeed.

"The new portal facilitates interactions with businesses by providing one place to find current and clear information regarding how they can get their needs efficiently met and brings together in one location links to webpages that are spread across more than 30 different departments, agencies, and quasi-state agencies on both the state and federal level." (Press release, March 6, 2013)

The other side of our services

Libraries love statistics. We look on them as a measure of our success and a way to measure our business. We are in the business of providing information and resources, and we like to know how we are doing. We count lots of things, and we count the different ways we do them. As public libraries, we lend books, disks and other materials. We also answer questions (did you know we do live chat reference?), and have a document delivery service. So, here are a few numbers from our brick and mortar locations.
282,188 people visited our 17 locations in 2012.
53,065 questions were answered.
51,372 items were borrowed.
Last month we told you about our electronic services and totaled up web page hits, documents delivered, chat questions, and all the things we do in front of a keyboard. So if you are one of the people who helped us get to those totals, thanks for using our services.
We enjoyed providing them.

SJC Rules on abuse law and online dating

 On March 13, 2013, in E.C.O.vs. Gregory James Compton, the court vacated the extension of a restraining order the girl's father had obtained against Compton holding 'there was no 'abuse' as required by the statute."

However, the court concluded that "there was evidence of a substantive dating relationship in the circumstances of this case.  General Law ch. 209A, s. 1, directs courts to to adjudge the existence of substantive dating relationships by considering four factors: '(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency of interaction between the parties; and (4) if the relationship has been terminated by either person, the length of time elapsed since the termination of the relationship.'  Here, there was a three-month relationship that involved regular mutual communication. Although, after the daughter's return home from Europe, that communication occurred electronically, many of the transmissions, such as those through instant messaging and Skype, involved 'real-time' communication and face-to-face communication, thus adding a level of intimacy to the relationship...Our conclusion comports with fulfilling the remedial purpose of the statute....Chapter 209A must be interpreted to protect all who are in a substantive dating relationship from abuse, regardless of whether the relationship was developed or conducted by the use of technology."

For more on the subject see our page titled Law About Domestic Violence.

Official Rock Song of the Commonwealth

According to the Patriot Ledger there are two rock ‘n roll songs vying for the position of official Rock Song of the Commonwealth .  One is the song “Roadrunner” by the Modern Lovers and the other is "Dream On" by Aerosmith.  Both of these bands are from Massachusetts.  The bills are now in the legislature.  We will follow these bills and keep you informed...

Massachusetts Political Facts At Your Fingertips!

What’s a good source for Massachusetts Governmental & Political Facts? Manual for the General Court contains the Constitution of Massachusetts & Amendments with brief legislative history; a list of amendments rejected by the people; Official Oath or Affirmation of Office for every person chosen or appointed to any office in the Commonwealth; lists of Massachusetts legal holidays and proclamations required to be issues annually by the Governor (Keep Massachusetts Beautiful month-May, Whale Awareness Day – First Thursday in May, Home Composting Recognition Week-Second week in October); Congressional, Councillor, Senatorial, Representative Districts; alphabetical list of towns and cities; information on the Judiciary, District Attorneys, and Executive offices; Rules of the House and Senate; Valuation, Population and Voters in Massachusetts; Notes of Rulings on the Massachusetts Constitution, the House Rules and Senate Rules; and fun facts, such as the official Massachusetts polka ("Say Hello to Someone in Massachusetts"), Folk Song (Arlo Guthrie's "Massachusetts"), Bird (Chickadee), insect (Ladybug), and reptile (garter snake). Good Reading!

Is it spring yet?

May 1st is fast approaching as we prepare for Law Day 2013! This years theme 'Realizing the Dream: Equality for All', marking the 150th anniversary of the Emancipation Proclamation.  Looking forward to upcoming events.  Save the date, May 1, 2013.

 

Not in Massachusetts........

Article VI of the Constitution of the United States, referred to as The Supremacy Clause, states that the laws of the United States shall be the supreme law of the land; and the judges in every state are thereby bound. Yet regarding TSA's upcoming changes to their position on allowing small pocket knives on commercial flights, FOX 25 is reporting that the TSA is reminding the public that “it’s the responsibility of passengers to comply with their state and local laws as those local laws may prohibit possession of pocket knives.” Such is the case in Massachusetts. M.G.L. Ch. 269 sec.12F prohibits the possession of a cutting device on an airplane. Violators face a maximum of 5 years imprisonment and/or a $5,000 fine. The changes to TSA’s prohibited items list go into effect April 25, 2013.

