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Suffolk Journal of Trial and Appellate Advocacy 
Volume 22 Article 20 
1-1-2017 
Table of Contents 
JTAA Editors 
Follow this and additional works at: https://dc.suffolk.edu/jtaa-suffolk 
 Part of the Litigation Commons 
Recommended Citation 
22 Suffolk J. Trial & App. Advoc. viii (2016-2017) 
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SUFFOLK UNIVERSITY LAW SCHOOL
SUFFOLK JOURNAL OF TRIAL &
APPELLATE ADVOCACY
Volume XXII 2016-2017 Issue 1
TABLE OF CONTENTS
E ditor's N ote ................................................................................ . . ix
ARTICLE
Attorney-Directed Voir Dire Comes To Massachusetts: The
Republic Is Safe ................................... Honorable Dennis J. Curran 1
NOTES
Roadway to Reform: Assessing the 2015 Guidelines and New
Federal Rule To The Indian Child Welfare Act's Application To
State C ourts .......................................................... A llison E . D avis 91
To Whom Should We Point Our Stylus? Allocating The Burden Of
Review In E-Discovery Of Social Media Content ...............................
......................................................................... R ochella T . D avis 12 1
Botched: The "Lethally Injected" Effect of Glossip On The Future
Of Capital Punishment ............................. Meghan Elizabeth Hall 160
Class Actions: How Easy Are They To Bring, and Why? ..................
......................................................................... C helsey E . T urner 19 1
CASE COMMENTS
Constitutional Law-Sticks & Stones may Break My Bones, But The
First Amendment Will Protect Me: Federal Court of Appeals
Upholds Unconstitutionality Of The Lanham Trade-Mark Act's
§ 2(A) Disparaging Provision As A Violation of First Amendment
Rights-In Re Tam, 808 F.3d 1321 (Fed. Cir. 2015) ...........................
..................................................................... K im berly T . A quino 2 17
Criminal Law and Procedure-He Said, She Said: Grand Jury
Indicts Based On Hearsay In Fourteen Year-Old Sexual Assault
Case-Commonwealth v. Stevenson, 50 N.E.3d 184 (Mass. 2016) .....
............................................................................ A lexis B rew ster 23 1
Constitutional Law-Tipping The Scale: Extending Scope Of Brady
Application For The Sentencing Phase In Post-Conviction Cases-
United States v. Hampton, 109 F. Supp.3d 421 (D. Mass. 2015) .........
........................................................................... N atasha A . D esa 243
Constitutional Law-Should I Stay Or Should I Go? First Circuit's
Analysis of Fourth Amendment Seizure-United States v. Fields,
823 F.3d 20 (1st Cir. 2016) ............................... Connor J. Gilbert 257


English

Desa, Natasha A.

Constitutional Law - Tipping the Scale: Extending Scope of Brady Application for the Sentencing Phase in Post-Conviction Cases - United States v. Hampton, 109 F. Supp.3D 431 (D. Mass. 2015)

In their article, “Discrimination by Customers,” 102 Iowa L. Rev 223 (2016), Katharine Bartlett and Mitu Gulati challenge the law’s asymmetric treatment of “firms” and “customers.” In this brief response, I argue that the asymmetry makes sense if (1) discrimination law is primarily about distributive justice; and (2) customers are marketplace actors who lack institutional power to distribute jobs, incomes, or essential goods and services. While Bartlett and Gulati largely ignore the first assumption, they provide persuasive reasons for rejecting the second

Shin, Patrick S.

Some Thoughts on the Relevance of Customer Behavior to Discrimination Law: Who Counts as A ‘Customer’?

https://dc.suffolk.edu/honorssymposium/1000/thumbnail.jp

College of Arts & Sciences Honors Program

Suffolk University 
Digital Collections @ Suffolk 
College of Arts & Sciences Honors Symposium CAS Honors Community 
2017 
CAS Honor Symposium Program, Fall 2017 
College of Arts & Sciences Honors Program 
Follow this and additional works at: https://dc.suffolk.edu/honorssymposium 
Recommended Citation 
College of Arts & Sciences Honors Program, "CAS Honor Symposium Program, Fall 2017" (2017). College 
of Arts & Sciences Honors Symposium. 1. 
https://dc.suffolk.edu/honorssymposium/1 
This Article is brought to you for free and open access by the CAS Honors Community at Digital Collections @ 
Suffolk. It has been accepted for inclusion in College of Arts & Sciences Honors Symposium by an authorized 
administrator of Digital Collections @ Suffolk. For more information, please contact dct@suffolk.edu. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        
 
