Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (63)
- Criminal Law (43)
- Law and Society (42)
- Courts (33)
- International Law (33)
-
- Civil Rights and Discrimination (26)
- Criminal Procedure (25)
- Jurisprudence (22)
- Environmental Law (21)
- Law and Gender (19)
- Legal History (19)
- Property Law and Real Estate (19)
- Intellectual Property Law (18)
- Judges (18)
- Evidence (17)
- Labor and Employment Law (17)
- Torts (17)
- Fourteenth Amendment (15)
- Food and Drug Law (14)
- First Amendment (12)
- Administrative Law (11)
- Family Law (11)
- Privacy Law (11)
- State and Local Government Law (11)
- Agriculture Law (10)
- Fourth Amendment (10)
- Legal Profession (10)
- Land Use Law (9)
- Religion Law (9)
- Keyword
-
- International law (16)
- Edmund Muskie (12)
- Nation-building (12)
- France (9)
- Post-conviction review (8)
-
- Access to justice (6)
- Fourteenth Amendment (6)
- Rule of law (6)
- United states (6)
- Employment discrimination (5)
- Gender discrimination (5)
- Habeas corpus (5)
- Human rights (5)
- Information Privacy (5)
- Intellectual property (5)
- Patents (5)
- Pro bono (5)
- Biotechnology (4)
- Civil rights (4)
- Coffin lecture (4)
- Due Process Clause (4)
- ECHR (4)
- European Court of Human Rights (4)
- First Amendment (4)
- First amendment (4)
- Fourteenth amendment (4)
- Fourth Amendment (4)
- Fourth amendment (4)
- Negligence (4)
- Open source (4)
Articles 1 - 30 of 351
Full-Text Articles in Law
Editorial Board Vol.54 No.1 (2002), Jeffery B. Parsons Editor-In-Chief
Editorial Board Vol.54 No.1 (2002), Jeffery B. Parsons Editor-In-Chief
Maine Law Review
No abstract provided.
Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos
Revisiting The Voluntariness Of Confessions After State V. Sawyer, Michael Theodore Bigos
Maine Law Review
Every individual in our society needs confidence in our criminal justice system to know that one cannot be convicted of a crime unless a fact finder is convinced of every necessary element with the highest assurances of the truth. The process of establishing facts in a criminal trial is highly dependent upon how decision-making power is allocated between the judge and the jury and upon the fairness of that allocation. This Note discusses the areas of confession law and burdens of proof in the context of how federal criminal constitutional doctrines that affect the fact-finding process offer less than clear …
Rideout V. Riendeau: Grandparent Visitation In Maine After Troxel, Theodore A. Small
Rideout V. Riendeau: Grandparent Visitation In Maine After Troxel, Theodore A. Small
Maine Law Review
Rideout v. Riendeau presented a case in which two grandparents, Rose and Chesley Rideout, sought visitation of their three grandchildren. Though the Rideouts had served as the childrens' “primary caregivers and custodians” for significant periods of time, the childrens' parents, Heaven-Marie Riendeau, who was the Rideouts' daughter, and Jeffrey Riendeau, ended all contact between the children and the Rideouts due to a strained relationship between the Rideouts and the Riendeaus. The Rideouts filed a complaint pursuant to Maine's Grandparents Visitation Act (the Act), which allows grandparents to bring a petition for visitation when there is a “sufficient existing relationship between …
With Malice Toward One: Malice And The Substantive Law In "Class Of One" Equal Protection Claims In The Wake Of Village Of Willowbrook V. Olech, Shaun M. Gehan
With Malice Toward One: Malice And The Substantive Law In "Class Of One" Equal Protection Claims In The Wake Of Village Of Willowbrook V. Olech, Shaun M. Gehan
Maine Law Review
It may be time to relearn the fundamentals of the Equal Protection Clause of the Fourteenth Amendment. According to the Supreme Court, in a brief and unassuming per curiam opinion in Village of Willowbrook v. Olech, violations of equal protection do not of necessity rely on class-based discriminations. Federal, state, and local governments can violate the equal protection rights of an individual qua individual; a so-called “class of one.” The ramifications of this decision are just now becoming clear, and it has already led to some surprising results in areas of statutory law thought to be well settled. The only …
Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman
Instream Flow Regulation: Plugging The Holes In Maine's Water Law, Bradford R. Bowman
Maine Law Review
