Law, Legislation & Policy

Housed at Boston University School of Law, Dome is a valuable resource for news, analysis, and opinion on legislation and public policy. Dome is staffed by students of BU Law’s various legislation clinics. Dome features work contributed by staff members, scholars, practitioners, and law students interested in legislation and public policy.

A Legal Tug-of-War between the Massachusetts State Auditor and the Legislature

By Abigail Rooney
April 5th, 2024 in Administrative Law, Analysis, Legislative Operations, State Legislation.

The Commonwealth of Massachusetts finds itself at a constitutional crossroads as the legal tug-of-war unfolds between the State Auditor and the Legislature. In August 2023, the Massachusetts State Auditor, Diana DiZoglio, sent a letter to Attorney General Andrea Campbell stating she was conducting an audit of both the Massachusetts Senate... More

Evaluating Massachusetts’ Tax Lien Foreclosure Laws Post Tyler v. Hennepin County

By eleghorn
January 26th, 2024 in Civil Litigation, Housing Law, Legislation in Court, State Legislation.

Last term, in Tyler v. Hennepin County, the Supreme Court ruled Minnesota’s tax lien foreclosure scheme unconstitutional, in violation of both the Fifth Amendment’s Takings Clause and the Eighth Amendment’s Excessive Fines Clause. Minnesota is one of twelve states, in addition to the District of Columbia, with tax lien foreclosure... More

Running Out of Room: The Right to Shelter in Massachusetts

By hubbardj
January 26th, 2024 in Budget & Appropriations, Housing Law, Local Legislation, State Legislation.

On August 8, 2023, Massachusetts Governor Maura Healey declared a state of emergency  because state resources were insufficient to comply with the Commonwealth's right to shelter law. Although the law has been in place for 40 years, a rapid increase in the number of people requesting shelter and the declaration... More

The Idiosyncrasies of Imbler: Absolute Immunity for Prosecutors Makes Absolutely No Sense

By wbockiv
January 26th, 2024 in Criminal Law, Federal Legislation, Legislation in Court.

Supreme Court Justice Robert H. Jackson once observed that: “The prosecutor has more control over life, liberty, and reputation than any other person in America.” But with great power does not necessarily come great responsibility. When prosecutors present fabricated evidence and false testimony, make false statements, suborn or coerce perjury, More

Massachusetts Broker’s Fees: Reasonable Service or Market Manipulation?

By mikestg
January 26th, 2024 in Housing Law, Lobbying, Local Legislation, State Legislation.

In 2023 Massachusetts established the Executive Office of Housing and Livable Communities with an eye toward creating more housing in the state, which, like many across the country, is suffering a housing shortage. Some estimates suggest that Massachusetts will require between 125,000-200,000 additional housing units by the end of the... More