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Articles 571 - 600 of 627
Full-Text Articles in Law
Fuhrmann V. Staples Office Superstore East, Inc.: A Split In The Law Court As To The Definition Of "Employer" Demonstrates The Need For Legislative Action To Amend The Maine Human Rights Act In Order To Protect Maine Employees, Stephen B. Segal
Maine Law Review
In Fuhrmann v. Staples Office Superstore East, Inc., Jamie Fuhrmann submitted a complaint to the Maine Human Rights Commission (Commission) against her former employer, Staples Office Superstore East, Inc. (Staples), and four of her individual supervisors. After the Commission granted her right to sue, she filed a complaint in court alleging whistleblower retaliation under the Whistleblowers’ Protection Act (WPA) and the Maine Human Rights Act (MHRA), as well as sex discrimination under the MHRA. The Superior Court granted Staples’ motion for summary judgment on all counts, and granted the four supervisors’ motions to dismiss on the grounds that individual supervisor …
Personal Jurisdiction In The Data Age: Macdermid V. Deiter's Adaptation Of International Shoe Amidst Supreme Court Uncertainty, Ryan Almy
Maine Law Review
In MacDermid, Inc. v. Deiter, the Second Circuit held that a Connecticut court may exercise personal jurisdiction over a defendant who allegedly used a computer in Canada to remotely access a computer server located in Connecticut in order to misappropriate proprietary, confidential electronic information belonging to a Connecticut corporation. This Note argues that, given the factual elements before the court, MacDermid was an unsurprising, orthodox, and proper holding in the context of personal jurisdiction jurisprudence. However, the facts in MacDermid, and the corresponding limits inherent in the Second Circuit’s holding, reveal potentially gaping holes in our modern personal jurisdiction framework …
Of Asthma And Ashtrays: Examining The Rights Of And Exploring Ways To Protect Maine Tenants Living In Multi-Unit Rental Housing Who Are Involuntarily Exposed To Secondhand Tobacco Smoke In Their Homes, Amy K. Olfene
Maine Law Review
Toxins found in tobacco smoke are deadly, and there is no safe level of exposure. Secondhand smoke contains over 7,000 chemicals, 69 of which are known to cause cancer in humans. In fact, the U.S. Environmental Protection Agency (“EPA”) has declared secondhand tobacco smoke a Group A carcinogen, a rating “reserved for those compounds or mixtures which have been shown to cause cancer in humans, based on studies in human populations.” Exposure to tobacco smoke can cause a number of diseases and ailments in both smokers and nonsmokers; in addition, such exposure can exacerbate existing illnesses. In the United States, …
The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty
The Post-Crawford Rise In Voter Id Laws: A Solution Still In Search Of A Problem, David M. Faherty
Maine Law Review
In Crawford v. Marion County Election Board, the Supreme Court upheld Indiana’s voter identification law, which required registered voters to present government-issued photo identification at the polls. Instead of applying heighted scrutiny to a law that had an effect on voter qualifications, the Court simply balanced the asserted state interest of protecting the integrity and reliability of elections by preventing voter fraud against the burden imposed on eligible voters who were prevented from voting because they did not possess the required form of photo identification. Not persuaded by the fact that Indiana could not point to a single instance of …
Allocating Power: Toward A New Federalism Balance For Electricity Transmission Siting, Kevin Decker
Allocating Power: Toward A New Federalism Balance For Electricity Transmission Siting, Kevin Decker
Maine Law Review
Expansion and improvement of the nation’s electricity transmission system are crucial for increasing the amount of electricity generated by renewable energy sources. Renewable energy sources, such as wind and tidal, tend to be located far from population centers, and electricity transmission lines must bridge that gap. In addition to its importance for meeting renewable energy goals, a better connected and more robust transmission system also bolsters reliability because it can draw on many generation sources in the event that a generator or segment of the transmission network fails. And transmission facilitates generator competition by making it possible to transport lower-cost …
More Than A Ramble: A Law Student's Review Of Hugh G.E. Macmahon's Progress, Stability, And The Struggle For Equality: A Ramble Through The Early Years Of Maine Law, 1820-1920, Christopher Harmon
More Than A Ramble: A Law Student's Review Of Hugh G.E. Macmahon's Progress, Stability, And The Struggle For Equality: A Ramble Through The Early Years Of Maine Law, 1820-1920, Christopher Harmon
Maine Law Review
