When stopped by cops, don’t hold your breath

Whether you think you are drunk or not, if you have had anything alcoholic to consume there is a chance that you might fail the breath test. And the exam can provide powerful evidence for the government at a drunk-driving trial. Until 2005, lawyers and non-lawyers alike often advised motorists not to take the breath test if pulled over by the police. Such advice made sense at the time because the government cannot tell a jury about a defendant’s refusal to take a breath test, and the license... More

Building an addition onto your house? Know about 'variances'

Let's say you want to put an addition on your house and the local zoning bylaw requires your lot to have at least 10 feet between any structure and your side property line. Unfortunately, that granite ledge in your back yard makes it impossible to build the addition without encroaching into the setback area. Just when you think all hope is lost, your architect suggests that you might have a good case for a "variance." What's a variance? It's more or less a way around the local... More

Quick Answers: Real Estate

Q. If my basement leaks and the problem was never mentioned when I bought the house, can I sue the former owner? A. In Massachusetts, there is no requirement for a seller to disclose known defects. However, if a potential buyer inquires about a specific condition, then the seller has a duty to fully disclose the extent of his knowledge. Moreover, courts may side with the buyer in cases in which the buyer enters into a transaction because of a seller's false statements, misrepresentation or bad... More

A battle over a brothel and other fights involving 'intellectual property'

Who owns Nevada's famous (or infamous, depending on your point of view) brothel known as the Mustang Ranch? Believe it or not, for a while it was the United States. The brothel was taken in 1999 by the government after the operators of the ranch were convicted of racketeering. The government initially had trouble deciding what to do with Mustang Ranch and its "assets." At one point, the government considered selling or licensing the Mustang Ranch buildings and trademark (i.e., the very... More

Quick Answers: Copyright Law

Q. I heard that National Basketball Association coach Pat Riley trademarked the word "three-peat." Is that possible? A. "Three-peat" is actually a registered trademark of Riley's corporation for merchandise and apparel. Several people have tried to cancel the registration, but, to date, these attempts have failed. However, "trademarked" is a bit deceiving. There are trademarks, and you can register a trademark. But, you cannot just take a term or phrase, call it... More

Wartime film 'Breaker Morant' sends message decades later

scott.katz@exhibitAnews.com   More than 100 years after the American colonists won their freedom in the War of Independence with Great Britain, another group of British colonists in South Africa, known as the Boers, waged their own war for independence from England. The Boer War lasted only three years (1899 to 1902) but went down in history as a battle in which each side demonstrated a shocking level of brutality. "Breaker Morant" is the fact-based film account of the court martial... More

In pursuit of the trivial

Although Tom Cruise has received plenty of press lately for notoriety of one sort or another, he has been linked to one controversy that has nothing to do with Scientology or Katie Holmes. The role the actor played in "A Few Good Men" was based on real-life lawyer David Iglesias, who was serving as New Mexico's U.S. attorney until he and seven of his counterparts around the country were recently fired, in a much-debated move, by the Bush administration for "performance-related... More

What’s really going on with gay marriage?

Unless you've been trapped under something heavy for the last several years, you know that same-sex marriage has been legal in Massachusetts since 2003. Just to refresh your memory, it was our Supreme Judicial Court, in a case called Goodridge v. Department of Public Health, which found that the civil rights guaranteed in the state constitution included the right of two gay people to wed. But something unusual has happened since the Goodridge decision. The court has actually considered many less-publicized... More

A sheet-load of security

I wonder if lawyers who make a living putting bad guys in jail ever go home patting themselves on the back for a great conviction, and flop down, exhausted, onto their beds, only to be reminded of those evil bed sheets and how they render their convictions almost useless. I've come to the conclusion that pretty much anyone can escape from jail with bed sheets. They usually get caught afterward, true — which is why most of them don't do it — but it is so easy to do that I think... More

'Confused' by editorial

To the editor: As a prospective law student, I am pleased to find a publication that provides practical insight into the legal field in a refreshing manner. Regarding your editorial ("Videotaping surgeries? No — kill the cameras," April 2007), however, I was a little confused. Although I personally agree with the notion that cameras in the operating room can be detrimental, I feel the structure of your argument falls short of convincing. You support the conclusion... More

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