FALL 2017 
HONORS 
SYMPOSIUM 
 
 
 
 
 
 
 
WEDNESDAY, DECEMBER 13, 2017 
1:00 PM, Sargent Hall  
 
 
Suffolk University 
Honors Program 
73 Tremont Street, 12th floor 
Boston, MA 02108 
HONORS LEVEL COURSES  
BIO H274, Genetics, Prof. Celeste Peterson 
Students were asked to describe the discovery of  the powerful genome editing 
technique CRISPR and reflect on the potential and ethical issues that it presents. 
Assignments in this class included reading A Crack in Creation: Gene Editing and the 
Unthinkable Power to Control Evolution by Jennifer Doudna and Sam Sternberg, and 
The Heroes of CRISPR by Eric Lander. In addition, a field trip to one of the first CRISPR 
companies, Editas, involved discussions with scientists currently applying gene 
editing techniques to cure diseases.  
Presenters: Anna Athanasopoulos, Cilene Da Silva, Emily Manfra, Sara Tavana 
 
BIO 510/H511, Biology Independent Study, Prof. Maghnus O’Seaghdha 
Olivia Huber, Brittania Moodie and Sabrina Ali will be presenting their 
findings with the overarching goal of better understanding Staphylococcus 
aureus extra-nasal colonization in humans. In collaboration with Simmons 
College, Olivia is investigating S. aureus prevalence in three body sites among 
healthy volunteers and characterizing these colonizing strains. Sabrina is 
taking a molecular biological approach to the interaction between S. aureus 
and human oropharyngeal cells. Specifically, she is examining bacterial 
survival inside this host cell type over time. Since S. aureus carriage is a risk 
factor for infection, Sabrina hopes to identify gene products that contribute 
to intracellular survival, which may eventually offer new targets for 
therapeutic intervention. Brittania is characterizing the cell biology 
associated with uptake of S. aureus by oropharyngeal cells. By visualizing 
intracellular bacteria, Brittania hopes to map out the temporal cell trafficking 
events underlying the survival (or killing) of intracellular S. aureus.   
 
ENG H266, Mad Men: Reading Visual Narratives, Prof. Peter Jeffreys 
Envisioning the American 60s: Social Shifts and Cultural Trends in Mad Men 
Presenters: Phoebe Adams, Tess Baucom, Lindsay Doyle, Rachel Fancy, Spencer 
Hommel, Scott Kayhan, Gabriella Larson, Alexa Miguel, Sheikh Abu Nasher, Kayla 
O'Regan, Victoria Oliveira, Connor Peterson, Nancy Pocoli, Rosalie Pothier, Anna 
Pravdica, Salvatore Ragonese, Ian Ryan 
 
HONORS LEVEL COURSES  
PHIL H119, Ethics, Prof. Brian Smith 
Karina Abeddy, “Ethics of the Michelle Carter Case” 
Emma Delaney, “The Problem with the Anti-Vaccination Movement” 
Hannah Edmond, “The Immorality of Humans Treatment of Animals” 
Safia Elyounssi, “Moral Issue of Human Trafficking” 
Brynn Kooyenga, “The Ethics of Organ Trafficking” 
Sophia Lajoie, “Workplace Monitoring” 
Hannah Melissen, “Honor Killing” 
Grace Potter, “Ethics of Physician Assisted Suicide” 
Adelyn Ragucci, “The Ethical Treatment of Animals” 
Olivia Valdez, “Is Prostitution Moral?” 
Sai Akshaya Vivekanandan, “Making an Ethical Argument” 
Grace Voll, “Charlottesville Virginia: Hate Speech is Immoral” 
Samantha Williams, “Ethical Arguments around Affirmative Action” 
 
PHIL H127, Contemporary Moral Issues, Prof. Montgomery Link 
Jackson Hines, Alaina Summers, Michaela Fawcett, “Democratic Equality” 
LaQueen Arias, Brittania Moodie, Peter Silva, “Liberal Feminism” 
Donyka Dumornay, “Liberty” 
Aashi Sethi, Faith Chege, Sara McKenna, “Rawls and Feminism” 
Wenjing Jiang, Fariha Omar, “Public Reason” 
Justin Peavey, “Toleration” 
Thomas Charpentier, “Rawl's Political Liberalism” 
Nicholas Nunez, “Communitarianism” 
 
