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Massachusetts courts often require individuals on probation, particularly sex offenders, to wear GPS monitors that track their every movement.  Imposing this requirement, the state’s highest court said for the first time recentlyis a search, meaning that a judge can only lawfully require such monitoring after making an individualized determination that balances “the Commonwealth’s need to impose monitoring against the privacy invasion occasioned by such monitoring.”   

The two decisions issued by the Supreme Judicial Court (SJC), Commonwealth v. Feliz and Commonwealth v. Johnsonare the first to apply Grady v. North Carolina, a 2015 Supreme Court decision holding that GPS monitoring is in fact a search protected under the Fourth Amendment’s prohibition against “unreasonable” searches.  While the SJC had previously treated GPS monitoring as something else, calling it, for instance, “punishment” for committing an offense, Feliz and Johnson clarify that under both federal and state constitutional law, GPS monitoring is in fact a search. Applying its own new standard, the SJC reached contrasting results, deciding that GPS monitoring was unreasonable in Feliz but reasonable in Johnson 

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The Chronicle, quoting Zalkind Law’s Emma Quinn-Judge, explains the significant negative effects of Harvard’s single-sex policy on women’s groups. Last month the firm filed a lawsuit against Harvard to protect all-female groups by seeking an injunction preventing Harvard from enforcing the sanctions policy. Read the article here:

https://www.chronicle.com/article/Harvard-Cracks-Down-on/245436

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Today, Emma Quinn-Judge, David Russcol, Ana Munoz, and Harvey Silverglate filed a lawsuit in Suffolk Superior Court challenging Harvard’s policy that punishes students who join single-sex organizations. As the complaint in the case notes “As a result of this policy, almost every single-sex organization available to undergraduate women at Harvard closed its doors, or reorganized as a co-ed social organization. Most male single-sex organizations, by contrast, remain open, providing men with relationships, opportunities, and experiences to which Harvard undergraduate women now have limited access.” Harvard’s policy, which bars members of single-sex social organizations from holding leadership positions on campus, varsity team athletic captaincies, and prohibits them from receiving College endorsement for prestigious fellowships, “violates the fundamental rights of Harvard women and men to associate freely with their peers and to live free of sex discrimination, rights guaranteed by articles 1 and 19 of the Declaration of Rights of the Massachusetts Constitution, as amended, as well as the First and Fourteenth Amendments to the United States Constitution.”

Information about the firm’s suit, and a parallel federal lawsuit also filed today, can be found at www.standuptoharvard.org.

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Emma Quinn-Judge and Monica Shah recently won an employment discrimination appeal at the Massachusetts Appeals Court. The Appeals Court agreed with Attorneys Quinn-Judge and Shah that their client’s pay discrimination claim should not have been dismissed by the lower court after the defendant, the City of Boston, moved for summary judgment. Plaintiff presented evidence that the City had refused to provide a promised raise to the plaintiff, an African-American woman and a longtime public servant, after she spent nearly three years in her promoted position with substantially greater responsibilities, while at the same giving raises to another white manager.  As a result of this decision, their client will now be able to take her pay discrimination claim to trial.

Read the opinion here: https://www.mass.gov/files/documents/2018/10/24/17P0343.pdf

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We are pleased to announce that five of our attorneys have been selected to the 2018 Massachusetts Super Lawyers List. We would also like to congratulate six of our attorneys for being selected to the 2018 Massachusetts Rising Stars list.

Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only up to 5 percent of the lawyers in a state are named to the Super Lawyers list, and no more than 2.5 percent are named to the Rising Stars list.

Please join us in congratulating the following attorneys who have been selected as “Super Lawyers” and “Rising Stars” this year.

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Zalkind Duncan & Bernstein LLP is proud to announce that firm partners Norman Zalkind, David Duncan, Inga Bernstein, Emma Quinn-Judge, and Monica Shah, and of-counsel attorneys Elizabeth Lunt and Harvey Silverglate are listed in the 2019 edition of The Best Lawyers in America. Best Lawyers is the oldest and most respected peer-review publication in the legal profession and rates attorneys by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. Congratulations to all!

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ZDB’s Monica Shah and Emma Quinn-Judge filed an amicus brief on behalf of the Cato Institute and The Center on Administration of Criminal Law in CPCS v. Attorney General, a case involving egregious prosecutorial misconduct arising from chemist Sonja Farak’s mishandling of thousands of drug samples at the Amherst Drug Laboratory.  The brief supports the Petitioners’ request that the SJC remedy the systemic and widespread injustice arising from prosecutors’ failure to disclose exculpatory evidence, fraudulent statements to the courts, and failure to identify and notify thousands of wrongly convicted individuals by dismissing the convictions of all defendants whose samples were processed by the lab during Farak’s time and issuing monetary sanctions against the Attorney General’s Office and District Attorney’s Offices.  The brief also argues for the prevention of future prosecutorial misconduct against other defendants by ensuring that judges proactively hold prosecutors accountable through clearly defined Brady standing orders, strong sanctions for noncompliance, and mandatory reporting to disciplinary boards.  Read more about the case and download the full amicus brief here: https://www.cato.org/publications/legal-briefs/committee-public-counsel-services-v-attorney-general-massachusetts-mass

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