New England Law Review Volume 49 Number 4 Summer 2015

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 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.

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.

However divergent their analyses may be in other ways, some prominent anti-capitalist critics have remained critical of contemporary debates over reparative justice for groups historically oppressed and marginalized on the basis of race, gender, sexual identity, sexual preference, and/or ability, arguing that the most these struggles can hope to produce is a more diversity-friendly capital. Meanwhile, scholars of gender and sexuality as well as race and ethnic studies maintain that, by elevating the socioeconomic above other logics of domination, anti-capitalist thought fails to acknowledge specific forms and experiences of subjugation. The thinkers and activists who appear in Totality Inside Out reject this divisive logic altogether. Instead, they aim for a more expansive analysis of our contemporary moment to uncover connected sites of political struggle over racial and economic justice, materialist feminist and queer critique, climate change, and aesthetic value. The re-imagined account of capitalist totality that appears in this volume illuminates the material interlinkages between discrepant social phenomena, forms of oppression, and group histories, offering multiple entry points for readers who are interested in exploring how capitalism shapes integral relations within the social whole. Contributors: Brent Ryan Bellamy, Sarah Brouillette, Sarika Chandra, Chris Chen, Joshua Clover, Tim Kreiner, Arthur Scarritt, Zoe Sutherland, Marina Vishmidt

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.

The long history of medical care for the dying has largely been neglected. It began in 1605 when physicians were challenged to enable persons to die peacefully. Today it includes palliation of oppressive symptoms, emotional and psychological care, and respect for the wishes and cultural backgrounds of patients and families. Especially since the 1990s, it embraces symptom-easing palliation for patients with severe life-limiting and chronic illnesses. Providing a detailed picture of contemporary palliative care, this book chronicles four centuries of the quest for a good death, covering the fight against futile end-of-life treatments, the history of life-extending treatments and technologies, the roles of nurses, the liberation of the dying from isolation in hospitals and hard-won victories to secure patients' right to choose.

This book explores decision making for members of Congress with state-level constituents weighing state versus national implementation and outcomes.

This book explores the new types of political organization that emerged in Western Europe and the United States during the nineteenth century, from popular meetings to single-issue organizations and political parties. The development of these has often been used to demonstrate a movement towards democratic representation or political institutionalization. This volume challenges the idea that the development of ‘democracy’ is a story of rise and progress at all. It is rather a story of continuous but never completely satisfying attempts of interpreting the rule of the people. Taking the perspective of nineteenth-century organizers as its point of departure, this study shows that contemporaries hardly distinguished between petitioning, meeting and association. The attraction of organizing was that it promised representation, accountability and popular participation. Only in the twentieth century did parties reliable partners for the state in averting revolution, managing the unpredictable effects of universal suffrage, and reforming society. This collection analyzes them in their earliest stage, as just one of several types of civil society organizations, that did not differ that much from each other. The promise of organization, and the experiments that resulted from it, deeply impacted modern politics.