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Articles 1 - 30 of 711
Full-Text Articles in Law
Respect My Authority: The Past, Present, And Future Of The Public Authority, Tom J. Letourneau
Respect My Authority: The Past, Present, And Future Of The Public Authority, Tom J. Letourneau
Ocean and Coastal Law Journal
This comment synthesizes various historical aspects of motor vehicle infrastructure in the United States. The network of issues at play involves centuries of public policy decisions made at the local, state, and federal level, which twentieth century legal innovations hastened and curdled into the car culture we are all a part of today. The public authority is the paradigm of these legal innovations, but it has outlived its usefulness in the face climate change and burgeoning issues relating to urbanism.
Windward Woes: The Misalignment Of Economic Incentives And Renewable Energy Development Goals, Matthew S. Edwards
Windward Woes: The Misalignment Of Economic Incentives And Renewable Energy Development Goals, Matthew S. Edwards
Ocean and Coastal Law Journal
Energy tax credits have always been a significant driver of renewable energy development, but the recent Inflation Reduction Act in response to new national development goals represents the most significant change in several decades. The Inflation Reduction Act is certainly a step in the right direction, but there are numerous factors that limit the impact on future developments that should be remedied to allow for the nation’s best chance to reach 2030 renewable energy goals.
30 Years Removed, Oil-Spill Liability Insurance's Evolution Since The 1989 Exxon Valdez Incident, Rejo Mathew
30 Years Removed, Oil-Spill Liability Insurance's Evolution Since The 1989 Exxon Valdez Incident, Rejo Mathew
Ocean and Coastal Law Journal
In the thirty years since the Exxon Valdez incident, much has changed. This article looks back at the events of the accident and the subsequent changes to the marine pollution insurance industry, from the statutes regulating oil tankers in 1989 to the Oil Pollution Act of the 1990. The regulatory framework resulting from the Exxon Valdez is examined and compared to the litigation deriving from the spill.
It's A Soft Shell Life For Me: The Case For Expanding Npdes Permitting To Include Causes Of Ocean Acidification, Natalie L. Nowatzke
It's A Soft Shell Life For Me: The Case For Expanding Npdes Permitting To Include Causes Of Ocean Acidification, Natalie L. Nowatzke
Ocean and Coastal Law Journal
Ocean acidification, a lesser-known counterpart to climate change, is primarily caused by the ocean’s absorption of carbon dioxide from the atmosphere. This absorption, in turn, reduces the ocean’s pH, and has detrimental effects on the health of the entire ecosystem. This Comment examines the applicability of the “functional equivalent test,” coined by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, to the causes of ocean acidification. Using this test, this Comment proposes expanding NPDES permitting under the Clean Water Act to cover some landbased sources emitting carbon dioxide.
Fishing Communities And Public Participation In Federal Decisionmaking: A Case Study Of Community Opposition To The Mid-Barataria Sediment Diversion Project, Stephanie Showalter Otts
Fishing Communities And Public Participation In Federal Decisionmaking: A Case Study Of Community Opposition To The Mid-Barataria Sediment Diversion Project, Stephanie Showalter Otts
Ocean and Coastal Law Journal
In debates surrounding coastal restoration projects, the word “community” is heard frequently. Coastal restoration projects have the potential to affect a wide range of communities, both those which are place-based as well as communities of practice that are not geographically bound. However, the lack of a single, accepted definition of community can lead to faulty assumptions about who is being represented in policy debates which can undermine efforts to build consensus and support for coastal restoration efforts. This Article presents a case study of community conflicts and public participation surrounding a large, controversial coastal restoration project in Louisiana—the Mid-Barataria Sediment …
Editorial Board Vol. 29, No. 1 (2024), Alicia M. Rea Editor-In-Chief
Editorial Board Vol. 29, No. 1 (2024), Alicia M. Rea Editor-In-Chief
Ocean and Coastal Law Journal
No abstract provided.
