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Articles 31 - 60 of 711
Full-Text Articles in Law
Our Biggest Fans: Nuisance Immunity For Grid-Scale Wind Energy Projects In Maine, Andrew D. Hersom
Our Biggest Fans: Nuisance Immunity For Grid-Scale Wind Energy Projects In Maine, Andrew D. Hersom
Maine Law Review
Global climate change and its attendant impacts threaten to change life on Earth as we know it. The sea level rise that comes with rising temperatures is an issue of particular importance to coastal states like Maine. Thankfully, continued investment in renewable energy technology is beginning to make certain renewable energy sources competitive with their nonrenewable counterparts. This Comment highlights wind energy as a particularly effective option for meeting Maine’s energy needs while significantly reducing the harmful greenhouse gas emissions that contribute to climate change. Despite its many benefits, wind energy technology still has its detractors. Wind energy projects (especially …
Contracts For Cohabitating Romantic Partners, Bailey D. Barnes
Contracts For Cohabitating Romantic Partners, Bailey D. Barnes
Maine Law Review
Marriage rates in the United States are at record lows; meanwhile, more couples are choosing to live together outside of marriage. Despite the changing landscape of romantic relationships, the law of nonmarriage has not kept pace. Rather than having a coherent, majority rule approach, the individual states have employed differing methods of providing for property distribution at the end of a long-term unmarried cohabitation. Unfortunately, absent the formal protections offered by marriage for both parties following a divorce, many cohabitants are at risk of suffering inequitable property distribution following the termination of a cohabitation. This Article proposes that states uniformly …
Dabus, An Artificial Intelligence Machine, Invented Something New And Useful, But The Uspto Is Not Buying It, Trevor F. Ward
Dabus, An Artificial Intelligence Machine, Invented Something New And Useful, But The Uspto Is Not Buying It, Trevor F. Ward
Maine Law Review
U.S. patent laws are designed to promote science and the useful arts. They grant temporary monopoly rights to inventors in order to incentivize inventive activity. In the United States, patent rights revolve around the inventor. However, what happens when an Artificial Intelligence (AI) machine invents? Who deserves monopoly rights to the invention? Who will be incentivized by such monopolies? Do U.S. laws protect companies’ investments in AI? In 2019, for the first time in history, an AI machine called DABUS was listed as an inventor on two U.S. patent applications. The United States Patent and Trademark Office denied the applications, …
Governance Of Ocean-Based Carbon Dioxide Removal Research Under The United Nations Conventions On The Law Of The Sea, Wil Burns
Maine Law Review
There has been a spate of research in recent years indicating that achievement of the temperature objectives of the Paris Agreement can only be effectuated through both aggressive decarbonization of the global economy and large-scale deployment of so-called carbon dioxide removal (CDR) approaches. While much of the early focus of CDR research was on terrestrial options, such as afforestation, direct air capture, and bioenergy with carbon capture and storage, more recently, many in the scientific and policy community have increasingly focused on potential ocean-based approaches, including ocean fertilization, ocean alkalinity enhancement, macroalgae harvesting, and ocean upwelling and downwelling. However, while …
Primacy In Theory And Application: Lessons From A Half-Century Of New Judicial Federalism, Catherine R. Connors, Connor Finch
Primacy In Theory And Application: Lessons From A Half-Century Of New Judicial Federalism, Catherine R. Connors, Connor Finch
Maine Law Review
In his 1977 article, State Constitutions and the Protection of Individual Rights, Justice Brennan famously reminded jurists that our governmental system includes two constitutions applicable to each state, and New Judicial Federalism was born. Since then, state courts have applied their own Bills of Rights using different approaches with varying degrees of enthusiasm. The primacy approach, requiring state courts to consider the state constitution first, and turning to the federal constitution only if needed to resolve the case, is theoretically optimal but inconsistently followed, even in the few jurisdictions professing to adopt that approach. This Article posits that the reason …
Does The Constitution Allow Private Companies To Use Eminent Domain Against A State? Penn East Pipeline Co., Llc V. New Jersey, Crystal J. Anthony
Does The Constitution Allow Private Companies To Use Eminent Domain Against A State? Penn East Pipeline Co., Llc V. New Jersey, Crystal J. Anthony
Ocean and Coastal Law Journal
In 2021 the United States Supreme Court decided in the case PennEast Pipeline Co. v. New Jersey that Section 717(h) of the Natural Gas Act authorized the Federal Energy Regulatory Commission (FERC) to delegate the government’s eminent domain power to private companies. The Court’s decision allows a private company to condemn all “necessary rights-of-way,” whether privately-owned or state-owned land. This case note explores the history of the government’s eminent domain power and the states’ Eleventh Amendment immunity from lawsuits. The majority opinion in PennEast reasoned that the states waived their sovereign immunity at the ratification of the Constitution. Thus, according …
Maine Lobstermen And The North Atlantic Right Whale: The Ongoing Conflict And The Obvious Solution, Allison K. Briggs
Maine Lobstermen And The North Atlantic Right Whale: The Ongoing Conflict And The Obvious Solution, Allison K. Briggs
Ocean and Coastal Law Journal
