Volume 1979
Article 21
1-1-1979
Index
Boston College Annual Survey of Massachusetts Law
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TOPICAL INDEX
A
Abortion. See Constitutional Law Administrative Law
alcoholic beverage control, 280-81 health care regulation, 271-77 review of state agency decisions,
268-71
special education regulation, 277-80
C
Civil Practice and Procedure criminal contempt of court
adequate notice, 299 availability of appeal, 298
repeal of review by a writ of error, 298
custody of a minor, 289-91 executions
interest
clerk's responsibility to compute, 292
housing court, 298
judgment notwithstanding the ver-dict, 295
jurisdiction personal
due process limitations, 286 non-resident defendant, 285 subject matter
court ordered medical care of mi-nor, 290-91
Long Arm statute, 286 remittitur
judge's discretion, 286 standard, 296 res judicata, 290 surety bond, 287 Constitutional Law
abortion
parental consent, 225-33 custody of a minor, 234-37
economic regulation-substantive due process
generally, 203-14
state and federal standards of review, 214
equal protection
preference to veterans, 223-35 sex discrimination, 215-19
under Massachusetts Equal Rights Amendment, 215-25
first amendment
corporate free speech, 239-43 municipal free speech, 243-48 health regulation
burden on interstate commerce, 212 criminal sanctions without notice,
214
food labeling, 211-14 preemption, 213
landlord-tenant. See Landlord-Ten-ant
procedural due process motor vehicle
regulations, 249-55
right to refuse medical treatment, 232-39
sex discrimination. See also Employ-ment Discrimination
school athletics, 217-19 tenancy by the entirety, 220-22 Consumer Law
Consumer Protection Act
applicability of the medical mal-practice screening procedure,
348-49
applicability to regulated indus-tries, 346-47
elimination of the actual loss re-quirement, 352
elimination of the purchaser/lessee requirement of § 9, 351-52 fair credit reporting for retail
mer-chants, 354
health institution patient rights, 353-54
initiating actions, 353 multiple damages
business consumers, 345-46 non-business consumers, 343-45 standards for determining
viola-tions
landlord-tenant. See Landlord-Ten-ant
Contracts
choice of law, 306-07
employment contracts
non-competition covenants, 310-11
offer and acceptance, 302-03
promissory estoppel, 303
reliance, 301
third-party beneficiary contracts privity of contract, 306
right to sue, 306-07
Corporations
appraisal of stock, 32
elements of, 33-37
corporate promoters, 17-20
fiduciary duty
closely held corporations, 27-29
commercial bank as a trustee and creditor, 22-26
free speech, 239-43
Criminal Procedure
Massachusetts Rules of Criminal
Pr0ce-dure
goals, 313-14
D
Divorce. See Domestic Relations Domestic Relations
antenuptial agreements, 148-50
child custody, 155-58
divorce
alimony and assignment of prop-erty, 144-48
alimony
determination of solvency, 173-78
annulment
effect on tenancy by the entirety,
162-64
arbitration clauses
retention of jurisdiction by probate court, 164-66
child support
support for incapacitated adult children, 158-60
condonation, 160-62
contempt, 166-70
foreign
validity, 170-73
judgment of divorce nisi stay pending appeal, 150-53
jurisdiction over minor children,
153-55
E
Employment Discrimination. See also
Constitutional Law sex discrimination
elements of proof, 12, 14
per se unlawful discrimination, 7 pregnancy-related disabilities, 1, 2,
8
standards of review, 10
standing, 4-5
Estates. See Trusts and Estates Evidence
admissibility
confession of co-defendant, 125-29
photographs of homicide victims,
134-38
polygraph in criminal prosecutions,
81-88
doctrine· of verbal completeness, 117, 119-20
hearsay exceptions
business records, 106-11, 117
hospital records, 112-16
impeachment
defendant's right to establish bias juvenile records and evidence of
prior arrest, 89-96
jury verdicts, 100-05
