1-1-1981
Table of Contents
Boston College Annual Survey of Massachusetts Law
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TABLE OF CONTENTS
CHAPTER 1
CoNTRACI'S AND CoMMERCIAL LAW
§ 1.1
§ 1.2
§ 1.3
§ 1.4
Contracts-Termination of At Will Employment Con-tract-Damages
Contracts-Joint Obligation or Joint or Several Obligation-Effect of Judgment for One Co-Obligor
Fraudulent Conveyances-Liability of Transferee Bank Deposits and Collections-Wrongful Dishonor
of Checks
CHAPTER2
CoRPORATIONS
§ 2.1 Fiduciary Duty-Minority Shareholders in Closely
1
7 20
28
Held Corporations 41
CHAPTER 3
DoMESTIC RELATIONS
§ 3.1 Divorce-Antenuptial Contracts Governing Alimony
or Property Rights S7
§ 3.2 Child Custody-Incarcerated Parent-Need for Court
Order 6S
§ 3.3 Child Custody-Parental Unfitness-.Minor's Wishes
Relevant 76
§ 3.4 Child Custody-Effect of Cohabitation by One
Parent 81
§ 3.S Separation and Divorce-Removal of Minor Children
from the Commonwealth by the Custodial Parent 86
§ 3.6 Visitation Rights-Conflict of Religious Instruction 94
CHAPTER4
REAL PROPERTY AND CoNVEYANCING
§ 4.1 Mortgages: "Due-on-sale" clause-Restraint on
§ 4.2 § 4.3
§ 4.4
§ 4.S § 4.6
§ 4.7
EVIDENCE
Condominiums-Declaration of Trust-Management Rent Control-Evictions for Condominium
Conversion Tidelands
Constitutionality of Common Law Tenancy by the Entirety
Inland Wetlands Act-Eminent Domain-Constitutional Law
Lis Pendens-Constitutional Law
CHAPTERS
§ S.l Prior Criminal Conduct-Impeachment-Judicial
102 lOS 108 113 116 117
Discretion 121
§ S.2 Rape Shield Statute-Impeachement-Right to Show
Bias 127
§ S.3 Intent-State of Mind Exception to the Hearsay Rule 132
CHAPTER6
WoRKMEN'S CoMPENSATION
§ 6.1 Aggravation of Prior Injury by Ten Years of Walking on Concrete Floor; Not Considered "Personal Injury" as a Matter of Law, but "Wear and
Tear" -Successive Insurers; First Liable 147 § 6.2 Policemen's Rights Under Chapter 41 Sections 100,
111F Not Exclusive Remedy, As Compared to Employee's Rights Under Chapter 1S2-Third Party
Impleader of Fellow Police Officer Not Barred lSI § 6.3 Third Party Suits; Wrongful Death Action Brought
By Adult Children, Not Dependents Under the Act-Not Binding Election on Widow and Dependent Children to Oaim Compensation for
Some Injury 1S2
§ 6.4 Wife's Third Party Suit for Loss of Consortium-Husband's Comparative Negligence-Defendant's
Counterclaim Against Husband in Wife's Suit 1S4 § 6.S Evidence-Employer's First Report, Whether
Admissible to Prove Employee's Prior Inconsistent Statements-Reference to Receipt of Workmen's Compensation Payments as Prejudicial in Third
§
6.6 Claim for Compensation, When Award Permitted for an Injury Without Prior Filing-IllegalDis-continuance, Costs Under
§
14, or Under§
12A 156§
6.7 Enforcement of Decision of Single Member in Superior Court, Despite Claim forReview-Attorney's Fees, Appeal 161
§
6.8 Procedure-Impartial Physician's Report-Discretionto Exclude Late-Filed Deposition 162
§
6.9 Legislative Amendments 164CHAPTER 7 LABOR AND EMPLOYMENT LAW
§
7.1 Introduction 167§
7.2 Standards in Mixed-Motive Discharge Cases 168§
7.3 Powers of the Labor Relations Commission and theCourts to End Public Employee Strikes 173
§
7.4 Age Discrimination in Employment 178§
7.5 Nondelegable Managerial Prerogatives of SchoolCommittees 181
§
7.6 The Role of the Courts in Teacher Dismissal Cases 185§
7.7 Strict Construction of Tenure Statute 187§
7.8 Reduction of Teaching Load and Salary of TenuredTeacher 189
§
7.9 Open Meeting Law 192CHAPTER 8 STATE AND LocAL GoVERNMENT
§
8.1 Introduction 197§
8.2 Jurisdictional Disputes Between the Commonwealthand the Cities and Towns 197
§
8.3 Exercise of Local Power 201 §8.4 Federal Supremacy 204 § 8.5 Who Runs the Railroad? 205 § 8.6 Testing Outside Sections of Appropriation Acts 208CHAPTER9 TRusTs AND EsTATES
§ 9.1 Effect of Institutional Investment Practice on Prudent
