Administrative Law

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

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 and House of Representatives (the […]

The Push and Pull of Municipal Fossil Fuel Bans in Massachusetts

In 2019, Brookline, Massachusetts became the first municipality outside of California to ban fossil fuels in new construction.  The move was part of a growing movement among cities and towns to ban fossil fuel infrastructure, such as hookups for oil or natural gas use, in newly constructed buildings.  Fossil fuel bans of this nature typically […]

Emergency Opportunity: Legislating Away Roe v. Wade During the Coronavirus Pandemic

The coronavirus pandemic has disrupted American life, challenging mental health, physical health and the economic infrastructure of the country. Though a pandemic inherently creates adversity, one struggle that we may not have anticipated to escalate so dramatically during this time is the fight for reproductive rights. Just before the pandemic, conservative legislators and pro-life groups […]

Should Foster Parents Unionize?

Foster care reform rarely makes it into dinner-table discussions of hot political happenings, but Massachusetts State Representative Tricia Farley-Bouvier of the Berkshires may change that with two bills she introduced this session: one creates a Foster Parent Bill of Rights, and the other allows foster parents to collectively bargain– raising the specter of a foster […]

Wearables and the FDA: Lessons from the COVID-19 Pandemic

When the COVID-19 pandemic upended the entire world in March 2020, many industries were thrown in chaos. With the limitations on capacity in gyms across many states, technologies such as the Apple Watch or Fitbit (collectively called “Wearables”) became increasingly popular. Wearables are devices that track activities and record information about the person’s movements using […]

Fighting the Federal Government: California’s Mission to Stop Environmental Rollbacks

In July of 2020, California passed the historic Clean Trucking Rule, the first of its kind in the world. The rule requires manufacturers to sell increasing percentages of zero-emission trucks in the state. While many have applauded the action, the Trump administration was not a fan of the rule. California and the Trump administration have […]

What Never Was: The Indigenous American Cultural Heritage Repatriation Problem

The unfortunate beginnings of the fetishization of Indigenous American cultural heritage occurred concurrently with the systematic disenfranchisement of Native Americans throughout the United States. These events led to the amassing of millions of Indigenous American cultural heritage objects in federal repositories, museums, and private collections by the early twentieth century. Concurrently, archaeologists and anthropologists, largely […]

Telehealth in the Era of COVID-19 and Beyond

Governor Charlie Baker of Massachusetts has recently issued an Order Expanding Access to Telehealth Services and to Protect Health Care Providers. The order, issued in March, is a public health response to the state’s state of emergency due to the Coronavirus or COVID-19 outbreak. Under the order, the Group Insurance Commission, all Commercial Health Insurers, […]

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