Hugh MacMahon’s work, Progress, Stability, and the Struggle for Equality: A Ramble Through the Early Years of Maine Law, 1820–1920, is a thoroughly researched, well-written narrative that provides readers with a glimpse into Maine’s past while making them contemplate legal problems that will persist far into the future. MacMahon maintains a careful balance in his writing, ensuring it is not too dulled down for legal professionals, but not too complex—with superfluous legalese—for laymen. He does a wonderful job introducing legal concepts and demonstrating how those principles were first introduced into the Pine Tree State. Through the use of legal history, …
Election Slapps: Effective At Suppressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah Mcgowan Kelly
Election Slapps: Effective At Suppressing Political Participation And Giving Anti-Slapp Statutes The Slip, Leah Mcgowan Kelly
Maine Law Review
Most states have established an intricate network of rules and procedures that independent candidates need to follow in order to get on the state’s ballot for the presidential election. If a candidate manages to make it onto a state’s ballot, most states also have a mechanism that allows almost anyone to challenge the process the candidate went through to get on the ballot. Citizens can challenge the candidate’s nomination petition, and then appeal the decision on the challenge at several different levels. An independent candidate running for national office can become embroiled in simultaneous petition challenges, and appeals, throughout the …
Teaching The Smartphone Generation: How Cognitive Science Can Improve Learning In Law School, Shailini Jandial George
Teaching The Smartphone Generation: How Cognitive Science Can Improve Learning In Law School, Shailini Jandial George
Maine Law Review
Today’s law student enters law school as a digital native, constantly “plugged in” and accessing information at a moment’s notice, often during class time itself. Yet scholars agree that these students are entering law school with weaker reading and reasoning skills than prior generations, due in large part to the way students multitask through life. This article aims to address the problems caused by the intersection of these two issues by applying cognitive learning theory to the law school environment. Part One examines the characteristics of our current students by describing their skills and learning styles upon arriving at law …
The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller
The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller
Maine Law Review
It’s hard to predict what an average member of the public thinks when he or she hears the words “student newspaper.” Opinions vary. This Article goes beyond that public perception and demonstrates that student journalists across the country are doing work that matters. Student reporters uncover corruption, help hold government officials accountable to taxpayers and the public, and bring to light important issues that would otherwise go unreported. They allow students to develop academically, professionally, and socially. And they give a voice to developing citizens who are often disenfranchised from voting, holding elected office, or otherwise participating in politics and …
The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce
The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce
Maine Law Review
Nearly a century and a half after its adoption, debate continues to rage over the original meaning of the Fourteenth Amendment’s guarantees of basic rights. Of the three clauses in the second sentence of Section One, the latter two (the Due Process and Equal Protection Clauses) loom very large in modern Supreme Court decisions, while the first (the Privileges or Immunities Clause) is of minimal importance, having been invoked only once to strike down a state law. Originalists—those who hold that the Constitution should be interpreted according to its original meaning—have often deplored this state of affairs. Many have argued …
Death, Taxes, And Property (Rights): Nozick, Libertarianism, And The Estate Tax, Jennifer Bird-Pollan
Death, Taxes, And Property (Rights): Nozick, Libertarianism, And The Estate Tax, Jennifer Bird-Pollan
Maine Law Review
Over the last twelve years the estate tax has been eviscerated. Evolving from a tax at 55% on all estates over $675,000 to a tax at only 35% on estates over $5.12 million per person ($10.24 million for a married couple); the estate tax now taxes only about 5,300 estates per year, as opposed to over 58,000 estates in 1999. In an era of language decrying class warfare, why abandon this project of the estate tax? Is it too late to save the tax? Are there reasons to save it? Why have an estate tax in the first place? Libertarian …
Editorial Board Vol. 66, No. 1 (2013), Amy K. Olfene Editor-In-Chief
Editorial Board Vol. 66, No. 1 (2013), Amy K. Olfene Editor-In-Chief
Maine Law Review
No abstract provided.
