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Massachusetts Law Review

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Massachusetts Law Review
TitleMassachusetts Law Review
DisciplineLaw
LanguageEnglish
CountryUnited States
FrequencyQuarterly
History1919–present
Issn0025-1234

Massachusetts Law Review is a legal periodical associated with Massachusetts legal scholarship and practice. It publishes articles, notes, and comments on state and federal jurisprudence, engaging topics from constitutional interpretation to administrative regulation. The Review connects scholars, judges, practitioners, and students across institutions such as Harvard Law School, Boston University School of Law, Suffolk University Law School, Harvard Kennedy School, and Massachusetts Institute of Technology.

History

The Review traces origins to post-World War I legal reform movements linked to figures from Progressive Era networks, the American Bar Association, the Massachusetts Bar Association, and reformers who participated in the Federal Reserve Act debates and the Clayton Antitrust Act discussions. Early editors corresponded with justices of the Supreme Judicial Court of Massachusetts, clerks to judges from the United States Court of Appeals for the First Circuit, and academics active at Harvard Law School and Yale Law School comparative projects. Over decades the Review covered landmark events such as the Scopes Trial aftermath in legal pedagogy, the impact of the New Deal on state regulation, the Civil Rights Act of 1964 litigation in state courts, and responses to decisions from the Supreme Court of the United States including Brown v. Board of Education and Miranda v. Arizona. Editorial changes paralleled curricular reforms at institutions like Boston College Law School and collaborations with research centers such as the Massachusetts General Hospital legal-ethical clinics and the John F. Kennedy School of Government.

Scope and Content

The Review addresses diverse areas including Constitution of the United States interpretation within Massachusetts practice, Massachusetts Constitution litigation, First Amendment to the United States Constitution claims, Fourth Amendment to the United States Constitution search and seizure doctrine in state courts, and Fourteenth Amendment to the United States Constitution equal protection analyses. It publishes doctrinal pieces on Antitrust law in the United States, Securities Exchange Act of 1934 enforcement, and state responses to Affordable Care Act implementation. Empirical and interdisciplinary work engages institutions such as Harvard Medical School ethics committees, municipal governments including Boston, Massachusetts, regulatory bodies like the Securities and Exchange Commission, and nonprofit organizations such as the American Civil Liberties Union. Comparative and international perspectives reference tribunals like the International Court of Justice, treaties like the Treaty of Paris (1898), and foreign courts including the Supreme Court of Canada and the European Court of Human Rights.

Publication and Editorial Process

The Review operates on an editorial model combining law students from programs at Harvard Law School, Boston College Law School, and Suffolk University Law School with advisory input from faculty affiliated with Harvard Law School clinics, judges from the United States District Court for the District of Massachusetts, and practitioners from firms such as Ropes & Gray, Goodwin Procter, and Mintz Levin. Submission procedures reference article selection norms found in periodicals like the Yale Law Journal, the Harvard Law Review, and the Columbia Law Review. Peer commentary sessions have featured guests from the Massachusetts Attorney General’s office, the Office of the Governor of Massachusetts, and visiting scholars from Stanford Law School, University of Chicago Law School, and New York University School of Law.

Notable Articles and Contributors

Contributors have included judges from the Supreme Judicial Court of Massachusetts, clerks who later served on the United States Supreme Court, academics from Harvard Law School, Yale Law School, and Columbia Law School, and practitioners involved in cases such as Commonwealth v. Hunt-era labor litigation analogues and modern disputes invoking Roe v. Wade reasoning. Articles analyzing criminal procedure cited precedents like Gideon v. Wainwright and Mapp v. Ohio while pieces on corporate law engaged outcomes in United States v. Microsoft Corp. and SEC v. W. J. Howey Co.. Symposia have featured speakers from the American Bar Foundation, the Brennan Center for Justice, and the Federalist Society.

Influence and Reception

The Review’s articles have been cited by judges on the United States Court of Appeals for the First Circuit, referenced in briefs before the Supreme Court of the United States, and relied upon in administrative rulemakings at the Securities and Exchange Commission and the Environmental Protection Agency. Scholars from Harvard Law School, Yale Law School, University of Pennsylvania Law School, and Georgetown University Law Center have critiqued and extended its work. The Review’s symposia influenced policy discussions at the Massachusetts State House, congressional staff briefings on Capitol Hill, and public-interest litigation coordinated with organizations such as Public Citizen.

Access and Indexing

The Review is available in print and through repositories and databases including the HeinOnline archive, LexisNexis, Westlaw, and library catalogs of institutions like Harvard University, Boston Public Library, and the Library of Congress. Institutional subscriptions are held by law schools such as Harvard Law School, Boston University School of Law, Northeastern University School of Law, and court libraries serving the United States District Court for the District of Massachusetts.

Category:Law journals