New England Law Review Volume 48 Number 4 Summer 2014

This issue is a contemporary look at the development of death penalty law and historical figures in this process, in Symposium: "A Look Back at the History of Capital Punishment." The New England Law Review now offers its issues in convenient digital formats for e-reader devices, apps, pads, smartphones, and computers. This final issue of Volume 48, Summer 2014, contains articles by leading figures of the academy. Contents of this issue include a Symposium on the history of U.S. capital punishment, featuring such recognized legal scholars as Evan J. Mandery, Michael Meltsner, Phyllis Goldfarb, and Zachary Baron Shemtob. The history and anomalies of the development of capital punishment law in the U.S. Supreme Court is explored, as well as cutting-edge issues in the politics of the death penalty (readily accessible to historians, nonlawyers, and others interested in the people and ideas behind the historical trend). Research includes telling interviews with past law clerks and other participants in the process of developing death penalty law over the years, and insightful analysis of the import of such decision-making and the impact of race. In addition, extensive student research explores such fields as mode-of-operation cases for tort lawsuits beyond the supermarket setting, the Morton memo and detention of asylum seekers, and expanding same-sex protections at work in harassment cases beyond the notion of sexual desire. Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.

The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This 4th issue of Volume 49 (Sum. 2015) features an extensive and important Symposium entitled "What Stays in Vegas," presented by leading scholars on the subject of privacy and big data. Contents include: "Legal Questions Raised by the Widespread Aggregation of Personal Data," by Adam Tanner "What Stays in Vegas: The Road to 'Zero Privacy,'" by David Abrams "Privacy and Predictive Analytics in E-Commerce," by Shaun B. Spencer "Privacy and Innovation: Information as Property and the Impact on Data Subjects," by Rita S. Heimes In addition, Issue 4 includes these extensive student contributions: Note, "Reforming Civil Asset Forfeiture: Ensuring Fairness and Due Process for Property Owners in Massachusetts," by Charles Basler Note, "'Mature Person Preferred': The Circuit Split on the 'Ordinary Reader' Standard for Advertisements in Violation of the Fair Housing Act," by Heather G. Reid Comment, "Ultramercial III: The Federal Circuit's Long Lesson," by Tiffany Marie Knapp Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.

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 first issue of Volume 48, Fall 2013, was published in 2014 and contains articles and presentations from leading figures of the academy, the judiciary, and the legal community. Contents of this issue include: • Commencement Address at New England Law: Boston, May 24, 2013, by U.S. Attorney Carmen M. Ortiz Articles: • Creamskimming and Competition, by Jim Chen • "Give Me That Old Time Religion": The Persistence of the Webster Reasonable Doubt Instruction and the Need to Abandon It, by Hon. Richard E. Welch, III • Standing Up to Clapper: How to Increase Transparency and Oversight of FISA Surveillance, by Alan Butler Notes: • Avoiding Unintended House Boats: Towards Sensible Coastal Land Use Policy in Massachusetts, by Keith Richard • The Moral Judiciary: Restoring Morality as a Basis of Judicial Decision-Making, by Erik Hagen • Tales of the Dead: Why Autopsy Reports Should Be Classified as Testimonial Statements Under the Confrontation Clause, by Andrew Higley Comments: • Putting Beer Goggles on the Jury: Rape, Intoxication, and the Reasonable Man in Commonwealth v. Mountry, by Annalise H. Scobey • A Government of the People, by the People, for Whom? How In re Enforcement of a Subpoena Ensures that the Judiciary Is Unaccountable, by Lindsay Bohan

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 first issue of Volume 50 (Fall 2015) features an extensive and important Symposium entitled "Discipline, Justice, and Command in the U.S. Military," presented by leading scholars on the subject. Contents include: "Introduction to 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Victor Hansen "Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society," by Rachel VanLandingham "On Unity: A Commentary on 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Elizabeth Hillman "To Prosecute, or Not to Prosecute: Who Should Make the Call?," by James Gallagher In addition, Issue 1 includes these extensive student contributions: Foreword,"50 Years: Through Changing Times the New England Law Review Remains a Constant," by Nicholas Baran Note, "A New Era of Eyewitness Identification Law: Putting Eyewitness Testimony on Trial," by Sara Conway Comment, "Without a Bright-line on the Green Line: How Commonwealth v. Robertson Failed to Criminalize Upskirt Photography," by Jeffrey Marvin Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.

Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

The 1760s were a period of great agitation in the American colonies. The policies implemented by the British resulted in an outcry from the Americans that inaugurated the radical ideas leading to the Revolution in 1775. John Dickinson led the way in the "war of ink" between America and Britain, which saw over 1,000 pamphlets and essays written both for and against British policy. King George III, the new British monarch, wrote extensively on the role of Britain in the colonial world and sought to find a middle way between the quickly rising feelings on both sides of the debate. This book tells the story of this radical decade as it occurred in writing, drawing from primary sources and rarely seen exchanges.

Aristotle noted that "equality" is the plea not of those who are satisfied but of those who seek change, and the word has long been invoked in the name of social reform. It retains its force because arguments for equality put arguments for inequality on the defensive. But why is "equality" laudatory and "inequality" pejorative? In this first book-length analysis of the rhetorical force of equality arguments, Peter Westen argues that they derive their persuasiveness largely from the kind of word that "equality" is, rather than from the values it incorporates. By focusing on ordinary language and using commonplace examples from law and morals, Westen argues that equality is a single concept that lends itself to a multiplicity of conceptions by virtue of its capacity to incorporate diverse standards of comparison by reference. Equality arguments draw rhetorical force in part from their tendency to mask the standards of comparison on which they are based, and in so doing to confound fact with value, premises with conclusions, and uncontested with contested norms. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.