What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull
What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull
Maine Law Review
In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an important safeguard that …
State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark A. Rucci
Maine Law Review
Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment." However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the …
Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel G. Johnson
Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel G. Johnson
Maine Law Review
Are you my mother? The answer to this question may not have been very difficult to ascertain years ago, however it is not so easily answered today. With advancements in technology, shifts in family structures, and changes in social norms, new legal issues pertaining to parental rights have materialized. The right to raise a child as one sees fit is one of the oldest fundamental rights recognized and protected by the United States Constitution. However, courts are now being asked to consider the rights of “legal strangers” at the expense of the biological or legal parent. One method that a …
What Is The Scope Of Searches Of Cell Phones Incident To Arrest? United States V. Wurie And The Return Of Chimel, Benjamin J. Wahrer
What Is The Scope Of Searches Of Cell Phones Incident To Arrest? United States V. Wurie And The Return Of Chimel, Benjamin J. Wahrer
Maine Law Review
Americans can potentially be arrested for hundreds of nonviolent, minor offenses In fact in 2012, nearly 1 out of every 25 Americans was arrested. Alarmingly, this figure is even higher among youths, with 1 out of every 3 expected to be arrested at least once by the time they turn 23. Once played under arrest, an individual’s expectation of privacy is severely reduced and law enforcement personnel traditionally have broad authority to search and seize anything found on the arrestee’s person, no matter the nature of the arresting crime. For example, it is well-settled law that the arresting officer may …
Privacy Law's Precautionary Principle Problem, Adam Thierer
Privacy Law's Precautionary Principle Problem, Adam Thierer
Maine Law Review
Privacy law today faces two interrelated problems. The first is an information control problem. Like so many other fields of modern cyberlaw—intellectual property, online safety, cybersecurity, etc.—privacy law is being challenged by intractable Information Age realties. Specifically, it is easier than ever before for information to circulate freely and harder than ever to bottle it up once it is released. This has not slowed efforts to fashion new rules aimed at bottling up those information flows. If anything, the pace of privacy-related regulatory proposals has been steadily increasing in recent years even as these information control challenges multiply. This has …
Trott V. H.D. Goodall Hospital: When Analyzing Employment Discrimination Cases Under Maine Law, Should Maine Courts Continue To Apply The Mcdonnell Douglas Analysis At The Summary Judgment Stage?, Ari B. Solotoff
Maine Law Review
Since 2003, the Maine Supreme Judicial Court has applied the Supreme Court’s McDonnell Douglas burden-shifting analysis on summary judgment in employment discrimination claims brought under Maine law. Recently, however, some justices of the Law Court have questioned McDonnell Douglas’s continuing application to summary judgment determinations. They argue that the framework is outdated, overly mechanical, and unnecessary. In Trott v. H.D. Goodall Hospital, the court set forth three guiding principles for lawyers and judges to follow in employment discrimination cases facing disposition at summary judgment. In doing so, the court signaled that McDonnell Douglas should continue to be applied at summary …
Foreword, Peter J. Guffin, Kyle J. Glover, Sara M. Benjamin
Foreword, Peter J. Guffin, Kyle J. Glover, Sara M. Benjamin
Maine Law Review
In their seminal 1890 article, The Right to Privacy, Samuel Warren and Louis Brandeis observed: Recent inventions and business methods call attention to the next step which must be taken for the protection of the person, and for securing to the individual what Judge Cooley calls the right “to be left alone.” Instantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that “what is whispered in the closet shall be proclaimed from the housetops.” What is remarkable about this comment is that it could …
Waiting For Gluskabe: An Examination Of Maine's Colonialist Legacy Suffered By Native American Tribes Under The Maine Indian Claims Settlement Act Of 1980, Joseph G.E. Gousse
Waiting For Gluskabe: An Examination Of Maine's Colonialist Legacy Suffered By Native American Tribes Under The Maine Indian Claims Settlement Act Of 1980, Joseph G.E. Gousse