prior false accusations, 96-100
privileges
attorney-client, 140-43
husband-wife, 140-43
tape recordings, 121-22
witnesses
court-ordered mental examination,
132-33
immunized, 122-24
L
Labor Law
police commissioner's authority to withhold service revolver, 363-67 public employee fringe benefits,
361-63
school committee examination poli-cies, 367-69
teacher salaries, 359-61
Land Use. See Zoning and Land Use
Landlord-Tenant evictions
condominium conversion, 207-09 legislative restrictions on, 205,
209-10
implied warranty of habitability, 349-51
legislation, 205-06, 209 rent control, 209-10
M
Medical Treatment. See Constitutional
Law
Motor Vehicle Regulations. See
Consti-tutional Law
S
Sex Discrimination. See also
Consti-tutional Law
State and Local Government
conflict of interest law and statute of limitations, 266-68
home rule amendment, 260-63 municipal free speech, 243-48, 256-60 public records of tax delinquents,
264-66
T
Taxation
capital losses, 443, 445 corporate income tax
foreign tax gross-up, 455-56 income apportionment statute,
456-59 corporate excise tax
corporate deduction, 460
definition of corporate gross income, 459
legislation, 459-60
sale factor of apportionment for-mula, 459
employee benefit plans
lump sum distribution, 438, 443 personal income taxes
capital gains, 448 exemptions, 448 gain exclusion, 446 inventors of patents, 451 legislation, 445, 452
references to Internal Revenue Code, 446
unemployment benefits, 449 personal property, 468, 470 real estate
classification amendment, 478, 487 disproportionate assessment, 475, 478 exemptions, 472
fair cash value, 473 legislation
energy-related property, 494 interest rates, 495
victims of disproportionate assess-ment,494
recreational land
"conveyance tax," 490,493 definition of qualifying land,
488-89
legislation, 487, 494 "roll-back tax," 490, 493 urban development excise tax, 470,
472
sales and use taxation, 460-68 exempt intra-family sales, 463 exemptions, 460-62, 468 motor vehicle transfers, 461-62 service business, 465-66 Torts
Abuse Prevention Act, 401-02 child trespassers, 381-83
intentional infliction of emotional distress
extent of, 388-90 survival of action, 390-91 legal malpractice
survival of action, 380-81
scope of, 397-99
standard of review, 394-96 negligence
landlord-tenant
personal injury resulting from breach of habitability warranty,
386-88
licensees & trespassers, 384-86 negligent infliction of emotional
dis-tress
abandonment of "impact rule," 391-92
emotional attachment requirement, 393
substantial physical injury require-ment,392
products liability
admissibility of recall letter, 378-80 duty to design a safe product
collisions as reasonably forseeable, 376-78
incorporation of reasonable safety features, 375
refusal to adopt strict liability, 372-74
Trusts and Estates claims against, 47, 49 death taxes, 51-54 estates
creditor's rights, 50
procedure for presentation of claim against estate, 77
voluntary administration, 78-79 voluntary executor, 78
guardianship, 67-73 public charity, 65 statutory shares, 46 trusts
marital deduction, 58-62 revocable, 41-45
settlor's intent, 56-57 wills
appointment of temporary executor, 76
self-proved, 75
temporary administrator with the will annexed, 76-77
v
Veteran's Preference Laws. See
Consti-tutional Law
w
Wills. See Trusts and Estates
Witnesses. See Evidence
Workmen's Compensation
employees of non-insured employers, 190-94
personal injury
mental and emotional disorder, 179-86
second injury fund
retroactive application of amend-ment to statute, 197-201 travel, 186-90
unemployment benefits as bar to receipt, 194-97
Z
Zoning and Land Use definition of "lot," 413-17 eminent domain
fair market value, 433-37
special and peculiar injury, 417-20 protection of coastal wetlands, 420-25 religious and educational uses
extent of municipal regulation,
406-13
section 6 protection, 403-06 zoning appeals
procedures, 425-28