Zip Code is "Personal Identification Information"

In Tyler v. Michaels Stores, announced yesterday, the SJC answered three certified questions from the US District Court regarding consumer privacy in credit card transactions. The court held:

1. Under MGL c.93, § 105(a), a zip code is "personal identification information." "This is so because... a consumer's zip code, when combined with the consumer's name, provides the merchant with enough information to identify through publicly available databases the consumer's address or telephone number, the very information § 105 (a ) expressly identifies as personal identification information. In other words, to conclude in those circumstances that zip codes are not "personal identification information" under the statute would render hollow the statute's explicit prohibition on the collection of customer addresses and telephone numbers, and undermine the statutory purpose of consumer protection."

2. "[A] plaintiff may bring an action for a violation of § 105 (a) without alleging a claim of identity fraud." To clarify, the court went on to explain that while a violation of § 105 (a) constitutes an unfair and deceptive practice,  "a plaintiff bringing an action for damages under c. 93A, § 9, must allege and ultimately prove that she has, as a result, suffered a distinct injury or harm that arises from the claimed unfair or deceptive act itself... Returning to § 105 (a), there appear to be at least two types of injury or harm that might in theory be caused by a merchant's violation of the statute: the actual receipt by a consumer of unwanted marketing materials as a result of the merchant's unlawful collection of the consumer's personal identification information; and the merchant's sale of a customer's personal identification information or the data obtained from that information to a third party."

3. "[W]e interpret 'credit card transaction form' to apply to transactions involving both electronic and paper forms."

Massachusetts Rules of Court in eBook Format

The Trial Court Law Libraries have been offering the Massachusetts court rules as free eBooks for one year, as of today.  Our announcement on March 12, 2012 generated a lot of buzz.

As of the end of January, there were 4,343 downloads of these eBooks onto a wide variety of devices. Our customers have seen the advantage of having the rules  in a digital format readily available to them wherever they might be -  in the courtroom, away from their home or office, or sitting at their desk.

Instructions for downloading, installing and using the eBooks are available on our web page “EBooks: Massachusetts Court Rules and Documents.” The Law Libraries also have multiple copies of the rules in print, and all the rules are available online from the Trial Court Law Libraries' web page "Massachusetts Rules of Court."

Back to the future

Can traveling back in time improve the future?  An article by staff writer, Scott Peterson, in the March 3, 2013 Christian Science Monitor appears to imply that it can.  Covering the upcoming exhibition of the Cyrus Cylinder across five cities in the United States, Peterson asks,"can an ancient hunk of clay bearing a message of tolerance from the Persian Empire help Americans and Iranians chip away at a generation of mutual hostility?"

     Ask most Americans about historical documents that guarantee individual freedoms, and they can proudly recall the Emancipation Proclamation (1863), or the United States Constitution Bill of Rights (1787), or even Magna Carta (1215).  Quite a long history!  But how many know of the Cyrus Cylinder, drafted by Cyrus, King of Persia, in 539 B.C.  (That's right, "B.C." - over 2500 years ago!)  Peterson describes the artifact as "One of the most iconic objects of the ancient world and sometimes called the world's first human rights charter, the baked-clay cylinder with cuneiform script is the declaration by the Persian King Cyrus the Great about his peaceful capture of Babylon, and his order that all peoples should be free to return to their lands and worship as they pleased."

    The five city tour begins today, March 9, 2013.   For tour dates, venues, and a lesson in the history of human rights and what it could mean for the future, visit the Iran Heritage Foundation website, Cyrus Cylinder US Tour 2013.


    
    

Gone fishing...not so fast

Everything you need to know about getting a license and paying fees can be found here. The 2013 Massachusetts Fish and Wildlife publication is now available. Our Law about Hunting and Fishing provides the laws, regulations and other legal information. Fines for violations of fishing or hunting laws range from $50- $5,000.

Some reading on hunting and fishing topics at the Trial Court Law Libraries includes: The Little Book of Hunting and Fishing, The Traveler's Gun and Knife Law Book, and Wetlands, Buffer Zones and Riverfront Areas : Wildlife Habitat and Endangered Species.

