Volume 1982
Article 21
1-1-1982
Index
Boston College Annual Survey of Massachusetts Law
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TOPICAL INDEX
B
Business Associations joint ventures, 189-94 limited partnerships, 195-201
C
Civil Practice and Procedure commitment process
sexually dangerous persons, 63-74 medical malpractice tribunal
scope of review, 439-41 presentment of claim
Tort Claims Act, 435-39 summary judgment
credibility of witnesses and weight of the evidence, 445-46
identification of material facts, 444-46
standing
labor unions as parties, 441-43 Commercial Law
negotiable instruments
mistaken payment by bank, 209-12 due process
medical treatment for pre-trial de-tainee, 317-23
eighth amendment
medical treatment, 317-23 first amendment
public school prayer law, 323-32 political question, 332-43
Contracts
anticipatory repudiation
recission exception to Massachu-setts' failure to recognize doc-trine, 228-34
brokerage
real estate, 240-48 choice of law, 284-90 choice-of-Iaw
agreement between parties, 274-78 choice-of-Iaw rule, 269-71
damages
buyer's repudiation, 205-08
employment
forfeiture of deferred competition provisions, 219-27
employment at will
damages for discharge in bad faith, 203-05
identical source rule, 248-53 insurance
excess liability coverage, 215-19 insurance agents
negligent failure to obtain coverage, 212-15
Statute of Frauds
oral contracts for sale of land, 234-40
Corrections and Prisoners' Rights pre-trial detainees
medical treatment, 317-23
Criminal Law and Procedure administrative search warrants
liquor industry, 62-63 pharmacies, 56-62 armed robbery
actual possession of weapon, 116-17, 122-26
apparent ability doctrine, 118-26 commitment process
sexually dangerous persons, 63-74 defenses
duress
fear of serious injury, 110-16 jury instructions, 112-14 district court practice
admission to sufficient facts, 126-29, 132-34
continuance without a finding, 127-28, 135
de novo trial, 129-28 two-tier court system, 126 waiver of rights, 129-33 felony-murder rule, 74-83 grand jury
grand jury indictment
probable cause, 151-52, 158 . sufficiency of evidence, 152-58 searches
automobiles warrantless sentencing
double jeopardy, 51-52 sentencing
upward revision after execution, 47-51
speedy trial
balancing of factors test, 84-95 constitutional rights, 84-95 remedies for delay, 86-110 standards for delay, 95-102 summary criminal contempt
proceed-ings, 43-46
compared to civil, 45
D
Domestic Relations alimony, 891-97 child custody
foreig country decrees, 278-81 divorce decree
insurance proceeds, 309-316 Domicile
married women, 256-59 .students, 257-65
E
Environmental Law air pollution, 363-65
Clean Water Act, 355-57, 359 hazardous waste facilities, 345-54 Hazardous Waste Facility Site Safety
Council, 345-53
placement of fill in navigable waters, 354-356
sewer connection permits, 365-66 wetlands regulation, 360-63 Ethics
reinstatement of disbarred attorneys, 387-402
Evidence
flight as consciousness of guilt jury instructions, 13-15 probative value, 12-14 hearsay
hospital records exception, 19-22 hearsay exceptions
prior reported testimony, 15-19 rebuttal testimony
discretion of judge, 4-5 judicial economy
litigant's affirmative right, 3-9 requirements, 11
J
Juveniles
medical treatment
right to withhold from minor in cus-tody of DSS, 297-309
L
Labor Law
agency shop agreements, 172-78 employment contracts
contract at will, 203-205 federal law preemption
state libel claims in labor dispute, 169-72
labor union as legal entity, 167-69 open meeting law
teacher layoffs meetings, 185-88 public sector
multi-year contracts, 178-85 unlawful employee discharge,
161-67
R
Real Property conflict of interest, 402-10
prosecutorial misconduct 410-13
at trial choice-of-Iaw
sale of
broker's right to commission, 240-45 oral agreement for payment of
broker's fee, 245-48 oral contracts, 234-40
sewer connection permits, 365-66
S
State and Local Taxation bank excise tax
constitutionality, 504-09 business trusts
consolidated income tax returns, 497-99
corporate excise tax
relation to federal law, 501-04 personal income tax
deductions of bad debt loss, 487-90 graduated exemptions, 479-83 installment payments as taxable
gains, 487-90 property taxation
exemption of educational institu-tions, 494-97
tax sales of low value land, 483-87 use taxes
exemptions, 499-501
jurisdiction of abatement claims, 499-501
T
Torts
choice-of-Iaw rule, 262-65 conflict of laws, 281-84
wrongful death, 284-90
liability of seller of alcoholic beverages package store, 367, 369-70
tavern keeper, 367-70 malicious prosecution, 381-84 medical malpractice
informed consent, 373-75 tribunal process, 370-73
negligent infliction of emotional dis-tress, 376-80
negligent performance of public func-tions, 384-85
suit against fellow employee, 265-68 wrongful death, 375-76
wrongful life - DES, 380-81 Trusts and Estates
estate tax apportionment
charity as residuary beneficiary, 429-31
silence in will and other instru-ments, 427, 431
free agreements, 416-18
fractional share gifts, 427-28, 432 income taxation
Massachusetts trust for non-resident beneficiary, 418-21
investments
prudent fiduciary rule, 421-24 undue influence in making of will,
433-34 will bequests
devolution of voided bequest, 426-27
spouse of necessary subscribing witness, 424-26
will compromise agreement binding effect on administratrix,
414-18
w
Worker's Compensation choice-of-Iaw rule, 265-68 compulsory coverage, 32-34 death benefits, 39-42 homeowner's proviso, 34-38 subsequent injuries
compensation rate, 29-30 definition of injury, 31-32 wear and tear doctrine, 23-27
Z
Zoning and Land Use comprehensive permit
constructively granted, 455-58 minimum housing obligation, 458-61 exclusionary zoning
interpretation of local law, 474-77 prior nonconforming use, 468-73 special permits, 474-77
taking, 447-54 variance
