Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Maine

Discipline
Institution
Publication Year
Publication

Articles 1 - 30 of 106

Full-Text Articles in Law

Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph Sep 2023

Prosecutorial Data In Maine: Themes And Trends From 2017-2021, Tara Wheeler Mppm, Julia Bergeron-Smith Mppm, Msw, George Shaler Mph

Maine Statistical Analysis Center

The Maine Statistical Analysis Center (SAC), partnered with the Maine Prosecutors Association (MPA) to establish statewide and by-district prosecutorial data for a five-year period (2017-2021). These baseline data are for a variety of criminal cases, charges, and outcomes and this report is the first of its kind for Maine. The MPA sought to detail these baseline figures and trends in an annual report to both support the ongoing work of Maine’s District Attorneys to address serious crime through data-informed decision-making and to enable key stakeholders and the public to better understand how limited public resources are being used by their …


Critical Discourse Analysis: Sexual Violence In Maine Department Of Public Safety (Dps) "Crime In Maine" Reports, Emma V. Grous Apr 2023

Critical Discourse Analysis: Sexual Violence In Maine Department Of Public Safety (Dps) "Crime In Maine" Reports, Emma V. Grous

Honors College

Sexual violence is incredibly prevalent in the state of Maine. These crimes, which disproportionately affect at-risk communities – women, children, people of color, and impoverished persons – are not accurately represented in legal discourses within Maine. Changes to how victims and survivors of sexual violence are represented and discussed in law enforcement reports and other materials are necessary in order to promote social change and justice for the survivors in our communities.

Critical Discourse Analysis has been used broadly since its conception and has even previously been used in understanding political and social implications of discourse in the United States. …


Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law Jan 2023

Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler Jul 2020

Amici Curiae Brief Of The International Municipal Lawyers Association And Legal Scholars In Support Of Defendants-Appellees In Portland Pipe Line Corporation, Et Al. V. City Of South Portland, Et Al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, Sarah Schindler

Sturm College of Law: Faculty Scholarship

This brief to the Maine Supreme Judicial Court was filed in support of the City of South Portland by the Amici Curiae, including the International Municipal Lawyers Association and legal scholars, to provide the Court with a background on the role of local governments in land use planning, and to explain why the City of South Portland’s Clear Skies Ordinance falls easily within the City’s authority and was not preempted by state legislation.

After studying the potential for bulk loading of crude oil within its boundaries, the City of South Portland concluded that the infrastructure requirements and environmental impacts of …


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law May 2019

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway Jan 2018

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …


Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler Jan 2018

Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler

Faculty Publications

Recently, a number of states have sought to withdraw or restrain local power. In this Article, which is part of the “Re-Thinking State Relevance” symposium hosted by the Ohio State Law Journal, I write about a state taking the opposite approach, and attempting to affirmatively endow its local governments with additional powers. The state is Maine, and the context is control over local food production and sales. This Article begins by addressing the emergence of the sustainable local foods movement broadly, and reasons for the growth of this movement. It then focuses more pointedly on the food sovereignty movement, considering …


Aligning Opioid Prescribing Pathways, Andrea Lai, Outpatient Pharmacy, Haley Pelletier, Suneela Nayak, Stephen Tyzik, Ruth Hanselman Aug 2017

Aligning Opioid Prescribing Pathways, Andrea Lai, Outpatient Pharmacy, Haley Pelletier, Suneela Nayak, Stephen Tyzik, Ruth Hanselman

MaineHealth Maine Medical Center

There is a drug epidemic sweeping the State of Maine and it continues to worsen each passing year. In 2017, the Maine legislature passed Public Law Chapter 488 to strengthen the controlled substance prescription monitoring program. An outpatient pharmacy, located in a large acute care hospital, created a performance improvement project to clarify opioid prescription and resolve any non-compliance with Chapter 488.

After a root cause analysis, several KPIs were established to include tracking the number of phone calls made by pharmacists to non-compliant providers to clarify scripts, provide one on one education and ultimately resolve non-compliance. Repeat offenders were …


Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz May 2017

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.


The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey Jun 2016

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.


Maine Distributed Solar Valuation Study, Benjamin L. Norris, Philip M. Gruenhagen, Robert C. Grace, Po-Yu Yuen, Richard Perez, Karl R. Rábago Apr 2015

Maine Distributed Solar Valuation Study, Benjamin L. Norris, Philip M. Gruenhagen, Robert C. Grace, Po-Yu Yuen, Richard Perez, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

During its 2014 session, the Maine Legislature enacted an Act to Support Solar Energy Development in Maine. P.L Chapter 562 (April 24, 2014) (codified at 35‐A M.R.S. §§ 3471‐3473) (“Act”). Section 1 of the Act contains the Legislative finding that it is in the public interest is to develop renewable energy resources, including solar energy, in a manner that protects and improves the health and well‐being of the citizens and natural environment of the State while also providing economic benefits to communities, ratepayers and the overall economy of the State.