WGS H111, Women, History, & Culture, Prof. Carolyn Salvi 
Explores the roles and images of women in Western culture and the realities of 
women's everyday lives through literature, film, history, art, psychology, and recent 
feminist scholarship. Analyzes gender inequalities and the influence of gender on 
social structure, human behavior, and artistic expression.  
Presenters: Emma Nee, Sabrina Pierre, Matthew Shiels, and Jessica Spadafora 
SEMINAR FOR FRESHMEN COURSES  
SF H1148, Brave New Worlds, Professor Leslie Eckel 
Students explored the geography, culture, landmarks, and current events of 
selected countries in Suffolk’s global network. They learned more about study 
abroad campuses and programs, talked with peer mentors who have taken their 
learning on the road, and interviewed international students on our campus in 
Boston. 
Australia: M. Farrell, S. McKenna, C. Pappas 
England/Scotland: A. Kocaman, R. Lagerquist, T. Reilly 
Greece: N. Al-Shair, E. Nuñez, Y. Tarabia  
South Africa: I. Ash, L. Gilberti, S. Rajadurai  
South Korea: N. Breen, C. Doonan, A. Jeannot 
Spain: G. LaRocque, B. Maguire, I. Serpe 
 
SF1161, The Playwright and the Stage, Professor Richard Chambers 
The class has seen four plays, all of them new or new adaptations. The last—
and the focus of the final project—is Chekhov’s THREE SISTERS as adapted by 
guest director Robert Kropf for the SU Theatre Department at the Modern 
Theatre. Each group of students will focus on a particular form of engagement 
with and analysis of the plays (review, world of the play and production 
analysis, scene breakdown and data mapping, character analysis, motif and 
theme, performance and talk-backs with writers and directors) that they have 
studied this semester. 
SF-H182, Heroes, Antiheroes & Outsiders, Professor Wyatt Bonikowski 
How is it that "comics", a genre often viewed as entertainment for children 
and adolescents, has become one of the most exciting forms of narrative and 
visual art? To answer this question, this seminar will examine a range of 
graphic novels, from those that celebrate their origins in superhero comics, 
such as Alan Moore's Watchmen, to those that treat subjects not usually 
considered proper to the comics genre, such as Art Spiegelman's Maus, about 
the Holocaust, and Alison Bechdel's Fun Home, about the complexities of 
sexual identity. As we read these works, we will look at how the combination 
of words and still images makes the graphic novel a unique storytelling form, 
as well as how artists and writers push the envelope to create new styles and 
challenge our expectations. 
HONORS CONTRACTED CLASS PROJECTS  
ADG 219, Computer Appl in Design, Prof. Jen Fuchel  
Teresa Willand, “Package Design”  
ARH 101, Art History I, Prof. Thomas McGrath  
Grace Wyszkowski, “Reflection of Women in Artwork”  
CHEM 331, Biochemistry I, Prof. Melanie Berkmen 
Haley Dame 
EC 442, International Monetary Econ, Prof. Shahruz Mohtadi-Haghigh  
Ayushi Sheth 
ENG 344, English Romantic Literature, Prof. Hannah D. Hudson 
Alissa D’Arcangelo 
ENG 357, African-American Lit I, Prof. Quentin Miller 
Heba Munir 
GVT 110, Intro to American Democracy, Prof. Scott Ferson  
Grace Boehler, “Evolution of America's Foreign Policy”  
GVT 224, Introduction to Public Policy, Prof. Christina M. Kulich-Vamvakas  
Catherine Seaver, “Passing a Bill: Simulation vs Reality”  
Rachel Brown 
GVT 261, Theory & Practice of Ir, Prof. Michal Ben-Josef Hirsch 
Amanda Rosario, “Post American World”  
GVT 275, Ancient & Medieval Pol Theory, Prof. Jeffrey P. Johnson  
Anthony Dimauro 
GVT 347, Legislative Politics, Prof. Kenneth Cosgrove 
Shannon Alessandroni, “A Question of Representation”  
GVT 359, Hockey & Politics, Prof. Kenneth Cosgrove  
Caitlin Riley  
LAWU 221, Law of Contracts, Prof. Mary M. Flaherty 
Kemelly Fortunati  
PHIL 120, Ethics and Civic Life Prof. Brian Smith 
Trevor Price, “The Costs of Humanitarian Intervention”  
THETR 265, Intro to Theatre: Melodrama, Prof. Wes Savick 
Victoria Isotti, “History of Melodrama”  
SCI 108, Intro to Cancer Care, Prof Jessica Mak  
Alexia Baugniet, “Cancer Prevention” 
Hannah Delcervo, “Nutritional Preventative Methods” 
SOC 354, Death and Dying, Prof. Susan Sered 
Jared Marshall, “Capital Punishment: Second Only to its Disparity”  
UES 101, Environmental Studies, Professor Pat Hogan 
Christian Morris 
 
