Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Yearly Archives: 2006

SJC Same-Sex Marriage Decision: Cannot Compel Legislature to Vote Posted on Dec 27

Earlier today, in the case of Doyle v. Secretary of the Commonwealth, the SJC determined that while the legislature had a duty to vote on a proposed constitutional amendment, the court lacked the authority to compel them to do so. The opinion said, in part:   …Continue Reading SJC Same-Sex Marriage Decision: Cannot Compel Legislature to Vote

Same-Sex Partner Denied De Facto Parent Status Posted on Dec 22

The Supreme Judicial Court ruled earlier this month in A.H. v. M.P. that a woman who never adopted the child of her same-sex partner, “although she was well aware of the importance of doing so,” and was not the primary caretaker for the child, did   …Continue Reading Same-Sex Partner Denied De Facto Parent Status

Web Ads Alone Don’t Confer Jurisdiction Posted on Dec 21

In Roberts v. Legendary Marine Sales, the SJC ruled earlier this month that general advertising on the web, not aimed specifically at Massachusetts residents, does not, by itself, confer personal jurisdiction over the advertiser. The court ruled that a Florida boat dealer who advertised a   …Continue Reading Web Ads Alone Don’t Confer Jurisdiction

Same-Sex Marriage Amendment Posted on Nov 8

The Massachusetts legislature is set to convene a constitutional convention tomorrow to take up the issue of a constitutional amendment prohibiting same-sex marriage. If 25% of legislators approve the amendment in two consecutive constitutional conventions, it will be put to the voters in 2008. The   …Continue Reading Same-Sex Marriage Amendment

Needle Sales Posted on Aug 22

The legislature overrode the Governor’s veto last month and passed a new law (St.2006, c.172) allowing the sale of hypodermic needles without a prescription beginning September 18. According to the New Bedford Standard-Times, “Massachusetts becomes the 48th state in the nation to decriminalize the possession   …Continue Reading Needle Sales

Good Samaritan Laws Posted on Aug 16

There are several laws in Massachusetts insulating those rendering aid from liability, but no law requiring a bystander to provide assistance. Separate statutes free EMS personnel, physicians and nurses, and the general public trained in CPR from personal liability. Many sources suggest that Massachusetts has   …Continue Reading Good Samaritan Laws

You have the right to remain seated… Posted on Jul 13

Cingular has reached a compromise with employees who were angered that management had taken away their seats in stores and was requiring them to stand. An obscure Massachusetts law, MGL c.149, s.103, may have saved their chairs. Originally written to protect “women or children” in   …Continue Reading You have the right to remain seated…

Massachusetts Tough on Fireworks Posted on Jun 29

The Department of Fire Services reminds us once again that all fireworks are illegal in Massachusetts without a license. Their brochure, Be Smart: Leave Fireworks to the Professionals, contains frightening statistics about the number of burn injuries caused by fireworks, as well as the reminder   …Continue Reading Massachusetts Tough on Fireworks

The Brothel Myth Posted on Mar 15

We are often asked to produce the law or ordinance which prohibits more than a certain number of unrelated females from living together, as such an arrangement would be considered a brothel. As far as we can determine, no such law exists, but apparently the   …Continue Reading The Brothel Myth

Suffolk County Law Library Access Questioned Posted on Feb 13

An article in Sunday’s Boston Herald, Exclusive bru$h with the law: New library closed to the public, questions the money spent on the Social Law Library, a private law library located within the new John Adams Courthouse. “The Social Law Library, which occupies 82,000 square   …Continue Reading Suffolk County Law Library Access Questioned