The majestic North Atlantic right whale is on the brink of extinction. With fewer than seventy breeding females left, every loss contributes to a decrease in biodiversity and brings us closer to an unrecognizable planet. Like most critically endangered species, the plummeting number of North Atlantic right whales is a direct result of human activity. Specifically, gear used by the lobster fishing industry is entangling and killing right whales off the coast of Maine. The federal Endangered Species Act, meant to protect vulnerable species like the North Atlantic right whale, is violated every time the State of Maine permits Maine …
United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman
United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman
Maine Law Review
People who use drugs are dying at an unprecedented rate. However, many of these deaths can be prevented. When a person experiencing an opioid overdose is timely treated with naloxone and oxygen the overdose is reversed. Access to a supervised consumption site—a place where people can use pre-obtained drugs in the safety and presence of others—ensures that when a person overdoses, they receive this life-saving treatment. In response to a proposed supervised consumption site in Philadelphia, the Department of Justice sued to prevent it from opening. The government claimed that the facility, called “Safehouse,” would violate 21 U.S.C. § 856(a)(2) …
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
Maine Law Review
While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental and physiological challenges as …
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook
Maine Law Review
When someone presents to an emergency room with a mental illness manifesting in danger to themselves or others, they can be admitted against their will on an emergency basis to inpatient mental health care through a process colloquially known as a Blue Paper application. However, when an inpatient bed is not immediately available, patients are “boarded” against their will in emergency rooms with little to no therapeutic care, sometimes for several weeks at a time before they are transferred to inpatient care, or their condition stabilizes enough for them to be discharged into the community. In February 2020, a man …
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles
Maine Law Review
Multiple nations within the Wabanaki Confederacy, including the Maliseet Nation, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, were signatories to the July 19, 1776 Treaty of Watertown, which was the first ever treaty entered into by the United States of America following the Declaration of Independence. Following the Treaty of Watertown, Wabanaki warriors served directly under General George Washington and made critical contributions in support of the Americans’ Revolutionary War. Such contributions were made based on the Americans’ promise that the Wabanaki Nations’ lands, natural resources, and traditional ways of life would be forever protected by the fledgling United States. …
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Maine Law Review
The myth that asylum laws were once more equitable and humanitarian is belied by the reality of the system’s racist origins. This Essay explains that the U.S. asylum system, like much of the U.S. immigration system, was designed to disadvantage people of color. Indeed, although former President Trump’s reference to Haiti, El Salvador, and African nations as “shithole countries” while advocating for immigration from “countries like Norway” exacerbated systemic challenges, racism has been deeply ingrained in the U.S. asylum system since its inception. Not only do U.S. laws and policies have a disparate impact on black asylum seekers but, when …
Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal
Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal
Maine Law Review
A judge may appoint a guardian for an adult who does not have the capacity to make decisions affecting their own health or welfare. However, the power of the guardian—while intended to serve a protective function—potentially invites financial, physical, and emotional abuse of the most vulnerable members of society. To help a probate judge understand the circumstances of a guardianship and the need for protection, probate courts in Maine appoint a “visitor” to interview both the person allegedly in need of a guardianship and the proposed guardian. The visitor submits a report to the court which contains the visitor’s observations, …
Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera
Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera
Maine Law Review
Cisgender same-sex male married couples, unlike cisgender opposite-sex married couples, will always require artificial reproductive technology (ART) for at least one of the spouses to attain biological parenthood. Due to legal and financial barriers to ART, many of these couples turn to international ART services to grow their families. In doing so, these families may face immigration battles when they apply for recognition of their child’s United States citizenship. For example, a prior State Department policy sparked three lawsuits after the State Department refused to recognize children as United States citizens from birth because the children were not biologically related …
Narrowing Data Protection's Enforcement Gap, Filippo Lancieri
Narrowing Data Protection's Enforcement Gap, Filippo Lancieri
Maine Law Review
The rise of data protection laws is one of the most profound legal changes of this century. Yet, despite their nominal force and widespread adoption, available data indicates that these laws recurrently suffer from an enforcement gap—that is, a wide disparity between the stated protections on the books and the reality of how companies respond to them on the ground. Indeed, Appendix I to this Article introduces a novel literature review of twenty-six studies that analyzed the impact on the ground of the GDPR and the CCPA: none found a meaningful improvement in citizen’s data privacy. This raises the question: …
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Maine Law Review
Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …
Editorial Board Vol. 74 No. 1 (2022), Blake E. Mccartney Editor-In-Chief
Editorial Board Vol. 74 No. 1 (2022), Blake E. Mccartney Editor-In-Chief
Maine Law Review
No abstract provided.
