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Articles 331 - 351 of 351
Full-Text Articles in Law
Exhausted Yet? Stephens V. Pension Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spotts
Exhausted Yet? Stephens V. Pension Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spotts
Maine Law Review
By 1974, the U.S. Congress recognized that employer-provided retirement pension plans had “become an important factor affecting the stabilization of employment and the successful development of industrial relations” and enacted the Employee Retirement Income Security Act (ERISA) with the aim of protecting “the interests of participants in employee benefit plans and their beneficiaries.” In enacting ERISA, Congress established “standards of conduct, responsibility, and obligation[s] for fiduciaries of employee benefit plans” and provided for “appropriate remedies, sanctions and ready access to the Federal courts.” Apart from creating federal causes of action to ensure efficient and equitable administration of private pension plans, …
The Road Less Travelled: The Maine Energy Cost Reduction Act, Economic Federalism, And A Modern Approach To Preemption Analysis Under The Natural Gas Act Of 1938, Benjamin T. Mccall
The Road Less Travelled: The Maine Energy Cost Reduction Act, Economic Federalism, And A Modern Approach To Preemption Analysis Under The Natural Gas Act Of 1938, Benjamin T. Mccall
Maine Law Review
The saying “you can’t get there from here” is as authentically Maine as blueberries or lobster. Made famous in the mid-20th century by the storytelling troupe Bert and I, the colloquial phrase typifies the quirkiness and with that one often encounters north and east of the New Hampshire border. Despite the attempt at humor, the saying is apropos when one considers Maine’s position in both New England and the country. Being at the end of the line certainly has its advantages, among them being hundreds of square miles of untamed forest, and a bevy of natural resources that provide both …
Presidential Fiscal Accoutability Following The Budget Act Of 1974, Louis Fisher
Presidential Fiscal Accoutability Following The Budget Act Of 1974, Louis Fisher
Maine Law Review
In response to the claim by President Nixon that he possessed independent authority to refuse to spend appropriated funds, Congress passed the Budget Act of 1974 to limit impoundment actions and revise the legislative budget process. The objective was to strengthen congressional power over the President, but in practice the new system held a potential for increased executive. Precisely that took place during the administration of Ronald Reagan. The result: a loss of budget control and a tripling of the national debt during his two terms in office. Overall, the new budget process has substantially reduced the President’s accountability in …
Remembering Ed Muskie: His Commitment And Contributions To Civil Access To Justice, Andrew M. Mead
Remembering Ed Muskie: His Commitment And Contributions To Civil Access To Justice, Andrew M. Mead
Maine Law Review
It is a special honor and pleasure to speak to you today about Ed Muskie and his enduring contribution to the cause of equal access to justice. I am the current Chair of Justice Action Group, an organization that traces its roots directly to Senator Muskie’s efforts in the late 1980s. JAG, as it is known, continues to keep his vision alive. I will speak more about JAG in a moment, but first some brief reminiscences. In the late 1980s, I was a member of the Commission chaired by Senator Muskie that conducted the first comprehensive legal needs study in …
Legal Aid And Legal Services: An Overview, Howard Dana
Legal Aid And Legal Services: An Overview, Howard Dana
Maine Law Review
You have asked me to summarize in under ten minutes the entire history of civil legal aid and civil legal services to the poor since the beginning of recorded history. I hope in this undertaking not to slight the substantial contributions of many of this room. Legal aid to the poor for all but the last fifty years has been almost exclusively the responsibility of the private bar. Dating back to at least the fourteenth century it was understood that in exchange for the privilege of being a compensated advocate in court, a lawyer had the responsibility to devote some …
The Legacy Of Senator Edmund Muskie, Robert E. Hirshon
The Legacy Of Senator Edmund Muskie, Robert E. Hirshon
Maine Law Review
I am delighted to be with you this morning. My relationship with Senator Edmund Muskie actually predated my birth. It arose from my grandfather’s ownership of a building in Waterville, Maine. On the ground floor was a dry goods and clothing store operated by my grandparents and frequently visited by Jane Gray, the future wife of Edmund Muskie. On one of the upper floors in the building was a small office that my grandfather had rented to an aspiring young lawyer who had recently graduated from Cornell Law School and had returned to Maine to practice law. That young lawyer …
Urban Development Legislation For Cities, By Cities, Kellen Zale
Urban Development Legislation For Cities, By Cities, Kellen Zale
Maine Law Review
