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11 11, 2014

Overview of the Massachusetts Court System

By |2020-11-01T17:38:15+00:00November 11, 2014|Court System, Legal Overviews|

The Massachusetts court system is vast and can be confusing, especially for litigants going it alone, or pro se. Although we may think ourselves expert DIY-ers, attempting to navigate the courts without an attorney is akin to navigating Boston Harbor without a chart… you might make it, but the chance of running aground on submerged hazards is high.

Trial Courts

District Courts are the rough-and-tumble bedrock of the court system; there are 62 of them in cities and towns throughout the Commonwealth. In Boston, the various neighborhood district courts (e.g. Dorchester, Charlestown, East Boston) fall under the umbrella of the Boston Municipal Court Department. Boston Municipal Court (BMC) refers to the Edward W. Brooke courthouse which hears matters arising within the city’s downtown core. [Read More…]

18 9, 2014

Arbitration Clauses and Employment Discrimination

By |2020-11-01T17:38:15+00:00September 18, 2014|Arbitration, Discrimination|

Massachusetts has strong protections against employment discrimination. It is against the law for employers to discriminate against employees based on “race, color, religious creed, national origin, sex, gender identity, sexual orientation . . . genetic information or ancestry.” This language is taken from Massachusetts General Laws, chapter 151B, section 4, the Commonwealth’s main anti-discrimination law. All claims asserted under 151B must initially be filed with the Massachusetts Commission Against Discrimination (MCAD) for review.

While the 151B process appears straightforward, a wrinkle arose regarding “arbitration clauses” found in many employment agreements. Arbitration clauses usually state that any disputes arising from the employment relationship must be resolved through arbitration, which is a form of private dispute resolution, rather than through the courts or administrative [Read More…]

18 8, 2014

Citizen Suit Forces Georgia City to Clean Up Raw Sewage

By |2020-11-01T17:38:15+00:00August 18, 2014|Environmental Law, Race|

The Clean Water Act (CWA), passed in 1972, is one of America’s most important pieces of environmental legislation. The law regulates the release of pollutants into surface waters, and establishes federal enforcement authority. A key component of the CWA is the “citizens’ suit” provision which gives individuals the right to sue not only polluters themselves, but also the government for failure to exercise its enforcement authority.

The CWA’s citizens’ suit authority was recently invoked in a case out of Rochelle, GA, a de-facto segregated, rural, deep-south town. In Rochelle, the majority of the black population lives to the north of the railroad tracks, whereas the majority of white residents live south of the tracks. The city’s sewage system, like many in the [Read More…]

10 7, 2014

SJC Rules that Smell of Unburnt Marijuana DOES NOT Justify Warrantless Searches of Cars.

By |2020-11-01T17:38:15+00:00July 10, 2014|Criminal Justice, Marijuana Law|

The Supreme Judicial Court just released an important decision regarding the police’s ability to conduct warrantless searches of automobiles based on the smell of marijuana.

Some background: In 2008, Massachusetts voters decriminalized the possession of one ounce or less of marijuana. This meant that if you were caught with an oz. or less, you would be subject only to a $100 fine and would face no criminal charges. As a matter of Constitutional law, in order for police to conduct a warrantless search of a vehicle, they must have reasonable suspicion of criminal activity. In 2011, the SJC ruled that the smell of burnt marijuana alone was not sufficient to justify a warrantless search of a car. There, the SJC reasoned:

Given [Read More…]

1 7, 2014

Sullivan Courthouse/Jail Empty at Last

By |2020-11-01T17:38:15+00:00July 1, 2014|Criminal Justice|

Ever wonder why the Cambridge District Court is located in Medford?

Until 2008, the Cambridge District Court, Middlesex Superior Court, Middlesex District Attorney’s office and Middlesex county jail were all located in East Cambridge at the Edward Sullivan Courthouse. The building is well known locally for its distinctive red stripe on the 17th floor; the courts and DA’s offices were located below the stripe, and the jail was located “above the red.”

However, the building, dating from 1971, suffered from a whole host of problems common to such brutalist style structures from that era, including asbestos, malfunctioning elevators, inadequate HVAC and inoperable windows. The building was deemed “sick,” and the cost of repair untenable.

In 2008, the courts and DA vacated the property; the District court is now [Read More…]

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