Maine Law Review
Legends of the Wabanaki people tell of a mythical demigod named Gluskabe. Immortalized through the cultural traditions of the Wabanaki—from the Mi’kmaq, Abenaki, and Passamaquoddy to the Maliseet and the Penobscot—Gluskabe appears as an integral component of each tribe’s variation of the Creation Myth, as well as numerous other tales and stories. Most prominently, Gluskabe is known for his role in creating the Penobscot River and divining proportion and harmony in the natural world, using his power to reduce the size of the once-giant land animals to establish the first village, legend holds that Gluskabe retired to the southernmost portion …
Privacy And Security In The Cloud: Some Realism About Technical Solutions To Transnational Surveillance In The Post-Snowden Era, Joris V.J. Van Hoboken, Ira S. Rubinstein
Privacy And Security In The Cloud: Some Realism About Technical Solutions To Transnational Surveillance In The Post-Snowden Era, Joris V.J. Van Hoboken, Ira S. Rubinstein
Maine Law Review
Since June 2013, the leak of thousands of classified documents regarding highly sensitive U.S. surveillance activities by former National Security Agency (NSA) contractor Edward Snowden has greatly intensified discussions of privacy, trust, and freedom in relation to the use of global computing and communication services. This is happening during a period of ongoing transition to cloud computing services by organizations, businesses, and individuals. There has always been a question of inherent in this transition: are cloud services sufficiently able to guarantee the security of their customers’ data as well s the proper restrictions on access by third parties, including governments? …
The Promise And Shortcomings Of Privacy Multistakeholder Policymaking: A Case Study, Omer Tene, J. Trevor Hughes
The Promise And Shortcomings Of Privacy Multistakeholder Policymaking: A Case Study, Omer Tene, J. Trevor Hughes
Maine Law Review
With formal privacy policymaking processes mired in discord, governments and regulators in the United States and Europe have turned to the private sector seeking assistance and solutions. Multistakeholder-driven self-regulation and co-regulation have been pursued in a variety of contexts ranging from online privacy and transparency for mobile applications to protection of transborder data flows. This article focuses on one such process, the World Wide Web Consortium (W3C) discussion of a Do Not Track (DNT) standard, as a case study. It critically analyzes the procedural pitfalls, which hampered the quest to reach a compromise solution acceptable by groups with diametrically opposed …
Local Law Enforcement Jumps On The Big Data Bandwagon: Automated License Plate Recognition Systems, Infomation Privacy, And Access To Government Information, Bryce Clayton Newell
Local Law Enforcement Jumps On The Big Data Bandwagon: Automated License Plate Recognition Systems, Infomation Privacy, And Access To Government Information, Bryce Clayton Newell
Maine Law Review
As government agencies and law enforcement departments increasingly adopt big-data surveillance technologies as part of their routine investigatory practice, personal information privacy concerns are becoming progressively more palpable. On the other hand, advancing technologies and data-mining potentially offer law enforcement greater ability to detect, investigate, and prosecute criminal activity. These concerns (for personal information privacy and the efficacy of law enforcement) are both very important in contemporary society. On one view, American privacy law has not kept up with advancing technological capabilities, and government agencies have arguably begun to overstep the acceptable boundaries of information access, violating the privacy of …
The Glass House Effect: Big Data, The New Oil, And The Power Of Analogy, Dennis D. Hirsch
The Glass House Effect: Big Data, The New Oil, And The Power Of Analogy, Dennis D. Hirsch
Maine Law Review
One hears with some frequency today that “data is the new oil.” Recently, Virginia Rometty, IBM’s Chief Executive Officer, updated the phrase, explaining that Big Data is the new oil. Most people who have used the analogy do so in order to convey Big Data’s tremendous value. Data is an essential resource that powers the information economy much like oil has fueled the industrial economy. Big Data promises a plethora of new uses—the identification and prevention of the pandemics, the emergence of new businesses and business sectors, the improvement of health care quality and efficiency, and enhanced protection of the …
Editorial Board Vol. 66, No. 2, Amy K. Olfene Editor-In-Chief
Editorial Board Vol. 66, No. 2, Amy K. Olfene Editor-In-Chief
Maine Law Review
No abstract provided.