Thank you so much for inviting me to speak as part of this symposium. It is a great honor to be here in the company of such distinguished speakers to learn about the impressive legacy of Senator Muskie. My presentation today connects the legacy of Senator Muskie, and specifically, his work on urban development and Model Cities, to contemporary urban development legislation. Thus, this presentation picks up where my co-panelist, Don Nicoll, left off, by considering how the Model Cities legacy is both a foundation of and a counterpoint to contemporary urban development policies and programs. While urban development legislation …
Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll
Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll
Maine Law Review
The odd couple partnership of Senator Edmund S. Muskie and President Lyndon B. Johnson in the passage of the Demonstration Cities and Metropolitan Development Act of 1966 is a story with several subplots and insights into their different approaches to the art of democratic governance. For Senator Muskie, the president’s proposal was based on valid concepts, but he doubted the legislation’s viability in the Senate and he had serious reservations about its timeliness and capacity to address the problems the legislation was supposed to solve. The President was determined that the ambitious initiative, developed by a secret task force he …
Edmund Muskie's Creative Federalism And Urban Development Today, Peter Pitegoff
Edmund Muskie's Creative Federalism And Urban Development Today, Peter Pitegoff
Maine Law Review
How fitting it is to view urban development policy today with reference to Edmund Muskie and his role as U.S. Senator from Maine in the 1966 enactment of the Model Cities Program. The University of Maine School of Law is honored that the Maine Law Review 2014 symposium is part of this centennial celebration of Ed Muskie’s life and work. His wide-ranging career brought Muskie from Maine—where he served as state legislator and Governor—to national and global affairs as Senator, Secretary of State, and Vice Presidential nominee, and in other prominent leadership roles. We are fortunate to welcome Don Nicoll …
Senator Edmund Muskie's Enduring Legacy In The Courts, Richard J. Lazarus
Senator Edmund Muskie's Enduring Legacy In The Courts, Richard J. Lazarus
Maine Law Review
More than any other legislator in the nation’s history, Senator Ed Muskie is environmental law’s champion. Over forty years ago, Muskie helped secure passage of an extraordinary series of ambitious and demanding air and water pollution control laws that sought no less than to redefine the relationship of humankind here in the United States to our natural environment. The upshot has been the nation’s enjoyment, for more than four decades, of enormous economic growth without the kind of accompanying environmental destruction witnessed during the same time period in the nations lacking such controls. While President Richard Nixon is properly credited …
Edmund S. Muskie: A Man With A Vision, Leon G. Billings
Edmund S. Muskie: A Man With A Vision, Leon G. Billings
Maine Law Review
At Senator Muskie’s funeral I noted that I had been on his staff for fifteen years, but had worked for him for thirty. In a way I am still working for him, or at lease, because of him. This fall my colleague and minority counsel, Tom Jorling, and I are team-teaching a course entitled “Origins of Environmental Law” at Columbia University. Preparing for that course, reading old memos to the Senator, re-reading his floor statements, interrogatories, and speeches and going back to the transcripts of Subcommittee discussion has been revealing, inspiring, and refreshing. I am not sure that, at the …
Edmund S. Muskie: The Environmental Leader And Champion, Joel K. Goldstein
Edmund S. Muskie: The Environmental Leader And Champion, Joel K. Goldstein
Maine Law Review
Leon Billings has referred to Edmund S. Muskie as America’s “most important environmental leader”1 and Richard Lazarus has called him “environmental law’s champion.”2 Indeed he was. Their essay in this volume make evident Muskie’s enormous and enduring legacy in shaping the environmental laws that have protected health and life for more than forty years and the remarkable extent to which executive agencies and courts continue to look and rely upon the work he did roughly four decades ago. To the extent there are inadequacies in the regulatory regime, Muskie cannot fairly be blamed. He left Congress more than thirty-five years …
Connecting Law And Legislature: The Legacy Of Ed Muskie, Samuel J. Baldwin
Connecting Law And Legislature: The Legacy Of Ed Muskie, Samuel J. Baldwin
Maine Law Review
Edmund Muskie’s work impacts each of our lives, every day. The truth of this statement should become apparent as one explores the topics addressed in this symposium issue of the Maine Law Review, presented in honor of the centennial of Muskie’s birth. And yet, among the great American politicians, he may seem forgotten. His memory is in many ways confined to those who were present for his rise to national prominence in the 1960s, and to those steeped in environmental law, Maine political history, or one of the other fields in which he was most active. I will admit that …
Mayhew V. Hickox: Balancing Maine's Public's Health With Personal Liberties During The Ebola "Crisis", Benjamin W. Dexter
Mayhew V. Hickox: Balancing Maine's Public's Health With Personal Liberties During The Ebola "Crisis", Benjamin W. Dexter
Maine Law Review