Toxic Public Goods, Brian L. Frye
Toxic Public Goods, Brian L. Frye
Maine Law Review
Everybody loves public goods. After all, they are a perpetual utility machine. Obviously, we want as many of them as possible. But what if the consumption of a public good actually decreases net social welfare? I refer to this kind of public good as a "toxic public good." In this essay, I discuss three kinds of potential toxic public goods: trolling, pornography, and ideology, and I reflect on how we might make the production of toxic public goods more efficient.
“Subject To The Jurisdiction Of The United States” Statutory Reach Or Subject Matter Jurisdiction?: Analysis Of United States V. Prado, Ellex N. Loper
“Subject To The Jurisdiction Of The United States” Statutory Reach Or Subject Matter Jurisdiction?: Analysis Of United States V. Prado, Ellex N. Loper
Ocean and Coastal Law Journal
This Note analyzes, in the context of United States v. Prado, whether under the Maritime Drug Law Enforcement Act, the phrase “subject to the jurisdiction of the United States” implicates subject matter jurisdiction. The Second Circuit in Prado held that subject to the jurisdiction of the United State does not implicate subject matter jurisdiction. The Fifth, Eleventh and D.C. Circuit have held otherwise. This Note ultimately concludes that clarification is needed to resolve this split and the clarification should align with the Second Circuit.
Confronting Coastal Flood Risks In Portland, Me, Katherine C. Skinner
Confronting Coastal Flood Risks In Portland, Me, Katherine C. Skinner
Ocean and Coastal Law Journal
Sea level rise, increasing and intensifying storms, and subsequent flooding resulting from climate change pose significant and imminent danger to coastal communities. An examination of Portland, Maine, a coastal city in New England, provides an opportunity to address challenges related to flooding concerns resulting from climate change and to consider strategies that could be helpful for other similarly situated communities.
Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan
Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan
Maine Law Review
Citizen initiatives and referendums are important tools for participatory democracy. Because initiatives often concern contentious public policy matters, opponents of pending initiatives have at times turned to the courts to prevent particular initiatives from appearing on upcoming ballots. Courts typically will adjudicate such pre-election challenges when plaintiffs assert the proscribed procedural requirements for voting on an initiative have not been met or when plaintiffs allege an initiative’s subject-matter is outside the constitutionally delineated scope of permissible initiative content. However, because of the ripeness justiciability doctrine that requires a concrete, certain, and immediate legal problem, courts generally will not adjudicate pre-election …
Legal Barriers To Tribal Jurisdiction Over Violence Against Women In Maine: Developments And Paths Forward, Nina J. Ciffolillo
Legal Barriers To Tribal Jurisdiction Over Violence Against Women In Maine: Developments And Paths Forward, Nina J. Ciffolillo
Maine Law Review
After claiming title to the land now widely known as the United States, colonizers and settlers imposed a legal system that denies Indigenous nations agency. The United States government has launched a steady attack on attributes of Tribal sovereignty since its inception. The sexism entangled with colonialism encourages violence against women, and limitations on Tribal jurisdiction leave Indigenous nations without adequate recourse for violence against women on their land. Violence against women has become an epidemic in Indian Country, and most aggressors come from outside the territory. In 2013 when Congress granted tribes limited criminal jurisdiction over nonmembers on Tribal …
A Case Against School Choice: Carson Ex Rel. O.C. V. Makin And The Future Of Maine's Nonsectarian Requirement, Blake E. Mccartney
A Case Against School Choice: Carson Ex Rel. O.C. V. Makin And The Future Of Maine's Nonsectarian Requirement, Blake E. Mccartney
Maine Law Review
School choice advocates, such as the nonprofit libertarian law firm, The Institute for Justice, have spent decades arguing that states violate the Free Exercise Clause when they exclude private religious schools from public programs that otherwise provide public dollars to non-religious private schools. Recently, in Espinoza v. Montana Department of Revenue, the Supreme Court effectively agreed with that sentiment. After this victory, the Institute for Justice returned to the state of Maine to represent three sets of parents in a renewed effort to defeat Maine’s nonsectarian requirement in federal court. Maine’s nonsectarian requirement provides that private religious schools may not …
