Massachusetts

The Commonwealth of Massachusetts is well-known for lobster, the New England Patriots and the Boston Red Sox. The state falls in the First Federal Circuit Court System. More than 80% of the New England residents live in the greater-Boston metro, making it the most populous and a highly influential city in the state’s history, industry, and academia. Both Harvard and the Massachusetts Institute of Technology (MIT) are in the Boston area and are ranked as two of the top universities nationally and worldwide.

The government of Massachusetts is laid out in the Constitution of the Commonwealth.  The state government, like the federal government, consists of three branches: executive, legislative and judicial. The executive branch is controlled by the governor and consists of over 150 state agencies. The governor also has a cabinet consisting of ten secretaries.  The legislative branch consists of the General Court, broken into two branches the Massachusetts Senate, which has 40 members, and the Massachusetts House of Representatives with has 160 members, and all members in both houses are up for election every two years.  Although a few remain, most county governments were dissolved in the 1990s and 2000s.

The judiciary of Massachusetts consists of the court of last resort, the Superior Court which is the court of last resort.  The Massachusetts District Court, also known as the District Court Department of the Trial Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases.  The Land Court has limited subject-matter jurisdiction related to real property. Massachusetts also has a Housing Court, Probate and Family Court, Juvenile Court and Boston’s Municipal Court.

Massachusetts is also known for its liberal legislation. On May 17, 2004 it became the first US state to legalize Same-sex marriage, after a state court determined that exclusion of same-sex couples right to a civil marriage was unconstitutional. On November 8, 2016, the state also legalized marijuana under the Marijuana Legalization Initiative.  Massachusetts has progressive laws related to employment and has passed an Equal Pay Ordinance and the Pregnant Workers Fairness Act, and legal analysis of both pieces of legislation are available on the National Law Review.

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Oct
11
2017
Superior Court Decision Raises the Bar For Municipalities Seeking to Challenge Special Permits And Other Zoning Actions Taken By Neighboring Municipalities Beveridge & Diamond PC
May
15
2024
Superfund Redux: States Are Turning to Climate Superfund Acts to Fill Budgetary Gaps Barnes & Thornburg LLP
Jun
8
2022
Summer State/Local Law Round-Up, Part 1 of 2: California through New York (US) Squire Patton Boggs (US) LLP
Aug
26
2015
Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff Proskauer Rose LLP
Aug
4
2023
Subject Matter Matters in Land Court Goulston & Storrs
May
4
2020
Students Demand Tuition Reimbursement for COVID-19 Learning Disruptions Wiggin and Dana LLP
Jan
2
2019
Strict Updates to Massachusetts’ `Ban the Box’ Law Foley & Lardner LLP
Sep
2
2012
Stormwater in New England: When It Rains, It Pours Greenberg Traurig, LLP
Apr
10
2024
Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know Goulston & Storrs
Mar
11
2019
Still No Right to Jury Trial -- MIT 401(K) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims McDermott Will & Emery
Feb
26
2020
Sticks and Stones May Break Bones, But Words May Constitute Unlawful Discrimination Sherin and Lodgen LLP
Nov
13
2023
Stay Tuned: Massachusetts Legislature Poised to Enact Pay Transparency Requirements Proskauer Rose LLP
Aug
17
2023
States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers Sheppard, Mullin, Richter & Hampton LLP
Jul
3
2019
States’ Data Breach Notification Statute Amendments in 2019 Polsinelli PC
Mar
25
2024
States with Pending Legislation to Ban Employee Noncompetes: Maine Poised to be Next State to Enact a Ban Foley & Lardner LLP
Jul
3
2019
States Struggle with Regulating Risks Associated with College Closures Robinson & Cole LLP
Jun
19
2020
States Seek PFAS Requirements in Industrial Stormwater General Permit Beveridge & Diamond PC
Feb
25
2015
States Respond to Recent Breaches with Encryption Legislation McDermott Will & Emery
Nov
2
2016
States Looking at Legalized Fantasy Sports as Revenue Source Greenberg Traurig, LLP
Mar
27
2019
States Draft Legislation Following EPA's PFAS Action Plan Beveridge & Diamond PC
Apr
29
2020
States Create Presumptions for Essential Workers to Become Eligible for Workers’ Compensation Benefits During Pandemic Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
21
2015
States Challenge New SEC Rules on Small Public Offerings Greenberg Traurig, LLP
Jan
27
2021
States Challenge DOL’s Tip Regulations Final Rule, DOL Withdraws Opinion Letters Jackson Lewis P.C.
Jun
5
2015
States Challenge Blue Sky Preemption Under Regulation A+ Katten
Dec
15
2020
States and Municipalities Respond to the COVID-19 Second Wave Surge by Tightening Restrictions Epstein Becker & Green, P.C.
Jul
9
2019
State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as Case Studies Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Nov
28
2018
State Securities Regulators Are Increasing Actions Against Cryptocurrency Issuers and Exchanges Steptoe & Johnson PLLC
Feb
7
2018
State regulators agree to multistate licensing process for money service businesses Ballard Spahr LLP
Apr
28
2015
State Oversight of Anticompetitive Activity in Healthcare: Is a New Wave Ahead? Sheppard, Mullin, Richter & Hampton LLP
Jan
13
2015
State Minimum Wage Increases Effective 2015 Jackson Lewis P.C.
Oct
11
2019
State Legislature Hears Concerns About Proposed Massachusetts Consumer Data Privacy Bill Pierce Atwood LLP
Aug
31
2021
State Lawmakers Confront the Challenge of the Energy Transition Hunton Andrews Kurth
Dec
17
2020
State Law Round-Up: Year End Edition – PART TWO (Illinois – Washington, D.C.) (US) Squire Patton Boggs (US) LLP
Jun
13
2019
State Law Round-Up: Paid Leave Proliferation (CT, ME, MA, NV, DC) and Minimum Wage Update! (US) Squire Patton Boggs (US) LLP
Aug
23
2018
State Law Round-Up: New Sick Leave, Sexual Harassment Laws and Other State Law Developments (MA, MD, MN, NJ, NYC, TX, VT) Squire Patton Boggs (US) LLP
 

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