Sniff is Up to Snuff

Florida defendant Clayton Harris sought to suppress evidence found in his truck consisting of ingredients used to make methamphetamine. An officer conducted the search after an alert by Aldo, a drug-sniffing German shepherd. On appeal from the trial court, “the Florida Supreme Court held that the State must in every case present an exhaustive set of records, including a copy of the dog’s performance in the field, to establish the dog’s reliability.”

The U. S. Supreme Court recently reversed that decision. In a unanimous opinion, Florida v Harris, 568 U S ___(2013),  the Court said a dog’s reliability can be shown with evidence that the dog has completed a certification or training program when there is no evidence to the contrary.

Justice Kagan wrote for the Court, “The question—similar to every inquiry into probable cause—is whether all the facts surrounding a dog’s alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime. A sniff is up to snuff when it meets that test... Because training and testing records supported Aldo’s reliability in detecting drugs and Harris failed to undermine that evidence, Wheetley had probable cause to search Harris’s truck.”
For other cases and materials regarding drug dogs, please visit our  Law About Drug Detection Dogs page.

Celiac Disease is a disability under ADA in certain circumstances

The U.S. Department of Justice (DOJ) and Lesley University entered an agreement settling a claim by students that Lesley University violated the Americans with Disabilities Act (ADA) when it failed to make reasonable modifications for students with celiac disease and other food allergies.  The DOJ has provided a Q&A guide concerning the settlement and its possible implications for other public accommodations that serve food, like restaurants.  The DOJ's ADA Technical Assistance Program provides information and answers questions confidentially. To contact an ADA Specialist about a specific situation, please call the ADA Information Line: 800-514-0301 (Voice) and 800-514-0383 (TTY) M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time).

Ivan: Sharp Shooting K-9!

M.G.L. Ch. 269 §12E prohibits the discharge of a firearm within 500 feet of a dwelling. Violation of this statute is punishable by a fine or imprisonment. Unless, of course, the weapon is fired by "any law enforcement officer acting in the discharge of his duties". In drafting that language chances are our legislators never imagined that the "officer" would be a working K-9! The Eagle-Tribune is reporting that Ivan, a working K-9 of the Essex County Sheriff's Department, not only located a stolen Ruger buried in a snowbank but fired it into a dwelling without any injuries. Firearm scent detection and marksmanship too ..... Ivan's clearly the ultimate Police K-9!

Learn more about the legislative process

The 70th Citizens' Legislative Seminar (CLS) will take place this spring on Tuesday, March 12, and Wednesday, March 13, at the State House.

The Citizens' Legislative Seminar aims to better educate the public on the Commonwealth's legislative process. Established in 1976 through a collaborative effort of the Massachusetts Senate and the University of Massachusetts, this two-day seminar features presentations by senators and staff on aspects of the day-to-day experience of legislators in the commonwealth.

Topics will include the history of the process of the Legislature, the parliamentary role of the clerk of the Senate and the future of the Legislature.

The CLS culminates with a simulated legislative hearing and Senate session where participants are invited to use what they have learned as "senators" in the Senate Chamber.

Due to its popularity, participants in CLS, must be sponsored by their senator. If you have questions or would like to know more about the Program, contact your Senator’s office or the Senate Legislative Education Office at (617) 722-1380.

For more on the legislative process you can link to Guide to Tracing Massachusetts Law: A great source from the State Library.

Who Owns Public Art? Learn the Story Behind Banksy.

Last May, London graffiti artist Banksy painted a mural now known as “Slave Labour” on a wall in the borough of Haringey in London. The work was mysteriously ripped out of the wall and put up for auction in Florida at Fine Art Auctions Miami with a value listed at  $500,000 to $700,000. After much public outcry, the auction house withdrew the work before the sale. A recent article in New York Times, “Borough searches for missing boy, last seen on wall” hints at the question of who owns the art and what are the artist’s or the public’s moral rights.

 Read more about “The Story Behind Banksy” in February’s Smithsonian magazine.

Moral rights, which include an artist’s right to the protect attribution and the integrity of his or her work, are delineated in an evolving area of the law.

Internationally, the Berne Convention for the Protection of Literary and Artistic Works was first adopted in 1886, and most recently revised in 1971.

The Visual Artists Rights Act  of 1990 (VARA), 17 U.S.C. § 106A,  was the first federal copyright legislation in the United Stated to grant protection for moral rights.

The 1984 Massachusetts Art Preservation Act (MAPA), M.G.L.  c. 231 § 85s , states “The general court hereby finds and declares that the physical alternation or destruction of fine art, which is an expression of the artist’s personality, is detrimental to the artist’s reputation, and artists therefore have an interest in protecting their works of fine art against such alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations.”