HONORS SENIOR THESES AND PROJECTS  
Computer Science Abhilasha Deka, “NetLogo Modeling of Predators 
and Prey,” Faculty Supervisor: Dr. Dan Stefanescu 
Psychology Jesselyn Arellano, “Psychology and Nutrition Programs,” 
Faculty Supervisor: Dr. Gary Fireman 
Psychology Paige Kawai, “Same-sex Marriage and Public Policy,” 
Faculty Supervisor: Dr. Amy Marks 
Psychology Eleni Koutsoukos, “Cannabis legislation and 
Consequences on People Public Policy & Psychology,” Faculty 
Supervisors: Dr. Amy Marks, Dr. Gary Fireman  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SEMINAR FOR FRESHMEN COURSES ON THE 5TH FLOOR 
SF-1146, a Natural History of Dogs, Professor Lauren Nolfo-Clements 
This course explores the evolution of dogs from wolves and the ways in which 
dogs have adapted to their niche in human society. The ecology, behavior, 
genetics, and adaptations of dogs will be explored in relation to both their wolf 
ancestry and artificial selection by humans.  
SF H116, Enlightened Insanity, Professor Barbara Abrams  
Come join us in the quest to understand, define, observe, and analyze the key 
ideas and concepts of these great thinkers, such as Rousseau, Diderot, and 
Voltaire, still so relevant in our time. Posters help to trace the evolution of the 
concepts of alienation and marginality from French Enlightenment Philosophy to 
Modern Europe as conveyed through several different forms of media.  
Additional posters compare French Revolution to the American Revolution and 
the French to American Industrial Revolution.  
Presenters: E. Da Silva, B. Bonar, A. Downey, H. Cunningham, H. McIntyre, J. 
Kulla, D. Chernoch, L. Giordano, S. Rodriguez 
 
SF H178, Sacred Hoops & Sneaker Pimps, Professor Richard Miller 
Students chose poster topics to spark discussion and critical thinking about 
how sports, in particular basketball, may serve as a critical lens to study 
particular minority cultures in American society.  In this course topics of race, 
segregation, sexism, and ethnocentrism, informed how a player’s “Hoop 
Dream” was (de)constructed, attained, or performed. 
Jacqueline Brangiforte, Nicole Oliveira, Walker Daugherty “Basketball Hoop 
Dreams” 
Madison Laudermilk, Violet Kennedy, Emely Nunez “Basketball Players and 
Their Environments” 
Andres Ramirez, Cooper Johnson, Nick Colantonio “Marbury Miracle” 
Delaney Sylvester, Carolyn Nash, Kayla Barbera “Hoop Dreams Over Time” 
Josh Tanguay, Steve Shamnoski, Amilcar Fuentes “Comparing Hoop Dreams” 
Leena  Ziane “LGBT Hoop Dreams” 
Calvin Yin “Following Hoop Dreams” 
 


CAS Honor Symposium Program, Fall 2017

https://dc.suffolk.edu/journal/1651/thumbnail.jp

Suffolk Journal

Suffolk Journal, vol. 81, no. 3, 9/27/2017

Venture Literary/Arts Magazine, 2017

Toribio, Stephanie M.

