New England Law Review Volume 49 Number 2 Winter 2015

The New England Law Review now offers its issues in convenient digital formats for e-reader devices, apps, pads, smartphones, and computers. This second issue of Volume 49 (2015) contains articles by leading figures of the legal community. Contents of this issue include: Articles: “A Reliable and Clear-Cut Determination: Is a Separate Hearing Required to Decide When Confrontation Forfeiture by Wrongdoing Applies?,” by Tim Donaldson “Constitutional Interpretation and Technological Change,” by Allen R. Kamp Notes: “Defense Witnesses Need Immunity Too: Why the Supreme Court Should Adopt the Ninth Circuit’s Approach to Defense-Witness Immunity,” by Alison M. Field “Hacktivism — Political Dissent in The Final Frontier,” by Tiffany Marie Knapp Comment: “Morrow v. Balaski: When Good Intentions Go Bad,” by Wendy L. Hansen 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 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.

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.

This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. As well as offering the first formal assessment of the legality of fracking bans and moratoria, Ruven Fleming further proposes a new methodology for the development of legally sound regulation of new energy technologies in the context of the energy transition.

The Kilmichael Ambush of 28 November 1920 was and remains one of the most famous, successful – and uniquely controversial – IRA attacks of the Irish War of Independence. This book is the first comprehensive account of both the ambush and the intense debates that followed. It explores the events, memory and historiography of the ambush, from 1920 to the present day, within a wider framework of interwar European events, global ‘memory wars’ and current scholarship relating to Irish, British, oral and military history. Kilmichael: The Life and Afterlife of an Ambush features extensive archival research, including the late Peter Hart’s papers, as well as many other new sources from British and Irish archives, and previously unavailable oral history interviews with Kilmichael veterans. There has always been more than one version of Kilmichael. Tom Barry’s account certainly became the dominant one after the publication of Guerilla Days in Ireland in 1949, but it was always shadowed and contested by others, and in this book, Eve Morrison meticulously reconstructs both ‘British’ and ‘Irish’ perspectives on this momentous and much-debated attack.

The current opioid epidemic in the United States began in the mid-1990s with the introduction of a new drug, OxyContin, viewed as a safer and more effective opiate for chronic pain management. By 2017, the opioid epidemic had become a full-blown crisis as over two million Americans had become dependent on and abused prescription pain pills and street drugs. This book examines the origins, development, and rise of the opioid epidemic in the United States from the perspective of the public policy process. The authors, political scientists Kant Patel and Mark Rushefsky, discuss institutional features of the American political system that impact the making of public policy, arguing that the fragmentation of that system hinders the ability to coherently address policy problems, taking the opioid epidemic as an example. The book begins with a brief historical examination of the history of the problem of opioid addiction and crises in the United States and public policy responses to past crises, but the main focus is on the current national public health emergency. The book analyzes the following: The origins of the current crisis Indicators and warning signs pointing to the emergence of a significant public problem Factors that contributed to the opioid crisis Why the crisis emerged in the United States and not in other Western countries The nature and scope of the opioid crisis, including socioeconomic and demographic characteristics and the human, social, and economic costs Presidential administrations’ public response, and nonresponse, to the opioid crisis Parallels between the role played by opioid manufacturers and tobacco/cigarette manufacturers in creating the problem of addiction, resulting in high mortality rates, and the public policy response to both This book explores the national policy response to the opioid crisis, as well as state and local government responses and separation of powers, including how the three branches of government deal with the opioid problem. The authors conclude with a discussion of how accurate problem definition, problem diagnosis, and appropriate and timely responses could have produced a more appropriate and robust policy response—policy process tools that will be essential in fighting both the current crisis and the next one. The Opioid Epidemic in the United States is essential reading for policy analysis courses in political science, health, and social work programs, as well as for United States policymakers at the local, state, and national levels.