Section 2 of the Act requires the Public Utilities Commission …


Jud Ms 06 Myer Marcus Interview Finding Aid, Katharine Renolds Thomas Jan 2015

Jud Ms 06 Myer Marcus Interview Finding Aid, Katharine Renolds Thomas

Search the Manuscript Collection (Finding Aids)

Description:

Myer M. Marcus was born in Portland, Maine in 1914, the son of Russian-Jewish immigrants Saul Marcus, a Portland clothier, and his wife Bertha Marcus, nee Goldstein. As a boy he enjoyed spending his free time at the Portland Boys Club on Plum Street. He attended North School and Portland High School, then spent one year at the University of Virginia before transferring to Bowdoin College in Brunswick, Maine. Marcus earned his LL.B. in 1937 from Boston University School of Law, then returned to Portland to open the Marcus and Marcus law office on Exchange Street with his younger …


2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm Oct 2012

2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm

Justice Policy

The 2012 Maine Juvenile Justice Data Book presents a portrait of youth involvement with the Maine juvenile justice system. The data book consists of five sections, (1) Maine Youth Population Trends, (2) Maine Juvenile Justice System Trends, (3) Maine County Trends, (4) Maine Disproportionate Minority Contact (DMC) Trends, and (5) Youth Recidivism Outcomes in Maine.

While Maine’s youth arrest rates are consistently among the lowest in the country, the state faces challenges in ensuring that limited resources are targeted most efficiently and effectively for programs and services aimed at rehabilitating youth who encounter the juvenile justice system. The analyses presented …


2012 Maine Child Support Guidelines: Review And Recommendations, Sally Ward Mppm, Janice Daley Msw, Barbara Fraumeni Phd, George Shaler Mph, Eileen Griffin Jd, Melanie Knox Ba, Laurie Hallett, Louis Mandeville Ms Jul 2012

2012 Maine Child Support Guidelines: Review And Recommendations, Sally Ward Mppm, Janice Daley Msw, Barbara Fraumeni Phd, George Shaler Mph, Eileen Griffin Jd, Melanie Knox Ba, Laurie Hallett, Louis Mandeville Ms

Children, Youth, & Families

This report summarizes the quadrennial review of Maine's child support guidelines conducted by the USM Muskie School , which complies with federal law requiring each state's child support guidelines be reviewed at least once every four years. Principle findings of the extensive review by the Muskie School show that many aspects of Maine's child support system work well. Maine's low deviation rate reflects a reasonably high level of consistency in apply the guidelines, and in large part, protect the needs and interests of the children. The report provides background and overview of child support modes and the Maine guidelines, and …


The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke Jan 2012

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke

Law Faculty Scholarship

This Essay analyzes how the New England states' planning processes are envisioning revitalized local, state, and regional food systems. This Essay has five parts. First, it begins with examining compelling reasons for promoting more sustainable food systems based on national and global trends, and identifies strategies for promoting regional food systems approaches with a brief introduction to the major influences on the national and New England food system. Second, it describes the states' planning efforts and their enabling legislation or source of authority.

The Essay then introduces the New England Food Vision 2060 (the Vision) an emerging discussion of food …


Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin Oct 2011

Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …


Interview With George Mitchell (5) By Andrea L’Hommedieu, George J. Mitchell May 2011

Interview With George Mitchell (5) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter-Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his retirement …


Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell Mar 2011

Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …


Interview With Ken Curtis By Andrea L’Hommedieu, Kenneth 'Ken' M. Curtis Apr 2010

Interview With Ken Curtis By Andrea L’Hommedieu, Kenneth 'Ken' M. Curtis

George J. Mitchell Oral History Project

Biographical Note
Kenneth Merwin “Ken” Curtis was born on February 8, 1931, in Leeds (Curtis Corner), Maine. He was graduated with a bachelor of science degree from the Maine Maritime Academy and rose to the rank of lieutenant commander in the U.S. Navy. In 1959, he earned a law degree from the Portland University School of Law (now the University of Maine School of Law) and opened a private practice. A life-long Democrat, he served as Maine’s secretary of state from 1965-1966 before being elected govern in 1967, an office he held until 1975. He was chairman of the Democratic …


Interview With Heather Mitchell (2) By Brien Williams, Heather M. Mitchell Mar 2010

Interview With Heather Mitchell (2) By Brien Williams, Heather M. Mitchell

George J. Mitchell Oral History Project

Biographical Note
Heather McLachlan Mitchell was born and raised in Montreal, Canada, and lived in Paris, France, for fifteen years. She was assistant to the executive director of the Association of Tennis Professionals and subsequently represented professional male tennis players. She relocated from Paris to New York and in 1993 met George Mitchell at the U.S. Open. The two were married in 1994. She later worked independently coordinating tennis events. Once their children started school, she began working as a literary agent at Gelfman Schneider.