Joined a Health Club Lately?

Health clubs in Massachusetts are failing to comply with state laws requiring them to display membership prices and fees as well as failing to display a consumer's three-day right to cancel health club contracts according to state regulators.  In a press release issued on February 27, 2013 by the Mass. Office of Consumer Affairs and Business Regulation (OCABR), the violations were uncovered when the agency conducted a survey of 15 clubs in the Greater Boston area from December through January. 

The agency also found during their investigation, in addition to monthly fees, enrollement fees ranged from $25 to $149, annual fees ranged from $40 to $50, and termination fees ranged from $59 to $199.

“This is the busiest season for new health club memberships, with people trying to stick to their New Year’s resolutions,” said Undersecretary Barbara Anthony. “We want to make sure that, as with any other product or service you buy, consumers are aware of their rights and told the price and terms and conditions before signing any contracts. Our survey shows that health club consumers, through no fault of their own, may not know how much they’ll be paying.”

Anthony also stated: “Signing a contract for a health club should not resemble the old stereotype of purchasing a used car. The law requires complete up front disclosure of all prices and material terms and conditions. We found some troubling transgressions during the course of our investigation and will refer all alleged violations to the Attorney General’s Office.”

To assist consumers in choosing a health club to join, see OCABR's webpage: "Making Health Clubs Work for You."

For additional Mass. state laws on health clubs, see G.L. Chapter 93, Sections 78-88. 

Cinema of Law Film Series in Pittsfield

Films about the law introduced by members of the Berkshire Bar will be shown in the auditorium of the Berkshire Athenaeum again this year on Tuesdays in March. Presentations are co-sponsored by the Berkshire Law Library, the Berkshire Bar Association and the Friends of the Berkshire Athenaeum. Presentations begin at 6 p.m. and the movies follow.  The popcorn is free.

March 5    The Last Campaign    (2005)

To be introduced by Hon. Fredric Rutberg

Documentary about money in politics and the unsuccessful reelection campaign of a West Virginia Supreme Court Justice.

March 12    Caine Mutiny    (1954)

To be introduced by Attorneys Lou Oggiani, Peter Brewer and Hon. Richard Simons

Caine Mutiny was one of three films with corresponding stage plays that have been presented and directed by Lou Oggiani and Peter Brewer, with casts that included many of the members of the Berkshire Bar.

March 19    Overlooked Suspect    (2010)

To be introduced by Albert Harper

Dr. Harper is an attorney and a forensic scientist.  A Nova special highlights his work on the skull of an Inca warrior which provided confirmation that this warrior was the first victim of a gunshot wound in the New World.  Dr. Harper will speak about his work in the field of forensics.

Overlooked Suspect is a film about a fellow forensic scientist who has made an assessment of the evidence in the O.J. Simpson case.

March 26    Amistad    (1997)

To be introduced by Attorney Joseph Best

Historic drama based on the true story about an 1839 slave ship uprising, and the trials (in 1840 and 1841) for the slaves' freedom. To read the original case. see The United States v. The Amistad, 40 U.S. 518 (1841).

Joe Best is the managing partner of a full service immigration law group. His experience and commitment to international human rights will inform his talk on the issues in the film.

 

Title IX - Do you remember what women's sports was like before it was passed?

Title IX is the Federal Civil Rights law that prohibits sex discrimination in education. Signed into law by President Richard Nixon on June 23, 1972, it states (in part) that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance".

Title IX is a portion of the Education Amendments of 1972, Public Law No. 92-318 http://tinyurl.com/awofrd2 and is codified at 20 U.S.C. sections 1681 through 1688. http://tinyurl.com/ux0a

Enforcement is the responsibility of the Department of Health and Human Services http://www.hhs.gov/ , previously known as the Department of Health, Education and Welfare (HEW). It applies to primary and secondary schools as well as vocational, professional, undergraduate and graduate programs. Did you know that it doesn't cover institutions that traditionally admit only one sex or religious institutions where compliance with Title IX would go against their religious beliefs?

Source: Sports Law in a Nutshell, 4th edition by Walter T. Champion, Jr. and Wikipedia.

Don't let the bed bugs bite!

