1-1-1977
Table of Contents
Boston College Annual Survey of Massachusetts Law
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TABLE OF CONTENTS
CHAPTER 1
DOMESTIC RELATIONS
§1.1 Divorce-Modification of Support Obligation-Effect of Separation of Agreements 3 §1.2 Divorce-Alimony and Assignment of Property 7 §1.3 Divorce-Personal Jurisdiction over Disputes
Arising Out of Separation Agreements-Long-Arm
Statute 13
§ 1.4 Child Custody-Visitation Rights 16 §1.5 Psychiatric Records-Access by
Parent-Attor-neys-Consent Requirements 17
CHAPTER 2
WORKMEN'S COMPENSATION
§2.1 Introduction 20
§2.2 Superior Court Enforcement of Orders Following Conferences Under Section 7-Exhaustion of Admin-istrative Remedies-Costs and Attorney's Fees 20 §2.3 General Employer, Special Employer Relation Under
1969 Amendment-Presumption of General Em-ployer's Liability for Payment of Compensation 25 §2.4 Death Benefits-Proof that Death was Work-Related
-Effect of Prior Adjudication 27
§2.5 Benefits for Total or Partial Incapacity-1976
Legis-lative Enactment 29
CHAPTER 3
TRusTs AND EsTATEs
§3.1 Charitable Trusts-Construction-Conditions on
Be-quest to a Religious Society 33
§3.2 Charitable Trusts-Construction-Limitations on Fi-nancial Assistance-"Young Men" 35
§3.3 Charitable Trusts-"General Charitable Intent" 37 §3.4 Charitable Trusts-Filling Vacant Trusteeships-Role
of the Attorney General 39
§3.5 Probate-Final Decrees-Basis for Vacation-Peti-tions in the Nature of Bills of Review 40 §3.6 Trusts-Suits for Trustee's Alleged Breach of
Fidu-ciary Duty-Res Judicata 42
§3.7 Trusts-Powers of Appointment-Prospective Adop-tion of Rule 358(e) of the Restatement of Property 44 §3.8 Rights of Holders of Notes Against a Guarantor's
Estate-Statute of Limitations~Matured and
Un-matured Claims 46
§3.9 Wills-Illegitimate Children as Omitted Heirs-Equal
Protection 48
§3.10 Lost Will 50
§3.11 Trusts-Allowability of Charges of Attorney-Trustee 50
§3.12 Omnibus Probate Bill 53
CHAPTER 4
EMPLOYMENT DISCRIMINATION
§4.1 Introduction 62
§4.2 Employment Discrimination Statutes 62 §4.3 Employment Discrimination-Standards of
Proof-Rebutting a Prima Facie Case 65
§4.4 Remedial Power of the Commission-Attorneys' Fees
-Damage for Emotional Distress 69
§4.5 Investigatory Power of the Commission-Subpoenas
Duces Tecum 73
CHAPTER 5
TORTS
§5.1 Introduction 76
§5.2 Standard of Care of Landlord-Duty to Tenant's
Visitors 76
§5.3 Evidence-Libel-Instructing the Jury on the Mean-ing of Clear and ConvincMean-ing Proof in Libel Cases 80 §5.4 Recovery for Intentional Infliction of Emotional Harm
without Resulting Physical Injury-Recovery for
Loss of Consortium 82
§5.5 §5.6 §5.7 §5.8 §5.9 §5.10
Negligence of Parking Garage Operator Negligence-Foreseeability of Harm
Negligence-Prima Facie Case-Automobile Colli-sions
Choice of Law-Abandonment of Lex Loci Delictus Rule-Abolition of Interspousal Immunity-Re-troactivity
Informed Consent
Evidence-Admissibility of Subsequently Issued Owner's Manual-Admissibility of Computer Sim-ulation of Automobile Accident
CHAPTER 6
STATE AND LocAL GovERNMENT
85 87 88 89 94 97
§6.1 Powers of Local Governments: Home Rule Amendment 101 §6.2 Intercommunity Contracts: Notice Provision of
Chap-ter 40A 103
§6.3 Limitations on Municipal Action: Conditions on Zon-ing Permits: Home Rule Amendment 104 §6.4 Separation of Powers: Power of Superior Courts: Pay
Increases for Court Personnel 106 §6.5 Rights of Public Employees: Arbitration 107 §6.6 Public Records: Police Investigative Reports 112
STUDENT COMMENT
§6.7 Elections: Independent Candidate Ballot Access:
McCarthy v. Secretary of the Commonwealth 114
CHAPTER 7
EVIDENCE
§7 .1 Legislation-Admissibility of Evidence of Sexual Con-duct of Victim in Sexual Assault and Rape Cases 130 §7.2 Admissibility of Deposition Against Party Joined
After Deposition Was Taken 132
§7 .3 Photographs of Homicide Victims-Abuse of Discre-tion Where Gruesome Injuries Are Not Attributable
to Defendant 137
CHAPTER 8
STATE AND LOCAL TAXATION
§8.1 Introduction 139
§8.2 Administration of Taxes: Legislation: Passage of
Chapter 62C 139
§8.3 Property Tax: Judicial Developments: Exemption from Tax for Manufacturing Corporations 141 §8.4 Property Tax: Judicial Developments: Other
Exemp-tions 143
§8.5 Property Tax: Judicial Developments: Procedure 144 §8.6 Property Tax: Legislative Developments 146 §8.7 Personal Income Tax: Legislation 147 §8.8 Personal Income Tax: Judicial Developments 148 §8.9 Estate and Inheritance Taxes: Legislation 149 §8.10 Estate and Inheritance Taxes: Judicial Developments:
Election of Itemized Deductions under § 27 of G.L.
