On Remand

On Remand

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On Remand episodes

  • Prof. Potpourri: Eldred's Ethics

    Join Professor Tigran Eldred to discuss his work in behavioral legal ethics. 

    Professor Eldred's scholarship in this area was cited in a landmark legal ethics decision, United States v. Kentucky Bar Association. In addition, he blends this area into his Ethics class at New England Law. Professor Eldred explains the topic, the effect behavioral legal ethics has on lawyers, the United States v. Kentucky Bar Association decision, and his work integrating this field into the classroom. You can learn more at the blog which Professor Eldred coauthors.

    19 min
  • Commonwealth v. Vacher

    Today, we are discussing a recent Mass. Crim. Digest blog post on Commonwealth v. Vacher, decided August 14, 2014. 

    The Mass. Crim. Digest, formerly known as the Massachusetts Criminal Digest, was the New England Law Review’s online case-summary database that provided citable, straightforward summaries of recent criminal law cases decided by the Massachusetts Supreme Judicial Court, or SJC. 

    In 2014 the Mass. Crim. Digest was retired, though summaries of cases decided by the SJC under Articles 12 and 14 of the Massachusetts Declaration of Rights are still provided through our editor blog. We are joined by a Volume 49 Comment and Note Editor, Catherine Flaherty, to discuss her Mass. Crim. Digest blog post about Commonwealth v. Vacher, 469 Mass. 425.

    9 min
  • Bruce Sunstein on Patent Eligibility
    Today, we are joined by Bruce Sunstein, founder and partner at Sunstein Kahn Murphy & Timbers, LLP, to discuss his forthcoming article “How Prometheus Has Upended Patent Eligibility: An Anatomy of Alice Corp. v. CLS Bank.” His Article discusses the Supreme Court’s recent decision in Alice Corp. v. CLS Bank, in which the Court ruled on the patent-eligibility of computer-related inventions, clarifying confusion of the application of the Court’s 2012 Mayo v. Prometheus decision to these inventions. Attorney Sunstein asserts, among other things, that the Alice Court disregards deeply ingrained principles of patent law in its approach to patent eligibility doctrine by considering patent claims generally, rather than addressing claim limitations rigorously. He further criticizes the Alice decision for misconstruing precedent and working against the goals of the patent system.
    29 min
  • Jurisprudence Beyond Sexual Desire
    Today, we are joined by Louisa Gibbs, the New England Law Review’s former Executive Online Editor and a recent graduate of New England Law | Boston, to discuss her Comment entitled “EEOC v. Boh Brothers Construction Co.: Expanding Same-Sex Sexual Harassment Jurisprudence Beyond Sexual Desire,” which will be published in Volume 48, Book 4. Her Comment discusses the Fifth Circuit’s EEOC v. Boh Brothers Construction Co. decision, in which the court found the evidence sufficient to establish Title VII same-sex sexual harassment based on sex stereotyping. She argues that although the Fifth Circuit was ultimately correct, the Court was incorrect in failing to utilize its sister circuits’ views in the decision and, instead, simply focusing on the evidence. She argues that the Fifth Circuit’s analysis would have been much stronger had it addressed or even acknowledged that the Sixth and Ninth Circuits have strong arguments supporting and opposing same-sex sexual harassment. In its shortcomings, the Fifth Circuit therefore failed to provide adequate judicial protections for men subject to same-sex sexual harassment.
    15 min
  • Prof. Potpourri: the Right to Assembly
    Today, we are joined by Professor Steven Morrison, a Visiting Professor of Law at New England Law | Boston, to discuss his two latest pieces of scholarship. The first entitled “Brandenburg for Groups,” which seeks to recover the right to assembly as a core First Amendment right and proposes a test that would protect group activity. The second is entitled “The Membership Crime Origin of the Frist Amendment” and provides a historical overview of the World War 1 era during which time the First Amendment protected the right to assembly the same as it protected speech.
    17 min
  • Interview with Professor Morrison on the Right to Assembly

    Today, we are joined by Professor Steven Morrison, a Visiting Professor of Law at New England Law | Boston, to discuss his two latest pieces of scholarship. The first entitled “Brandenburg for Groups,” which seeks to recover the right to assembly as a core First Amendment right and proposes a test that would protect group activity. The second is entitled “The Membership Crime Origin of the Frist Amendment” and provides a historical overview of the World War 1 era during which time the First Amendment protected the right to assembly the same as it protected speech.

    17 min
  • Prof. Potpourri: Taxation and eCommerce
    We are joined today by Professor Natasha Varyani, faculty fellow of New England Law | Boston, to discuss her latest piece of scholarship entitled “Taxing Electronic Commerce: The Efforts of Sales and Use Tax to Evolve with Technology,” which explores the imposition of sales tax to online retailers and how those online retails, particularly Amazon.com, appear to support this move.
    15 min
  • Prof. Potpourri: Trademark Propertization
    We are here today with Professor Peter Karol of New England Law | Boston to discuss his latest piece of scholarship entitled “The Constitutional Limitation on Trademark Propertization,” which explores whether the federal government has the constitutional authority to propertize trademark law.
    13 min
  • Commonwealth v. Horne
    The defendant, Daniel Horne, was convicted by a Superior Court jury of second-degree murder, possession of ammunition without proper firearm identification (“FID”), and two separate counts of unlicensed carrying of a rifle in an unpermitted area. The defendant appealed, arguing for reversal of his convictions due to the numerous errors that occurred at trial. The Supreme Judicial Court of Massachusetts (“SJC”) vacated and set aside the conviction of second-degree murder, but affirmed the other convictions.
    10 min
  • Measuring Judicial Productivity: Symposium Summaries
    Learn more about the New England Law Review's Fall symposium "Benchmarks: Evaluating Measurements of Judicial Productivity" to be held at New England Law | Boston all day on November 8, 2013. Discussing the symposium, we have Professor Jordan Singer of New England Law | Boston. He co-authored with the Honorable Judge Young of the U.S. District Court the two articles that inspired the symposium. We also have Volume 48 Symposium Editor Kristen Muller.
    15 min

About On Remand

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Welcome to On Remand: the official podcast of the New England Law Review--a student-run organization that produces the flagship publication of New England Law | Boston in Massachusetts. Featuring…