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins
When Fines Don't Go Far Enough: The Failure Of Prison Settlements And Proposals For More Effective Enforcement Methods, Tori Collins
Maine Law Review
The Eighth Amendment’s Punishments Clause provides the basis on which prisoners may bring suit alleging unconstitutional conditions of confinement. Only a small number of these suits are successful. The suits that do survive typically end in a settlement in which prison authorities agree to address the unconstitutional conditions. However, settlements such as these are easily flouted for two primary reasons: prison authorities are not personally held liable when settlements are broken, and prisoners largely lack the political and practical leverage to self-advocate beyond the courtroom. Because of this, unconstitutional prison conditions may linger for years after prison authorities have agreed …
The Case For Second Chances: A Pathway To Decarceration In Maine, Catherine Besteman, Leo Hylton
The Case For Second Chances: A Pathway To Decarceration In Maine, Catherine Besteman, Leo Hylton
Maine Law Review
The Article argues that Maine incarcerates too many people, for too long, for too many things, at too great of an expense. We offer evidence to support this claim, briefly review some of the criminal legal legislation that shaped our present reality, and show how recent efforts at reform have been, at best, only modestly successful. In concert with a growing number of expert voices across the country calling for strategies of decarceration, our goal is to demonstrate the need for second chance legislation in Maine in the form of the reinstatement of parole, an effective clemency process, a far-reaching …
Getting The Green Light: Renewable Energy As An Internal Tribal Matter, J. Shinay
Getting The Green Light: Renewable Energy As An Internal Tribal Matter, J. Shinay
Maine Law Review
For over forty years the Wabanaki people of Maine have had their sovereignty diminished as a result of the Maine Indian Claims Settlement Act (MICSA), an arrangement with the state and federal government unlike any other tribal sovereignty arrangement in the Unites States. The MICSA was born from a decades-long debate over land rights and resource rights in Maine, culminating in a “compromise” that avoided political conflict at the expense of Wabanaki sovereignty. Under the MICSA, the Wabanaki do not have sovereign status, instead only holding sovereign control over those matters the state deems “internal tribal matters.” Among the many …
The New People V. Collins: How Can Probabilistic Evidence Be Properly Admitted?, David Crump
The New People V. Collins: How Can Probabilistic Evidence Be Properly Admitted?, David Crump
Maine Law Review
The California Supreme Court’s decision in People v. Collins is a staple in Evidence casebooks. An innovative assistant district attorney in the trial court had presented a mathematician who applied probabilities to questions about the perpetrators’ characteristics. The state supreme court disapproved the injection of an equation featuring what mathematicians call the “product rule.” The opinion contains thank-goodness-we-escaped-that-disaster reasoning and condemnation of this use of mathematics with probabilities. But the court’s analysis probably would be different if the case were decided today, as the “new” People v. Collins. Therefore, this Article considers what the author calls the new People v. …
Power V. Power: Federal Pattern-Or-Practice Enforcement Actions Applied To Local Prosecutors, Thomas P. Hogan
Power V. Power: Federal Pattern-Or-Practice Enforcement Actions Applied To Local Prosecutors, Thomas P. Hogan
Maine Law Review
One of the most powerful tools available to the United States Department of Justice (DOJ) to stop abuses in the criminal justice system is the federal pattern-or-practice statute, which allows DOJ to bring an enforcement action to prevent discriminatory conduct by government agencies. The most powerful actor in the criminal justice system is the district attorney, the local prosecutor who is at the center of the system. Does DOJ’s pattern-or-practice enforcement authority extend to local prosecutors? This crucial question remains unresolved in formal precedent and has not been addressed in the relevant literature. This Article explores the issue in detail, …
Editorial Board Vol. 76 No. 1 (2024), Lisa A. Prosienski Editor-In-Chief
Editorial Board Vol. 76 No. 1 (2024), Lisa A. Prosienski Editor-In-Chief
Maine Law Review
No abstract provided.
Foreword, Scott Bloomberg, Kelsey Kenny
Foreword, Scott Bloomberg, Kelsey Kenny
Student Journal of Information Privacy Law
Welcome to the first paginated edition of the Student Journal of Information Privacy Law (SJIPL). A group of students at the University of Maine School of Law founded the SJIPL during the fall 2021 semester with the aim of establishing an outlet for student-authored scholarship about information privacy law. Following its formation, the Journal began publishing monthly editions comprised of shorter-form blog posts and more formal academic papers. The Maine Law faculty voted to formally recognize the SJIPL as the school’s third law journal in fall 2022, and the Journal’s editorial staff began working towards publishing its inaugural paginated edition …
Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora
Revenge Porn: The Result Of A Lack Of Privacy In An Internet-Based Society, Shelbie M. Mora
Student Journal of Information Privacy Law
Nonconsensual pornography, also referred to as revenge porn, is “the distribution of sexual or pornographic images of individuals without their consent.”1 Forty-six U.S. states, the District of Columbia, and the U.S. territory of Puerto Rico have adopted revenge porn laws. However, there is no federal law in place that prohibits revenge porn. Several countries around the world have chosen to adopt revenge porn statutes to protect individuals’ privacy rights and prevent emotional and financial harm. Revenge porn is primarily a large issue for women given that they are overwhelmingly the target.2 Major ramifications can amount to victims who have had …
Leaning Into Chaos (Child’S Health And Online Safety Act): Revision To Ftc’S Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz
Leaning Into Chaos (Child’S Health And Online Safety Act): Revision To Ftc’S Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz
Student Journal of Information Privacy Law
A wise author once wrote, “I know, up top you are seeing great sights, but down here at the bottom we, too, should have rights.”1 Dr. Suess not only understood the importance of inspiring children, but believed it was essential to teach children valuable life lessons. As more children continue to stray away from reading as their source of entertainment, children are more likely to become fascinated by the beauty of the internet. Although the internet’s capabilities may positively impact children, there are also adverse effects through the use of the internet’s products, services, and content. Many companies, individuals (such …
Editorial Board Vol. 1 No. 1 (2023), Hannah Babinski Editor-In-Chief
Editorial Board Vol. 1 No. 1 (2023), Hannah Babinski Editor-In-Chief
Student Journal of Information Privacy Law
masthead
The Illinois Biometric Privacy Act: History, Developments, And Adapting Protection For The Future, Margaret M. O'Neil
The Illinois Biometric Privacy Act: History, Developments, And Adapting Protection For The Future, Margaret M. O'Neil
Student Journal of Information Privacy Law
Biometric technology, used to identify individuals based on their unique, unchangeable attributes such as fingerprints, face prints, and retinas, has grown in use over the last five to ten years as biometrics are incorporated into popular devices and different areas of our lives.1 Today, many people around the world use their face or their thumbprint as a password to unlock their smartphone or complete transactions, and many others use the technology to clock in at work, to see who rang their doorbell at home, or to access secure facilities.