By the 1960s, methods in the detection and treatment (and consequently improvements in the survival rates) of infectious diseases had advanced so significantly that "[d]iseases seemed destined to all but disappear." But the reemergence of previously "eradicated" diseases, and the emergence of new diseases that seemed all-but-untreatable, such as Ebola virus, soon put to rest the euphoria of medical advancement. Ebola virus is one of the most dangerous infectious diseases to emerge in the twentieth century, and through media sources, including movies, television shows, and new reporting, has become one of the most feared. Despite public misunderstanding regarding the causes, …
Down The Rabbit Hole: Who Will Stand Up For Software Patents After Alice?, Daniel A. Taylor
Down The Rabbit Hole: Who Will Stand Up For Software Patents After Alice?, Daniel A. Taylor
Maine Law Review
In June 2014, the Supreme Court changed patent law completely when it issued a decision in Alice Corporation v. CLS Bank International. In one fell swoop, the Court cast doubt on the validity and enforceability of hundreds of thousands of issued software and technology patents. Since the Alice decision, federal district courts have applied the Alice test and have already invalidated more than one hundred software patents as a matter of law. This Comment discusses why the Alice decision expands the judicial doctrine of creating "exceptions" to the Patent Act, and shifts the statutory factual inquiry of "obviousness" into a …
Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan
Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan
Maine Law Review
On a late summer afternoon, a boy pilots a small boat toward a deserted beach while another crouches in the bow with an anchor poised and ready. As the boat gently scrapes to a halt, the anchor lands in the wet sand with a dull thud and the two boys splash ashore. Equipped only with peanut butter sandwiches, they set off along the beach looking for tide pools. Behind them, they leave only a few ephemeral footprints--readily erased by the waves. On a bright and clear February morning, a man rides his snowmobile along a well-traveled trail. The scenery flashes …
Experimental Educating In The Classroom: Designing An Administrative Law Practicum Meeting New Aba Requirements And Student Needs, Jeffrey Thaler
Experimental Educating In The Classroom: Designing An Administrative Law Practicum Meeting New Aba Requirements And Student Needs, Jeffrey Thaler
Maine Law Review
In 1992, the American Bar Association ("ABA") published a lengthy report, which became known as the MacCrate report (the "Report"), examining the connection between the profession and legal education.2 In part, the Report recognized the value of a more practice-oriented curriculum that would include a combination of externships, clinics and classroom-based activities. One result of the Report was a significant increase in the number of clinical and externship programs offered by law schools, as well as many more law review articles on such programs. However, the concept of combining experimental educating techniques with traditional doctrinal case method courses utilizing simulations …
Common Sense And The Law Of "Voluntary" Confessions: An Essay, John C. Sheldon
Common Sense And The Law Of "Voluntary" Confessions: An Essay, John C. Sheldon
Maine Law Review
By admitting to the police Inspector that he murdered two people, Raskolnikov delivers literature's mist famous criminal confession. The Inspector has done virtually nothing to procure the confession; all he did was tell Raskolnikov that he knows Raskolnikov committed the murder. The marvel of the Crime and Punishment is its exploration of Raskolnikov's relentless, multi-faceted conscience, which alone drives him to admit his guilt. Would Raskolnikov's confession be admissible under Maine law? It depends. Here, from its 2013 decision in State v. Wiley,2 is how the Maine Supreme Judicial Court, sitting as the Law Court, states the pertinent law: A …
From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith
From Orphans To Families In Crisis: Parental Rights Matters In Maine Probate Courts, Deirdre M. Smith
Maine Law Review
This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine's probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine's probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent's estate to the current scope—a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine's probate courts not adjudicate …
Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux
Lotting Large: The Phenomenon Of Minimum Lot Size Laws, Paul Boudreaux
Maine Law Review
A dominant feature of American metropolitan areas is large lot zoning—the policy through which only house lots of a minimum size are permitted. This practice of "lotting large" contributes greatly to the sprawling nature of American suburbs. By restraining the supply of housing, large lot zoning laws please existing suburban homeowners. But they harm all other segments of the American populace, including the million new households who seek a home in the United States each year. This article explains how courts have been unwilling or unable to impose any meaningful restraints on local governments. It develops a simple economic model …
Editorial Board Vol. 68 No. 1 (2016), Benjamin T. Mccall Editor-In-Chief
Editorial Board Vol. 68 No. 1 (2016), Benjamin T. Mccall Editor-In-Chief
Maine Law Review
No abstract provided.