c. 65 151
§8.11 Bank Excise Tax: Judicial Developments 152 §8.12 Sales and Use Taxes: Judicial Developments 154 §8.13 Corporation Excise Tax: Legislative Developments 157 §8.14 Practice and Procedure on Appeal: Judicial
Developments: Declaratory Actions 158
CHAPTER 9
PROPERTY AND CoNvEYANCING
§9.1 Landlord and Tenant-Breach of Covenant of Quiet Enjoyment Resulting from Acts of Tenants 160 §9.2 Sale of Real Estate-Deceit-Accrual of Cause of
Action 164
§9.3 Real Estate Tax Exemptions-Tenancy by the
En-tirety 167
§9.4 Deeds-Land Abutting a Way 170
§9.5 The Generation Skipping Tax-Is There a Need for the Rule Against Perpetuities? 173
CHAPTER 10
CONSTITUTIONAL LAw
§10.1 §10.2 §10.3 §10.4 . §10.5
Obscenity Statute-Constitutionality-Construction Libel-Standard of Proof
Corporate First Amendment Rights Abortion Statute-Construction
Abortion-Commonwealth v. Edelin
§10.6 §10.7
Omitted Child Statute-Constitutionality Sunday Closing Laws-Equal Protection
CHAPTER 11
CIVIL PRACTICE AND PROCEDURE
216 220
§11.1 Rule 15: Amendment of Pleadings: Judge's Discretion 225 §11.2 Personal Jurisdiction: Long Arm Statute:
"Trans-acting Business" 227
§11.3 Statute of Limitations: Misrepresentation: Accrual:
Time of Discovery 229
§11.4 Statute of Limitations: Nonresident Defendants 232 §11.5 Appeals from Interlocutory Orders: General
Unavail-ability 233
§11.6 Housing Court: Jurisdiction 236
§11.7 Impoundment: Non-party Challenge to Order:
Newspapers 238
§11.8 Interrogatories: Failure to Answer Properly: Sanctions 240 §11.9 Summary Judgment: Sufficiency of Affidavits 241
CHAPTER 12
CONSUMER LAW
§12.1 Public Enforcement of Chapter 93A-Investigative Powers of the Attorney General-Civil Investigative
Demands 244
§12.2 Unfair or Deceptive Acts or Practices 248
§ 12.3 Procedure 251
§12.4 Legislation-Truth-In-Lending-Amendments 252 §12.5 Legislation-Anti-Flipping Amendments 255 §12.6 Erroneous Billing-Interaction of Federal and State
Standards 257
§12.7 Legislation-Repossession of Motor Vehicles-Notice 257 §12.8 Legislation-Balance on Open End Credit Plans 258 §12.9 Legislation-Mobile Home Advertising 259
CHAPTER 13
CoNTRACTS AND CoMMERCIAL LAw
§13.1 Check Endorsement: Liability of Authorized
Repre-sentatives 260 5
§ 13.2 Negotiability of Postdated Check: Accelerability 264 § 13.3 Revocation of Acceptance: Effective Notice 266 §13.4 Construction Bonds: Timely Filing of Claim: Actual
Use of Materials 270
§13.5 Fair Trade Repealed 275
§13.6 Small Business Purchasing Program 276 §13.7 Automated Banking Facilities for Credit Unions 277
§13.8 Real Estate Loans 277
§ 13.9 Other Banking Statutes 278
CHAPTER 14
CRIMINAL LAw AND PROCEDURE
§14.1 Prosecutor's Opening Statement: Anticipated
Evi-dence 279
§14.2 Prosecutor's Closing Arguments 280 §14.3 Alibi Defense: Disclosure by Defendant 288 §14.4 Voluntariness of Confessions and Admissions 290 §14.5 Double Jeopardy: The "Same Transaction" Rule
Re-jected 295
§14.6 The Massachusetts "Speedy Trial Statute": General
Laws c. 277, § 72A 297
§14.7 Interrogation of Witnesses by the Trial Judge 299
§14.8 Assistance of Coun~el 300
§14.9 Exclusionary Rule 303
CHAPTER 15
ZoNING AND LAND UsE
§15.1 Racially Discriminatory Intent: Claimed Violation of 14th Amendment and Fair Housing Act of 1968 305 §15.2 Zoning: Special Permits: Conditions Imposed for
Furtherance of Social Goals 308
§15.3 Special Permits: Not-For-Profit Clubs in Residential
Areas: Spot Zoning 312
§ 15.4 Variance: Airport Extension: Effect of Official Approval 316 §15.5 Land Use Legislation: Precedence over Local Zoning 319 §15.6 Effect of Section 7A Protection: Amended Zoning
Ordinances 322
§15.7 Subdivision Plans: Constructive Approval by
Plan-ning Board 325
§15.8 Action of Board of Appeals as a Decision: Time for
Appeal 326
§15.9 Eminent Domain: Appellate Review and Admissible
Valuation Evidence 328
§15.10 Eminent Domain: Calculation of Interest 330
CHAPTER 16
LABOR LAW
§16.1 Commission Post Election Representation Case
Pro-cedures 334
§ 16.2 Commission Decisions of Procedures 347
§16.3 Duty to Bargain 349
§ 16.4 Tenure and Job Abolitions 357
§ 16.5 Arbitral Authority and Procedure Under the
Arbi-tration Statute 363
STUDENT COMMENT
§16.6 The Scope of Grievance Arbitration in Public Em-ployment: School Committee of Danvers v. Tyman (and two companion cases) (Trilogy) 371