§ 9.2 § 9.3 § 9.4 §
9.S
§ 9.6 § 9.7 § 9.8
Notice of Allowance_;Conflict of Interest
Burden of Proof in Trustee's Claim Settlement_...Fees Construction of Trust Instruments-Effect of
Bankruptcy of Beneficiary
Termination of Trusts-Settlor's Intention Constructive Trust-Conflict of Laws ruegitim.ate Children-Right to Inherit from
Father-"Next of Kin" in Wrongful Death Aptions Statutory Development-Short Form Will and Trusts
CHAPTER 10
CoRRECTIONS AND PRisoNERS' R.IOHTS
21S 217 219 222 223 226 228
§ 10.1 Parole Eligibility-Aggregation of Sentences 231 § 10.2 Escape-Necessity 233 § 10.3 Involuntary Medical Treatment-Need for Cowlt
Order? 234
§ 10.4 Overcrowding-Executive and Judicial Powers 23S § 10.S Support of Prisoners 238
CHAPTER 11
ZoNING AND LAND USE
§ 11.1 Municipal Regulation of Billboards-Aesthetic
Zoning-Commercial Free Speech 239
§ 11.2 Zoning-Live Entertainment-First Amendment 244
§ 11.3 Zoning-Standing as a Person Aggrieved 249 § 11.4 Zoning-Implying Permitted Use 2S2
§ 11.S Zoning-Frontase Requirements 2SS
§ 11.6 Zoning-Constructive Approval of Special Pennit 2S6 § 11.7 Variances-Requirement of Detailed Record by
Zoning Board of Appeals-Removal of Condfitions
on Variance 2S7
§ 11.8 Vaqances and Special Permits-Requirements for
Reconsideration 261
§ 11.9 Subdivision Control-Cluster Zoning , 264
§ 11.10 Subdivision Control-Adequacy of Adjoining lmblic
Ways 267
§ 11.11 Historical Districts Act-Approval of Construction 270 § 11.12 Boards of Appeals-Relation to Planning Boar~s 271 § 11.13 Eminent Domain-Preclusive Effect of Prior !
CHAPTER 12
CoNSTITUTIONAL LAW
§ 12.1 Due Process-Public Funded Abortions 279
§ 12.2 Freedom of Religion-Adjudicating Church Property
Disputes 290
§ 12.3 Political Rights-Independent Candidates 296
§ 12.4 Seizure of the MBTA-Separation of
Powers/Inherent Authority of the Governor 300
§ 12.5 First Amendment-Public Access to Criminal Trials 305
§ 12.6 Preemption-Employee Benefit Plans 312
CHAPTER13
CRIMINAL LAW AND PROCEDURE
§ 13.1 Discriminatory Exercise of Peremptory Challenges 315
§ 13.2 Elements of Manslaughter-Omission 318
§ 13.3 Duplicitous Convictions 322
§ 13.4 Suppression and Exclusion of Evidence 324
§ 13.5 Plea Bargaining 326
§ 13.6 Warrantless Wiretaps 338
§ 13.7 Search and Seizure-Voluntary Consent to a Blood
Test 347
§ 13.8 Interracial Rape-Racial Prejudice-Voir Dire
Ques-tioning of Prospective Jurors 354
§ 13.9 Rape-Interspousal Immunity 361
§ 13.10 Carrying a F'rrearm Without a License-"Weapon" is
a Question of Law 369
§ 13.11 Unnatural and Lascivious Act-Public Place 375
§ 13.12 Duty of Appointed Counsel in Pursuing Appeals He
Deems Frivolous 379
CHAPTER14
CML PRACI'ICE AND PROCEDURE
§ 14.1 Appeals From Preliminary Injunctions
§ 14.2 Issue Preclusion
§ 14.3 Timeliness of Appeals
§ 14.4 Master Reports
§ 14.5 Power to Vacate Judgments
§ 14.6 Draft Reports
§ 14.7 Interlocutory Appeals
385 394
400
404
406
CHAPTER 1S
CoNSUMER LAW
§ 1 S .1 Introduction 41 S
§ 1S.2 Chapter 93A-Applicability of Pre-1979 Law 41S
§ 1S.3 Chapter 93A-Application of "In a Business
Context" 419
§ 1S.4 Chapter 93A-Attomeys' Fees 1 421
§ 1S.S Chapter 93A-Application of "Unfair or Deceptive" 422
§ 1S.6 Chapter 93A-Business Practice Defense 423
§ 1S.7 Chapter 93A-Application to Banks
42S
§ 1S.8 Consumer Cost Credit Disclosure 426
CHAPTER16
STATE AND LOCAL TAXATION
§ 16.1 Real Estate Taxation-Disproportionate Assess~t
§ 16.2 Proposition 2 112-Introduction-Decisional Law
§ 16.3 Personal Income Taxes-Graduated Tax ·
§ 16.4 Property Taxation-Manufacturing Exemptions '
§ 16.S Corporate Income Tax-Rental Income
§ 16.6 Corporate Excise Tax-Relation to Federal Law J
§ 16.7 Real Property-Charitable Organization Exempt~on
§ 16.8 Sales and Use Taxes
§ 16.9 Privacy-Tax Records
§ 16.10 Practice Before the Appellate Tax Board
43S
440
448 449
4S2
4S3
4S6
4S8
462