Dussault V. Rre Coach Lantern Holdings, Llc: Does The Maine Human Rights Act Recognize Disparate Impact Liability For Claims Of Housing Discrimination Brought By Section 8 Recipients Under Maine Law?, Ari B. Solotoff
Maine Law Review
In Dussault v. RRE Coach Lantern Holdings, LLC, Nicole Dussault filed a complaint with the Maine Humane Rights commission (Commission) alleging a claim of unlawful housing discrimination. Dussault asserted that when RRE Coach Lantern Holdings, LLC and Resource Real Estate Management, Inc. (collectively, Coach Lantern) refused to include a federal Section 8 Housing Choice Voucher Program tenancy addendum in her apartment lease, Coach Lantern discriminated against her because her status as a public assistance recipient. Following an investigation and hearing, the Commission unanimously concluded that there were reasonable grounds for a belief of unlawful housing discrimination. Dussault then brought suit …
Mccutcheon V. Federal Election Commission And The Supreme Court's Narrowed Definition Of Corruption, Mikala L. Noe
Mccutcheon V. Federal Election Commission And The Supreme Court's Narrowed Definition Of Corruption, Mikala L. Noe
Maine Law Review
On June 17, 1972, five men were caught attempting to bug the offices of the Democratic National Committee in the Watergate complex in Washington D.C. The first link between this break-in and President Richard Nixon’s re-election campaign funds was discovered when a $25,000 cashier’s check, earmarked for Nixon’s re-election fund, was found to have been deposited into the bank account of one of the men involved in the break-in. Shortly thereafter, reporters revealed that then U.S. Attorney General John N. Mitchell controlled a secret campaign fund used to gather information about the Democratic Party. During the resulting Watergate investigation, the …
Compelled To Testify: An Evaluation Of 32 M.R.S.A. § 7005 And The Privilege For Maine Licensed Clinical Social Workers, Juliana Kirkland O'Brien
Compelled To Testify: An Evaluation Of 32 M.R.S.A. § 7005 And The Privilege For Maine Licensed Clinical Social Workers, Juliana Kirkland O'Brien
Maine Law Review
The mental health industry is big business: the National Institute of Mental Health reports that in 2012, 43.7 million people ages eighteen and older (18.6% of U.S. adults) experienced issues associated with a mental illness. In Maine, about 51,000 adults and approximately 13,000 children suffer from a serious mental illness. According to the World Health Organization, mental illness “accounts for more disability in developed countries than any other group of illnesses, including cancer and heart disease” and in Maine, mental health issues coupled with substance abuse is the leading cause of disability and death for Mainers between ages fifteen and …
Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens
Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens
Maine Law Review
This Article addresses the central concept of “reasonableness” in the common law and constitutional jurisprudence. On the basis of three examples, the common law of torts, the common law of contracts, and Fourth Amendment jurisprudence, the Article notes that different areas of the law follow fundamentally inconsistent utilitarian, pragmatic, and formalist reasonableness paradigms. The significance of this diversity of reasonableness paradigms remains largely under-theorized. This Article submits that the diversity of reasonableness paradigms is a necessary feature of the common law. It theorizes that the utilitarian, pragmatic and formalistic paradigms are structural elements driving the common law norm-generation process. This …
Inconvenient Truths: Facts And Frictions In Defense Of Guardians Ad Litem For Children, Dana E. Prescott
Inconvenient Truths: Facts And Frictions In Defense Of Guardians Ad Litem For Children, Dana E. Prescott
Maine Law Review
During the 2013 Maine legislative session, citizens, elected officials, and professionals passionately expressed their beliefs concerning the legitimacy and efficacy of guardian ad litem [GAL] appointments in private child custody cases. In many respects, this policy discussion mirrored national trends in the scholarly and social science literature concerning allegations of the overuse or capacious role of a GAL. Establishing the proper legal and scientific contours within which GALs may serve the best interests of children and simultaneously provide constructive investigative and evidence-informed recommendations to judicial fact finding remains a proper concern for proponents and critics alike. The challenge, in this …