National Security Rules: America's Constitution Of Law And War, Kyle L. Greene
National Security Rules: America's Constitution Of Law And War, Kyle L. Greene
Maine Law Review
Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion sacrifices the lessons of practice in search of steadfast, yet empty, principles. Even beyond the practical failings of this approach, there is no constitutional basis for the notion that either Congress or the President has a singular, fixed role when dealing with national security issues. In fact, the Founders developed a constitutional structure capable of continually reshaping—within parameters—the government’s division of national security power to match the nation’s security challenges. Rather than scouring the constitutional …
Editorial Board Vol. 73 No. 2 (2021), Maye C. Emlein Editor-In-Chief
Editorial Board Vol. 73 No. 2 (2021), Maye C. Emlein Editor-In-Chief
Maine Law Review
No abstract provided.
The Development And The Future Of Privacy In Maine, Scott P. Bloomberg
The Development And The Future Of Privacy In Maine, Scott P. Bloomberg
Maine Law Review
In the United States, privacy law has traditionally developed in concert with intrusions created by newfangled technologies. This pattern has held true in Maine. Beginning in the late 1960s, the state has experienced three eras of privacy reform that track the technological advances of the mid-century, the internet era, and the new era of social media and big data. This Article details these three eras of reform and advances several proposals for responding to the challenges posed by the era that we are living through today. Indeed, at the beginning of the 2020s, there is much work on the horizon …
Editorial Board Vol. 73 No. 1 (2020), Maye C. Emlein Editor-In-Chief
Editorial Board Vol. 73 No. 1 (2020), Maye C. Emlein Editor-In-Chief
Maine Law Review
No abstract provided.
Rising To The Challenge: Managed Retreat And The Taking Clause In Maine's Climate Change Era, Maye C. Emlein
Rising To The Challenge: Managed Retreat And The Taking Clause In Maine's Climate Change Era, Maye C. Emlein
Maine Law Review
It is a near scientific certainty that sea levels will rise between one and eight feet by the end of the century. This will wreak havoc on our infrastructure, ecology, and public health, and cause an unquantifiable amount of economic damage. Given the inevitability of sea level rise, state and local governments must facilitate the managed retreat of people and property away from vulnerable coastal areas. However, governments’ ability to facilitate managed retreat comes head-to-head with the Takings Clauses of the United States and Maine Constitutions, which state that the government may not take private property without paying just compensation. …
(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling
(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling
Maine Law Review
Campus sexual assault grievance procedures, governed by Title IX, have become a hotspot for recent debates about the contours of due process on college campuses. The Obama administration substantially revised Title IX grievance procedures to encourage reporting and adjudication of campus sexual assaults. Less than a decade later, the Trump administration rolled out its own Title IX guidance to undo many of those requirements, in the name of enhancing due process protections for accused students. One particularly controversial new requirement in the 2020 Title IX regulations is for adversarial cross-examination. This Comment argues that adversarial cross-examination in campus sexual assault …
Substance Use As A Second Class Disability: A Survey Of The Ada's Disarmament Of Individuals In Recovery, Ryan Schmitz
Substance Use As A Second Class Disability: A Survey Of The Ada's Disarmament Of Individuals In Recovery, Ryan Schmitz
Maine Law Review
The Americans with Disabilities Act and Fair Housing Act are landmark statutes that afford essential protections to individuals with disabilities in the foundational areas of everyday life. Despite their recognition of substance use disorders as disabilities, these statutes deny protection to individuals who are either in active use or in the early stages of their recovery. This Article explores the dangers posed by the “current use exception” and surveys the case law to determine the extent of the harms done to individuals with disabilities who seek to vindicate the rights purportedly guaranteed to them by the Americans with Disabilities Act …