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...purpose of rule 12(b)(6) is to permit prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiff's claim is legally insufficient. See General Motors Acceptance Corp. v. Abington Cas. Ins. Co., 413 Mass. 583, 584 (1992); Fabrizio v. Quincy, 9 Mass.App.Ct. 733, 734 (1980). In evaluating the allowance of a motion to dismiss, we are guided by the familiar principle that a complaint is sufficient "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [its] claim which would entitle [it] to relief." Nader...
...words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated." Hanlon v. Rollins, 286 Mass. 444, 447 (1934). See Sullivan v. Brookline, 435 Mass. 353, 360 (2001). Courts must ascertain the intent of a statute from all its parts and from the subject matter to which it relates, and must interpret the statute so as to render the legislation effective, consonant with sound reason...
...local, statewide, and national pro-choice campaigns. We are extremely excited for the coming semester, and hope that our pro-choice allies will join us in our campaign to protect and expand reproductive rights. MELISSA S. ADER ’09 CARA L. LEWIS ’06 VANESSA V. PRATT ’08 AMANDA L. SHAPIRO ’ 08 January 8, 2006 The writers are officers of Students for Choice...
...judge. "It was a missed opportunity," says Democratic pollster Celinda Lake. This morning, Democratic attempts to target Alito's positions on abortion and civil rights got no more traction than before, and even Alito's concession that justices need "the ability to revisit" controversial cases, like Roe v. Wade, failed to provide usable ammunition for his opponents...
...fluidity throughout the course,” Vargas says.But Vargas adds that the course is appealing because the professors explain the material’s applications.“I think that the material is interesting just because they apply it to everyday things,” she says.Sagar V. Mehta ’09 says that discussing applications of the material only improves the course to a degree.“This is what Life Sciences 1a is—there are these kids at Harvard, and we want them to cure AIDS and cancer. So we?...