Seems like this old time bedtime warning is harder and harder to heed. Bed bug infestations are rampant in many areas of the country. In Massachusetts, landlords are responsible for eradicating insects as required by the State Sanitary Code. 105 CMR 410.550: Extermination of Insects, Rodents and Skunks, 105 CMR 410.750:, and starting at 105 CMR 410.820: Inspection Upon Request. Mass Legal Help has written "Help! I have bedbugs in my apartment!" which contains a plain language discussion, based on the CMR, which can guide the unlucky tenant through the steps to take when faced with this itchy situation. Our website has extensive information about Landlord Tenant information. Massachusetts Law About Landlord and Tenant is a good place to start.

Violence Protection for State Social Workers

A new law, signed by Gov. Deval Patrick as part of a supplemental budget, requires that any state-operated or state-funded human service program providing direct services to clients have a workplace violence prevention and crisis response plan for its social workers, human services workers, volunteers and all other employees.

Supporters say that more than 50 percent of social workers in Massachusetts have been physically assaulted in a work-related incident, ranging from pushing, hitting, and choking to life-threatening attacks. They note it is time to protect these dedicated, often underpaid workers.

For more detail on the plan for state-operated or state-funded human service program workplace violence and protection see Violence Protection (H 57) Section 30.

Sounds of summer

I scream, you scream, we all scream for ice cream! It may be still February, but summer is not that far away. With it comes the easily identifiable sound of the ice cream truck. Who can't remember running toward truck to get their Creamsicle or RocketPop with the sounds of children screaming, "It's the ice cream man!" floating through the air. So how does one become the ice cream man or woman? At one time there weren't any laws or regulations, but in 2010, Massachusetts General Law, Chapter 270 section 25 was implemented. This new law was designed to provide uniform laws and regulations to cover the sale of ice cream from a vending truck. The new regulations, Title 520, sections 15.00, et seq. went into effect on February 15, 2013 and included a prohibition against issuing a permit to anyone registered as a sex offender as defined by Massachusetts General Law, Chapter 6, section 178C, and completing a state and national CORI.
For more information, here is a link to frequently asked questions.

Common cold got you down?

A lawyer walks into a bar…Are you tired of the same old jokes? In addition to some more useful pages for attorneys, Gavel2Gavel has some pretty funny stories and jokes and a collection of “totally useless facts”. For the more serious among us, try Lowering the Bar. Don’t think that lawyers get to have all the fun. Judges have some fun with parody and drafting in verse. If online is not your thing, check out these books held by the Trial Court Law Libraries. Have fun and remember…laughter is the best medicine!

Pothole season

Has your car been damaged by a pothole? You might be able to recover the cost of repairing your car depending on whether the damage occurred on a city or town road as opposed to a state road. According to the Massachusetts Department of Transportation's FAQ website, the state does not reimburse for property damage caused by defects on state roads. A numbered route does not necessarily mean the portion of the road where you incurred damage is actually a state road. See 720 CMR 7.14 for a list of state highways. If the damage occurred on a local road you might be able to make a claim with the city or town according to MGL c.84, s.15. For more information about potholes link to our Massachusetts Law About Potholes and Road Defects page.

George Washington Slept Here

General George Washington had his headquarters in Cambridge during the Siege of Boston from July 1775 to April 1776. The 281st anniversary of Washington's birth on February 22, 2013 will be celebrated at the Longfellow House - Washington's Headquarters National Historic Site in Cambridge with Washington themed tours of the first floor every 30 minutes between 1:00 and 4:00. 

In February of 1856, Massachusetts was the first state to officially celebrate Washington’s birthday as a holiday. Chapter 5 of the Resolves of 1856, “Resolves Relative to the observance of the Birthday of Washington” commemorates Washington with a resolution that the General Court read George Washington’s “Farewell Address.” The United States Senate began a similar tradition on February 22, 1862 in the midst of the Civil War.

A look at our web use for 2012

I have to say, we are proud of the amount of information that we have collected and loaded onto the web, as well as how it is organized. Apparently, it seems to be working. In 2012 our web site had 42,035,129 hits. That means we were on the results page for searches over 42 million times. There were 7,454,671 unique page views to our various pages. We also answered 3,588 email questions from our online form (does not include questions that come directly from patron's email), and provided 4,198 documents upon request. Our cases page, masscases.com had 1,457,870 page views. That site is the result of untold hours of work by our staff to be sure that Massachusetts appellate decisions are freely available to the people of Massachusetts. Our chat service handled approximately 6300 questions during 2012. We now take questions to chat from your phone's text messaging. We will follow up with our numbers for our brick and mortar locations in a later post. Thanks to our patrons and the people of Massachusetts for making our website so popular. Your input has made it better.