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan
Maine Law Review
In Oklahoma v. Castro-Huerta, the Supreme Court held that states have inherent authority to prosecute crimes committed by non-Indians in “Indian country.” Only two years earlier, the Court in McGirt v. Oklahoma held that most of eastern Oklahoma was Indian country, and thus immune from any state criminal jurisdiction. Castro-Huerta limited this immunity and narrowed the Court’s view of tribal sovereignty as a whole. The majority represented the Court’s originalist faction—minus Justice Gorsuch, who had penned both the majority opinion in McGirt and the dissent in Castro-Huerta. The majority and dissent disagreed over whether federal statutes preempted Oklahoma’s criminal jurisdiction. …
The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement, Nicole Friederichs
The Growing List Of Reasons To Amend The Maine Indian Jurisdictional Agreement, Nicole Friederichs
Maine Law Review
The Passamaquoddy Tribe and the Penobscot Nation brought their lands claims against the State of Maine in an effort to reclaim taken lands, to ensure that they could self-determine their futures and to hold on to their cultures and languages. What they faced were a state and federal governments opposed to such a goal. With favorable court decisions in hand, the Tribes began the long process of negotiating for the financial restitution of those claims. They learned, however, that restitution—the recovery of a small portion of their traditional territories—would only be possible if an agreement was made with the State …
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher
Maine Law Review
In the 1970s Native activists realized that states were removing Native children from their families at disproportional rates when compared to non-Native children. The activists pushed for the enactment of the Indian Child Welfare Act, which became law in 1978. The law increases the burden on states before Native children can be taken from their families. As part of a larger movement to attack the Equal Protection Clause in the courts, Haaland v. Brackeen reached the Supreme Court in 2022. The plaintiffs in Brackeen argue that the Indian Child Welfare Act is unconstitutional for a variety of reasons, including that …
One Nation, Under Fraud: A Remonstrance, Hon. Donna M. Loring, Hon. Eric M. Mehnert, Joseph G.E. Gousse Esq.
One Nation, Under Fraud: A Remonstrance, Hon. Donna M. Loring, Hon. Eric M. Mehnert, Joseph G.E. Gousse Esq.
Maine Law Review
This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses by the State are glaringly obvious, a cohesive modern narrative that incorporates Maine’s history of predation upon and mistreatment of the tribes has remained poorly defined from an historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the Wabanaki tribes and endeavors to excavate the hidden historical narrative of the calculated politico-legal regime that has for …
The Dark Matter Of Federal Indian Law: The Duty Of Protection, Matthew L.M. Fletcher
The Dark Matter Of Federal Indian Law: The Duty Of Protection, Matthew L.M. Fletcher
Maine Law Review
The United States and every federally recognized tribal nation originally entered into a sovereign-to-sovereign relationship highlighted by the duty of protection, an international customary law doctrine in which a larger, stronger sovereign, America in this case, agrees to “protect” the small, weaker sovereign, in this case, tribal nations. America agreed to this in exchange for massive, occasionally unquantifiable amounts of land and resources, as well as the power to control the external sovereign relations of the protected sovereign. The smaller sovereigns received protected reservation lands, hunting and fishing rights, small cash infusions, and the vague promise of protection. What tribal …
Symposium Keynote: "Isolation And Restraint: Maine's Unique Status Outside Federal Indian Law", Michael-Corey Francis Hinton
Symposium Keynote: "Isolation And Restraint: Maine's Unique Status Outside Federal Indian Law", Michael-Corey Francis Hinton
Maine Law Review
No abstract provided.
