New England Law Review Volume 48 Number 3 Spring 2014

The New England Law Review now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This third issue of Volume 48, Spring 2014, contains articles and presentations from leading figures of the academy and the legal community. Contents of this issue include a Symposium on "Benchmarks: Evaluating Measurements of Judicial Productivity," featuring such recognized legal scholars as Jordan Singer, Hon. William Young, Hon. Lee Rosenthal, Steven Gensler, Chad Oldfather, John Spottswood, Carolyn Dubay, and Malia Reddick. Both trial and appellate courts are considered. In addition, extensive student research explores such fields as copyright infringement by YouTube, corporate crimes and jury findings, employees' remedies under FLSA, and protections of the mechanic's lien. Quality digital formatting includes linked notes, active tables of contents, active URLs in notes, and Bluebook citations.

The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This third issue of Volume 49 (Spr. 2015) features an extensive and important Symposium on "Educational Ambivalence: The Story of the Academic Doctorate in Law," presented by leading scholars on the subject. Contents include: "Educational Ambivalence: The Rise of a Foreign-Student Doctorate in Law," by Gail J. Hupper "The Context of Graduate Degrees at Harvard Law School Under Dean Erwin N. Griswold, 1946–1967," by Bruce A. Kimball "Perspectives on International Students' Interest in U.S. Legal Education: Shifting Incentives and Influence," by Carole Silver "A Future for Legal Education," by Paulo Barrozo In addition, Issue 3 includes these extensive student contributions: Note, "The Transgender Eligibility Gap: How the ACA Fails to Cover Medically Necessary Treatment for Transgender Individuals and How HHS Can Fix It," by Sarah E. Gage Note, "Breaking the Cycle of Burdensome and Inefficient Special Education Costs Facing Local School Districts," by Alessandra Perna Comment, "Scream Icon: Questioning the Fair Use of Street Art in Seltzer v. Green Day, Inc.," by Shannon Hyle Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.

Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!

In Connecting Ethics and Practice: A Lawyer's Guide to Professional Responsibility, Third Edition, the author explains the legal, professional, and ethical constraints that regulate attorneys while keeping the modern law professor and student in mind. Contemporary cases and articles are used to provide for an easier understanding of the Model Rules and Judicial Cannons, which assists in preparing for law school exams and the MPRE. The author employs a user-friendly coursebook format organized in a logical manner while achieving a realistic and manageable length. Mind maps are provided with every chapter to help students visualize and remember selected rules, and discussion questions are used to allow the students to fully comprehend and digest the reading, while also demonstrating real-life struggles most lawyer face at some point in their careers. Based on the unique format, students systematically cover all important aspects of the legal journey from law school to the legal profession. New to the Third Edition: Revised chapters contain contemporary cases, discussions, and studies Updated Model Rule 7 (Advertising) Scholarship throughout the book (in Chs. 1, 4, 10, 12, and 14) has been updated to include more recent and engaging articles New cases: Ch. 7: Federico v. Lincoln Military Hous., LLC Ch. 10: In re Discipline of Hale Ch. 11: People v. Maynard Ch. 12: Bennett v. Hill-Boren, P.C. Benefits for instructors and students: The easy-to-follow logical sequence of all relevant rules are clearly articulated at the beginning of the book and then reiterated accordingly in every chapter The structured material is well-suited for a new or experienced professor Chapters are based on quality readings as opposed to quantity Engaging, realistic examples exhibit how each Rule relates to practice Simple, consistent organization of each chapter offers a clear and logical layout, allowing for ease of use and teaching throughout Chapter introductions begin with concise explanations of the applicable Rules to be discussed Readings are controversial, contemporary, and thought-provoking Flexible organization allows for the material to be adapted to meet the individual needs of each class; professors can use as much or as little guidance as needed, and the material can be adjusted for a 2- or 3-credit course Discussion questions at the end of each reading, as well as at the end of each chapter, encourage colorful and lively dialogue and participation (which can be used in detail if time permits, or just used for student understanding of the material for class preparation) Table of Model Rules with applicable page numbers provide easy reference

This book examines the recent intersection of national security and public health regarding biological threats to the U.S. populace and proposes improvements to the executive and legislative development of U.S. policy addressing biological threat mitigation. Over the last 20 years, the national security community has engaged with disease-related issues that have traditionally been the scope of public health agencies. The federal government's response has been to create a single national biodefense strategy, which has been largely ineffective in improving conditions due to poor terminology, a lack of leadership, and a failure to assess government programs. Applying a public policy framework, Albert J. Mauroni examines how the government addresses biological threats-including disease prevention, bioterrorism response, military biodefense, biosurety, and agricultural biosecurity and food safety. He proposes a new approach to countering biological threats, arguing that lead agencies should focus on implementing discrete portfolios with annual assessments against clear and achievable objectives.

"Habitually interpreted as the fundamental law of the American republic, the US Constitution was in fact designed as an instrument of union between thirteen American republics and as a form of government for their common central government. It offered an organizational solution to the security concerns of the newly independent American states. Confederation was an established means for weak states to maintain their independence by joining in union to manage relations with the outside world from a position of strength. Confederation also transformed the immediate international environment by turning neighboring states from potential enemies into sister states in a common union or peace pact. The US Constitution profoundly altered the structure of the American union and made the federal government more effective than under the defunct Articles of Confederation. But it did not transform the fundamental purpose of the federal union, which remained the management of relations between the American states, on the one hand, and between the American states and foreign powers, on the other hand. As had been the case under the articles, the states regulated the social, economic, and civic life of their citizens and inhabitants with only limited supervision and control from the federal government. Interpreting the Constitution as an instrument of union has important implications for our understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by that of state constitutions and legislation"--

The history of bourgeois modernity is a history of the Enemy. This book is a radical exploration of an Enemy that has recently emerged from within security documents released by the US security state: the Universal Adversary. The Universal Adversary is now central to emergency planning in general and, more specifically, to security preparations for future attacks. But an attack from who, or what? This book – the first to appear on the topic – shows how the concept of the Universal Adversary draws on several key figures in the history of ideas, said to pose a threat to state power and capital accumulation. Within the Universal Adversary there lies the problem not just of the ‘terrorist’ but, more generally, of the ‘subversive’, and what the emergency planning documents refer to as the ‘disgruntled worker’. This reference reveals the conjoined power of the contemporary mobilisation of security and the defence of capital. But it also reveals much more. Taking the figure of the disgruntled worker as its starting point, the book introduces some of this worker’s close cousins – figures often regarded not simply as a threat to security and capital but as nothing less than the Enemy of all Mankind: the Zombie, the Devil and the Pirate. In situating these figures of enmity within debates about security and capital, the book engages an extraordinary variety of issues that now comprise a contemporary politics of security. From crowd control to contagion, from the witch-hunt to the apocalypse, from pigs to intellectual property, this book provides a compelling analysis of the ways in which security and capital are organized against nothing less than the ‘Enemies of all Mankind’.