Do landlord's have any rights in Massachusetts?*!*

     Well, they certainly have many duties and responsibilities with  respect  to tenants; however, tenants also have many reciprocal duties and responsibilities.   The Greater Boston Real Estate Board has just published the eighth edition of Philip S. Lapatin's The Landlord Survival Guide/A Must for Owners and Managers of Rental Property in Massachusetts! If ever there was a sorting out of the law governing landlord tenant relations, this is the bible.

     Although titled a landlord's "survival guide", the work is a must for anyone interested in landlord tenant relations.  In eight well organized and easy to read chapters, the author takes the reader from Finding Tenants to Terminating the Tenancy and dealing with Security Deposits and Last Month's Rent.  The State Sanitary Code is reproduced, as well as an exhaustive set of sample forms.  For the reader's convenience, a "plain english" index is provided.

     This book can be borrowed from the Massachusetts Trial Court Law Libraries.  For a list of holding libraries see the Library catalog.
    
    

Confused about Cloud Computing?

What is Cloud Computing? It's the internet--no wires or thumbdrives needed--that you can access anytime, anywhere, using a laptop, ipad, or phone, etc. The capability to easily access information stored in a cloud, is the latest techno-topic of interest to attorneys. Cloud storage provides the ease of consolidating, maintaining and accessing information, but the security of confidential client information is an ethical concern.  Massachusetts Rules of Professional Conduct, Rule 1.6(a), governs the secure storage and transmittal of client information. MBA Ethics Opinion 12-03 addresses whether or not an attorney is violating the rule by using third party cloud storage services, risking client confidentiality. The Opinion clearly states that an attorney will not be violating professional ethics, provided that "reasonable efforts" have been made to thoroughly evaluate the service provider and the client has given prior approval for cloud storage and transmittal.  
"Clearing Up the Cloud," is an interesting read, highlighting the changes to the rule, published in the Jan/Feb 2012 issue of GPSolo, having provided the inspiration for this post. A number of books on cloud computing are available through the Trial Court Law Libraries.

Doesn't a landlord have to provide window shades?

What a landlord must legally provide to tenants in rental property is clearly listed in several sections of 105 CMR 410.  Among them are a kitchen sink, a working stove and oven, a toilet and washbasin, a bathtub or shower, light fixtures in the kitchen, bathroom, halls and stairways, heat (but not with space heaters) and hot water.  The last two items may or may not be paid for by the landlord according to provisions of the lease.  For more information about a landlord's obligations, see our page on Massachusetts Law about Landlord and Tenant.  You can find there under "Other Web Sources," an excellent summary of the obligations of both landlords and tenants, Good Neighbors Handbook, from the City of Boston.

Washington's Birthday

George Washington's birthday became a federal holiday in 1878 for government offices in  the District of Columbia, and in 1885, the law was expanded to include all federal government offices.  The holiday was observed on Washington's actual birthday of February 22. 
"In 1968, Congress passed the Monday Holidays Act, which moved the official observance of Washington's birthday from February 22 to the third Monday in February. Some reformers had wanted to change the name of the holiday as well, to Presidents' Day, in honor of both Lincoln and Washington, but that proposal was rejected by Congress, and the holiday remained officially Washington's Birthday."

For more information, visit Infoplease.com

Oral arguments of the U.S. Supreme Court: Transcripts & recordings

The U.S. Supreme Court website has made the transcripts (beginning October 2000 term) and recordings (beginning October 2010 term) of oral arguments heard by the Court available for free on their website.

The website also includes information about availablity of earlier transcripts and recordings and a vistor's guide to oral arguments.

Briefs for the current term of the U.S. Supreme Court are made available through the American Bar Association.  Links to bound volumes (1991-date), slip opinions (last several years), biographies of the justices, and a great deal more can be found on the website.

Thank you veterans...

We've added a new page on Veterans Law. The page is designed to help veterans and their families research the legal protections and benefits available on the federal, state and local level. The page highlights laws that protect veterans' rights and provide programs and services, such as employment training and educational, medical and disability benefits. The page also contains links to cases and to online and print resources which explain the many programs and services available to veterans and how to access them. Thanks to all the men and women who have served us with honor. We wish we could do more.