What’S In A (Course) Name?, Robert M. Jarvis
What’S In A (Course) Name?, Robert M. Jarvis
Ocean and Coastal Law Journal
Law professors rarely give much thought to the names of their courses. This is a big mistake, for a course’s name can greatly influence a course’s enrollment. In this brief essay, the author details how he revived his struggling Admiralty course by changing its name to “Maritime Law.”
Inadequate Documentation, Communication, And Regulation: How Noaa And Aphis Have Failed Marine Mammals, Mckenzi L. Stevens
Inadequate Documentation, Communication, And Regulation: How Noaa And Aphis Have Failed Marine Mammals, Mckenzi L. Stevens
Ocean and Coastal Law Journal
Marine mammals have been used in the U.S. entertainment system for several decades. While they were first acquired through capture from the wild, the trade and birth of marine mammals in facilities of public display – zoos and aquariums – has boomed. Since the early 1940s, the National Oceanic and Atmospheric Administration has been tasked with maintaining the record of each marine mammal under U.S. ownership. However, documentation has been improperly maintained, leading to inaccurate data, and even the “misplacement” of marine mammals. This is largely due to the lack of communication of the Animal and Plant Health Inspection Service, …
Jonesing To Repeal The Jones Act, Andrés A. Kenney
Jonesing To Repeal The Jones Act, Andrés A. Kenney
Ocean and Coastal Law Journal
The Jones Act—the title for a series of laws—is the backbone of American cabotage laws, and yet, it is rarely talked about in mainstream American discourse. The original Jones Act was enacted in 1920, and since 1920, it has not changed to any measurable degree. The Jones Act requires that all domestic maritime shipping—movement of merchandise from one U.S. point to another U.S. point—be completed by ships that are owned by U.S. citizens, operated by U.S. citizen crews, built in the U.S., and flagged by the U.S. These requirements have hampered the American economy, its security, and the maintenance of …
Fishing Against The Wind: The Federal Government’S Obligation To Consider And Mitigate Fishing Impacts From Offshore Wind Development On The Outer Continental Shelf, Benjamin B. Algeo
Fishing Against The Wind: The Federal Government’S Obligation To Consider And Mitigate Fishing Impacts From Offshore Wind Development On The Outer Continental Shelf, Benjamin B. Algeo
Ocean and Coastal Law Journal
As offshore wind development activity increases along the East Coast of the United States, commercial fishing groups have raised concerns about potential impacts on their operations. This comment examines the Bureau of Ocean Energy Management’s legal obligation under the Outer Continental Shelf Lands Act to consider these concerns and mitigate potential impacts during the offshore wind leasing process. The comment concludes that the Act does require the Bureau to both consider any potentially affected fishing uses and to prevent impacts to “reasonable uses,” though the Bureau has significant discretion to determine what constitutes a “reasonable use.”
Pointing Fingers At Nonpoint Source Polluters: How A Coastal Nonpoint Pollution Control Program Could Influence Forestry Practices In Oregon’S Coastal Zone, Brenden Kaze Catt
Pointing Fingers At Nonpoint Source Polluters: How A Coastal Nonpoint Pollution Control Program Could Influence Forestry Practices In Oregon’S Coastal Zone, Brenden Kaze Catt
Ocean and Coastal Law Journal
The Clean Water Act regulates the discharge of pollutants into waters of the United States. Despite nonpoint pollution accounting for most water pollution, the Clean Water Act has few mechanisms to address such pollution. For coastal communities, this is of particular concern. Indeed, this concern facilitated a regulatory regime under the Coastal Zone Management Act and, subsequently, the Coastal Zone Act Reauthorization Amendments. These acts use established coastal management programs as a regulatory vehicle to drive nonpoint pollution mitigation in the coastal zone through the implementation of a Coastal Nonpoint Pollution Control Program. Oregon has an established coastal management program. …
Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny
Maine Law Review
Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …
What's Love Got To Do With It? Redefining Domestic Violence To Close Federal Firearm Loopholes, Cecilia Shields-Auble
What's Love Got To Do With It? Redefining Domestic Violence To Close Federal Firearm Loopholes, Cecilia Shields-Auble
Maine Law Review
Closing the “boyfriend loophole” by expanding the definition of a misdemeanor crime of domestic violence to include the abuse of “dating partners” further entrenches the law into an unworkable quasi-marital framework rooted in an antiquated understanding of domestic violence. The federal firearm prohibition would more effectively target high-risk offenders if 18 U.S.C. § 921(a)(33)(A) were revised to eliminate the quasi-marital framework and reflect a modern understanding of the power and control dynamics involved in intimate partner violence. This Comment begins by summarizing the emergence of federal domestic violence law and describing the limitations of the Lautenberg Amendment. It then examines …