Suffolk Journal of Trial and Appellate Advocacy 
Volume 22 Issue 1 Article 21 
1-1-2017 
Editor's Note 
Stephanie M. Toribio 
Suffolk University Law School 
Follow this and additional works at: https://dc.suffolk.edu/jtaa-suffolk 
 Part of the Litigation Commons 
Recommended Citation 
22 Suffolk J. Trial & App. Advoc. x (2016-2017) 
This Notes is brought to you for free and open access by Digital Collections @ Suffolk. It has been accepted for 
inclusion in Suffolk Journal of Trial and Appellate Advocacy by an authorized editor of Digital Collections @ Suffolk. 
For more information, please contact dct@suffolk.edu. 
EDITOR'S NOTE
Dear Reader:
On behalf of the Suffolk University Law School Moot Court Honor Board, I
am proud to present the first issue in Volume XXII of the Suffolk Journal of Trial &
Appellate Advocacy. This issue contains one lead article and eight student-written
pieces, each designed to be of practical use to lawyers and judges at the trial and
appellate levels.
The Lead Article, Attorney-Directed Voir Dire Comes To Massachusetts: The
Republic is Safe, was written by the Honorable Dennis J. Curran. Judge Curran
provides a comprehensive recommendation on the proper application of the new voir
dire law. We are fortunate to have published a piece written by a Justice of the
Massachusetts Superior Court, and whose experience provides distinctive insight on
attorney-directed voir dire.
The student-written pieces address topics that are of interest to members of
the bar in Massachusetts and nationwide. The topics covered involve:
* a discussion and analysis of guidelines and rules implemented to
reform the Indian Child Welfare Act, and the impact on state courts
(Allison E. Davis);
* an analysis of the approaches Courts take on the issue and exploring
burden reduction methods and a proposal that Courts adopt a burden-
shifting method to address the burden of review in e-discovery of
social media content (Rochella T. Davis);
* a discussion of the United States flawed method of execution for
criminals sentenced to death and a proposal that our modern times
demand a change to this method to create a more humane method of
execution (Meghan Elizabeth Hall);
* an examination of class actions and Federal Rule of Civil Procedure
23 and how the application of the rule will continue to evolve with
future class actions (Chelsey E. Turner);
* a critique of The Lanham Act section 2(a)' s disparaging provision as
a violation of Constitutional rights, and the potential consequences of
modifying The Lanham Act (Kimberly T. Aquino);
* an analysis of the Supreme Judicial Court of Massachusetts' ruling on
hearsay in sexual assault cases during grand jury proceedings, and the
concerns with stigmas associated with sexual assault charges (Alexis
Brewster);
* an analysis of the United States District Court of Massachusetts'
application of a Brady violation to the sentencing phase in a post-
conviction case (Natasha A. Desa); and
* an analysis of the United States Court of Appeals for the First
Circuit's ruling that there was no show of authority to constitute a
Fourth Amendment seizure (Connor J. Gilbert).
My thanks and gratitude goes out to all staff members of the Moot Court
Honor Board who helped put this issue together with noteworthy professionalism
and dedication. The Journal of Trial & Appellate Advocacy boasts some of the finest
members of the Suffolk University Law School community, and it has been a true
honor to work by their side. The Moot Court Honor Board is indebted to the entire
editorial staff for the tremendous amount of time and effort they devoted to the
editorial process.
Special thanks go out to the President of the Moot Court Honor Board,
Bianca Mufioz who acted as my sounding board, and was always there to lend her
support. Additionally I'd like to thank my Executive Editor, Brian S. Brazeau, and
my Managing Editor, Alyssa M. Johnson, for their absolute devotion to editing the
enclosed pieces for publication in this issue. Finally, I would like to thank the
Board's advisor, Professor Richard Pizzano, the Board's Staff Assistant, Janice
Quinlan, and the Deans and Faculty of Suffolk University Law School for their
continued support of the Moot Court Honor Board and Suffolk Journal of Trial &
Appellate Advocacy.
Thank you for reading the first issue in Volume XXII of the Suffolk Journal
of Trial & Appellate Advocacy. I am confident practitioners, professors, students,
and judges will benefit from our scholarship, and will find Volume XXII thought-
provoking and useful.
Best regards,
Stephanie M. Toribio
Editor-in-Chief


Editor\u27s Note

Davis, Allison E.

Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act\u27s Application to State Courts

Hall, Meghan Elizabeth

Botched: The Lethally Injected Effect of Glossip on the Future of Capital Punishment

Aquino, Kimberly T.

Constitutional Law - Sticks & Stones May Break my Bones, but the First Amendment Will Protect Me: Federal Court of Appeals Upholds Unconstitutionality of the Lanham Trade-Mark Act\u27s Sec. 2(a) Disparaging Provision as a Violation of First Amendment Rights - in Re Tam, 808 F.3D 1321 (Fed. Cir. 2015)

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