New England Law Review Volume 50 Number 3 Spring 2016

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.

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.

This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases—across time, place, and circumstance—to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters’ rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as “property,” from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters’ rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners’ families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con­sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.

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

Drawing on the findings of a series of empirical studies undertaken with boards of directors and CEOs in the United States, this groundbreaking book develops a new paradigm to provide a structured analysis of ethical healthcare governance. Governance Ethics in Healthcare Organizations begins by presenting a clear framework for ethical analysis, designed around basic features of ethics – who we are, how we function, and what we do – before discussing the paradigm in relation to clinical, organizational and professional ethics. It goes on to apply this framework in areas that are pivotal for effective governance in healthcare: oversight structures for trustees and executives, community benefit, community health, patient care, patient safety and conflicted collaborative arrangements. This book is an important read for all those interested in healthcare management, corporate governance and healthcare ethics, including academics, students and practitioners.

Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings. The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together.