Summary
Interview includes discussion of: connections in Maine when growing up in Quebec; visiting Maine …


The Maine Women's Advocate (2010 - Winter), Maine Women's Lobby Staff Jan 2010

The Maine Women's Advocate (2010 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Interview With Brett O’Brien By Diane Dewhirst, Brett O'Brien Nov 2009

Interview With Brett O’Brien By Diane Dewhirst, Brett O'Brien

George J. Mitchell Oral History Project

Biographical Note
Brett O’Brien was born on January 27, 1963, in Inglewood, California, to William and Rosalie O’Brien. He spent most of his youth in San Diego and attended Harvard, graduating in 1985. He worked for the American University in Cairo, Egypt, completed a master’s program at the London School of Economics, and then worked at the Congressional Research Service in foreign affairs and national defense. He worked for Congressman Jim Bates from San Diego, California, as a legislative assistant in foreign affairs. He began working for George Mitchell on the Democratic Policy Committee as a researcher and writer, which …


Interview With Carole Cory By Brien Williams, Carole S. Cory Oct 2009

Interview With Carole Cory By Brien Williams, Carole S. Cory

George J. Mitchell Oral History Project

Biographical Note
Carole Cory was born September 14, 1970, in Nashua, New Hampshire, to Mitchell staffer Gayle (Fitzgerald) Cory and Donald Bruce Cory. Buzz Fitzgerald was her uncle and Gayle Cory’s brother. She worked for Senator Paul Wellstone between 1997-2002. At the time of this interview, she was systems administrator for U.S. Senator Patty Murray.

Summary
Interview includes discussion of: family background and connection to Maine; extensive discussion of her mother’s (Gayle Cory’s) family, childhood and positions with Senators Muskie and Mitchell in the U.S. Senate and her time as postmaster of the Senate Post Office; Gayle Cory’s illness and …


Interview With John Martin By Mike Hastings, John L. Martin Oct 2009

Interview With John Martin By Mike Hastings, John L. Martin

George J. Mitchell Oral History Project

Biographical Note
John Lewis Martin was born on June 5, 1941, in Eagle Lake, Maine. At the age of three, his parents moved from Eagle Lake to Brownville Junction; he grew up speaking French and English. Martin was graduated from Fort Kent Community School in 1959 and afterwards spent two years at the University of Maine, Fort Kent before transferring to the University of Maine, Orono, graduating in 1963. While doing graduate work, he was elected to the Maine state legislature as a Democrat in 1964. He served in the Maine House of Representatives from 1964-1994 and was speaker of …


Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell Jun 2009

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides


The Maine Women's Advocate (2009 - Winter), Maine Women's Lobby Staff Jan 2009

The Maine Women's Advocate (2009 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Maine Women's Advocate (2009 - Summer), Maine Women's Lobby Staff Jan 2009

The Maine Women's Advocate (2009 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Interview With Joan Pedersen By Andrea L’Hommedieu, Joan S. Pedersen Nov 2008

Interview With Joan Pedersen By Andrea L’Hommedieu, Joan S. Pedersen

George J. Mitchell Oral History Project

Biographical Note
Joan (Speed) Pedersen was born on February 11, 1940, in Boston, Massachusetts. Her mother was a legal secretary for an attorney’s office and her father worked in distribution for Firestone Tire. She grew up in West Roxbury, a heavily Irish Catholic part of Boston. She married and moved to Cape Cod, and later to Maine. From 1982-1984, she worked in Senator Mitchell’s field office in Lewiston, Maine, serving constituents. She later worked for Senator William S. Cohen and Representative John E. Baldacci.

Summary
Interview includes discussion of: growing up in Boston in the 1940s and 1950s; work as …


Interview With Christine Williams By Brien Williams, Christine G. Williams Nov 2008

Interview With Christine Williams By Brien Williams, Christine G. Williams

George J. Mitchell Oral History Project

Biographical Note
Christine G. Williams was born January 20, 1952, in Boston, Massachusetts, to Adelaide and Donald Williams, a Methodist minister. She earned a degree in history from Boston University. As a VISTA volunteer she taught on the Rosebud reservation in South Dakota before returning to New England to teach at Brunswick High School in Brunswick, Maine, for the 1975-1976 school year. Subsequently, after teaching in New Hampshire for four years, she was hired by George Mitchell’s U.S. Senate office in 1982 and worked there until 1994, focusing on health care issues in the latter years. She later went to …


Interview With Tom Bertocci By Mike Hastings, Thomas 'Tom' A. Bertocci Nov 2008

Interview With Tom Bertocci By Mike Hastings, Thomas 'Tom' A. Bertocci

George J. Mitchell Oral History Project

Biographical Note
Tom Bertocci was born in Lewiston, Maine, on February 17, 1945. His father was Salvatore Theodore “Ted” Bertocci, the son of Italian immigrants who came to the United States in 1912. Two of Tom’s uncles became professors at Bates College, where they met Ed Muskie. Tom’s father worked at Bath Iron Works, and met Tom’s mother, Margaret True Allen of Auburn, Maine, through his brothers. Tom was graduated from Morse High School and Wesleyan University. He became involved with the Chewonki Foundation during his college years, when he worked there as a camp counselor. He taught history at …