Member Articles

Spencer K. Schneider, UMass Law Review’s Technology Editor recently had his article published in the National Lawyers Guild Review. Check out his abstract below and click here to read the full article!

THE WHEELS ON THE BUS: THE STATUTORY SCHEMES THAT TURN TRAFFIC TICKETS INTO FINANCIAL CRISES

Forty-three states have, or previously had, some version of a driver’s license suspension program. These programs are shown to have disastrous financial effects on the lives of those who cannot afford the fines inherent in them. Challenges to such license suspension schemes have been brought throughout the United States but have been largely unsuccessful. Where relief ultimately may be found is in state legislatures or city governments. When those bodies discover that, although these programs are in fact valid and constitutional, many of them have such detrimental and long-term impacts on so many citizens, they ultimately result in more harm than good. This realization has led many states to experiment with changes to, or repeals of, their driver’s license suspension programs with varying success. However, many states still rely on the fines levied by these programs and there is a legitimate argument that the programs are imposed to keep dangerous drivers off the street. Ultimately, this is an issue that arose from legislation and, despite finding its way into the court system, must be solved with legislation.

Articles from Volume 15, Issue 2 (2020)

UMass Law Review’s latest issue features articles from Garry A. Gabison and Charles W. Collier.

Garry A. Gabison is a Lecturer of Law, Economics & Regulations at Queen Mary University of London Centre for Commercial Law Studies. His article examines the First Sale Doctrine and its implications on the textbook market. Here is his abstract.

This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by the Kirtsaeng decision and finds that the price of textbooks increased between 2001 and 2018 but not more rapidly or slowly after the decision. In other words, the decision may not have had any effect (yet).

Click here to read the whole article.

Meet the E-Board

Spencer K. Schneider: Technology Editor

Spencer K. Schneider ’21 is a 3L student and Technology Editor of the UMass Law Review.  At UMass Law, he has worked as the Torts Teaching Assistant for Chancellor Professor Peltz-Steele and Professor Danya Reda. Prior to law school, Spencer worked in kitchens and trained boxers, and gained investigative experience in the public defenders office. 

Spencer has published a short case study in the International Journal of Procedural Law and an article on State Driver’s License Suspension statutes in the National Lawyers Guild Review. He is currently working on an article on insider trading among members of Congress. 

In addition to law school and legal work, Spencer enjoys climbing, backpacking, trail-running, and surfing.  

Meet the E-Board

Abigail Peckham: Editor-in-Chief

Abigail Peckham ’21 is a 3L full-time day student and Editor-in-Chief of the UMass Law Review. After graduating from Providence College with a BA in Spanish and an Associate Degree in Business, she decided to put her degree to use—as a bartender. Two years, a thousand mojitos, and one moving van later, she returned to Rhode Island to work with commercial and construction industry arbitrations and mediations at the American Arbitration Association. Law school has been the most recent chapter in her commitment to accountability, fairness, and giving back to her community. 

After graduation Abigail hopes to engage in meaningful work with a focus on community development, accessible legal education and affordable representation. In 2019, a legal internship with the Massachusetts’ Attorney General’s Office laid the groundwork for her career plans. She currently interns at an intellectual property firm that focuses on actualizing client business goals through a wholistic approach. She also works as a teaching assistant for Contracts Professor Jeremiah Ho. Her research and scholarship as a member of UMass Law Review has focused on the philosophical limitations of the law as applied to fundamental freedoms and individual identity. 

            Abigail currently lives in Rhode Island where she loves paddle boarding, is an avid gardener, yoga practitioner, and a dog-cat-chicken mom. 

Meet the Team:

Laura Trevino: Lead Editor

Laura Trevino ’21 is a 3L student and a Lead Articles Editor of the UMass Law Review. Prior to law school, she majored in psychology at Excelsior College. Laura worked as a licensed insurance agent in Alaska for 11 years before serving three years in the U.S. Army, where she discovered her love of the law. Laura loves volunteering her time and contributing to local food banks and Christmas charities. 

In addition to attending law school, Laura has completed summer internships with the U.S. Navy Judge Advocate General Corps at Naval Station Newport in 2019 and the Appellate Division of the Mental Health Litigation Department with the Committee for Public Counsel Services in 2020. As a member of the UMass Law Review, Laura’s independent scholarly work has focused on Mental Health law, more specifically the civil rights of those deemed incompetent.

Upon graduating, Laura has accepted a position with the Honors Program with the IRS Office of Chief Counsel, Small Business/Self Employment division in Oklahoma City. 

Laura is currently settling into a new home in Oklahoma with her 13-year-old son and best friend, Nicholas, and their four dogs. 

Laura has also written about the due process requirements of children in private residential treatment centers. Click here to learn more.

Meet The E-Board

Jocelyn Frawley: Managing Editor

Jocelyn Frawley is a part-time evening student in her fourth and final year and a Managing Editor for the UMass Law Review. Jocelyn moved to Massachusetts five and a half years ago after competing her Master’s Degree in Psychology from the University of Arizona. She accepted a position as the newly created Equal Opportunity/Title IX Investigator at Bridgewater State University handling allegations of discrimination, harassment, sexual violence, relationship violence, and stalking. Jocelyn is currently the Director of Equal Opportunity/Title IX Coordinator at Bridgewater State University and is proud to protect the civil rights of the campus community members. 

Jocelyn is a Public Interest Law Fellow and selected the University of Massachusetts School of Law for its dedication to public service. Jocelyn has been the Teaching Assistant for Legal Skills I and II for Professor Baker and Professor Rice and for Professor Connelly’s Criminal Law course. She was also a research assistant to Professor Dunlap on her article on faculty responsible employees under Title IX. Jocelyn will serve as a judicial intern to the Honorable Justice Cypher of the Massachusetts Supreme Judicial Court in her final semester. 

After graduation, Jocelyn plans to build a career in public interest law and continue advocating for the rights of others.

Member’s Articles

Our own Managing Editor, Shareefah Taylor’s article on labeling regulations for Plant-Based Meat Alternatives was recently published in the UMass Law Review. Take a look at her abstract below and follow this link to read the whole article.

https://scholarship.law.umassd.edu/umlr/vol15/iss2/3

Abstract

Due to technological advances and the rise in popularity of plant-based meat alternatives (i.e., Beyond Meat, the Impossible Burger, etc.), nearly thirty states have proposed or enacted legislation to limit which foods can be labeled with terms that have traditionally been used to describe products derived from animal carcasses (i.e., meat, burger, sausage, etc.). Fueled in many places by the cattle industry, the states’ legislation proposes stricter guidelines than the federal counterparts in an attempt to specifically prohibit plant-based, cell-based (lab-grown meat), and even insect-based products from being labeled in meat-associated terms. To date, lawsuits have been filed by opponents to the enacted laws in three states (Missouri, Arkansas, and Mississippi), challenging the laws as unconstitutional on First and Fourteenth Amendment grounds. All lawsuits are currently pending at the time of this writing. This Note will use the recent litigation regarding the “dairy wars” (i.e., lawsuits regarding laws that limit almond/soy/non-dairy beverages use of the term “milk”) as a parallel comparison to the “meat wars,” and proposes a potential resolution to the labeling of plant-based meat alternatives dispute that allows those products to continue using meat-related terms by amending federal guidelines.