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How the Doctrine of Unjust Enrichment Becomes Unjust Itself: The Measurable Benefit Standard and Unrequested Services
The article discusses the principle of unjust enrichment, particularly focusing on the Supreme Judicial Court’s ruling in Tody’s Service, Inc. v. Liberty Mutual Insurance Co. It critiques the court’s application of the measurable benefit standard, which limits recovery for storage fees in cases of involuntary police holds on vehicles, resulting in inequities for storage lots and vehicle owners.
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The Fatal Cost of Inaction: Incentivizing a Police Officer’s Avoidance Through Qualified Immunity Under the State-Created Danger Doctrine
Rachel Powell discusses how the First Circuit’s ruling in Johnson v. City of Biddeford highlights the failures of police intervention and the application of qualified immunity. Powell argues the court did not adequately address individuals’ rights when calling for police help, fostering inaction among officers. She explains how this case raises significant public policy concerns regarding accountability and the expectations of police conduct in threatening…
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To Close or Not to Foreclose: An Examination of Massachusetts’s Inadequate Compliance Measures in Nonjudicial Foreclosures
In this Article, Keith Moss discusses the limitation of protections afforded to individuals in foreclosure. Moss explains how the Fifth and Fourteenth Amendments safeguard against unfair deprivation of rights; however, in cases like Anthony Branch’s foreclosure, these protections fail. Despite evident violations by lenders during the foreclosure process, courts often dismiss homeowners’ claims, undermining justice and highlighting the imbalance between powerful lending institutions and vulnerable…