States East of the Mississippi River have long relied on the traditional common law of riparian rights to manage their water resources. Towards the end of the Twentieth Century, rising demand for consumptive water use due to population growth, modern agricultural practices and industrialization began to conflict with environmental concerns. Throughout the East, states recognized the riparian doctrine's failure to provide a reliable means for allocating water during times of scarcity. In response, most of these states replaced common law water rights with regulatory water management systems. Maine is the only state that has not followed this trend. It is …
More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg
More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg
Maine Law Review
At the Association of American Law Schools (AALS) meetings and in materials published by the Association, probably no one word appears more frequently than “diversity.” For example, the theme of the 2000 AALS Annual Meeting was A Recommitment to Diversity. In a 1986 essay titled Collegial Diversity, AALS President Susan Westerberg Prager wrote: “The different perspectives of our colleagues can illuminate other areas of research to give us new classroom direction.” And, in a 1996 statement on diversity adopted by the AALS Executive Committee, the committee stated that an objective of diversity was “to create an educational community—and ultimately a …
A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, Amy S. Tsanga
Maine Law Review
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) comprehensively outlines the international standards on the rights of women that are to be pursued by State Parties to the Convention. Adopted by the General Assembly in 1979, it entered into force in 1981 and set the scene for a comprehensive approach to the human rights of women by State Parties that have ratified the Convention. The underlying spirit of the Convention is that discrimination against women violates principles of equality and respect for human dignity and presents obstacles to the advancement of women in the political, …
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
"The Exclusive Right To Their Writings": Copyright And Control In The Digital Age, Jane C. Ginsburg
Maine Law Review
The recent coincidence of new technology and new legislation in the United States may have enhanced the ability of U.S. copyright owners to wield electronic protective measures to control the exploitation of their works. The legislation, which reinforces the technology, has led many to perceive and to deplore a resulting imbalance between copyright owners and the copyright-using public. Critics assert that the goals of copyright law have never been, and should not now become, to grant “control” over works of authorship. Instead, copyright should accord certain limited rights over some kinds of exploitations. Economic incentives to create may be needed …
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Maine Law Review
The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …
Caring For Workers, Martha T. Mccluskey
Caring For Workers, Martha T. Mccluskey
Maine Law Review
This essay examines the question of conflict between market work and family care from the angle of family caretaking labor for workers rather than for dependents. Feminist legal scholars and activists have been concerned for generations about the effect of women's unpaid caretaking work on women's participation and success in the wage labor market. Better public support for this gendered family care work is crucial to many leading visions of feminist legal and economic change. Recent welfare reforms, however, have increased the extent to which public policy treats caretaking instead as a personal responsibility (or a sign of personal irresponsibility) …
Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn
Caretaking And The Contradictions Of Contemporary Policy, Michael Selmi, Naomi Cahn
Maine Law Review
Contemporary social policy relating to women's employment remains strikingly ambivalent. Those in favor of traditional family structures, a position that is generally associated with conservative political agendas, have often expressed a preference for a family model that emphasizes the woman's role as a homemaker, or to use the more recent term, a caretaker. At the same time, as the 1996 Welfare Reform Act demonstrates, if the choice is between providing financial support that would enable lower-income women to stay in the home and forcing those women into the labor market, the conservative agenda will opt for the latter. More recently, …
Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis
Telecommuting: The Escher Stairway Of Work/Family Conflict, Michelle A. Travis
Maine Law Review
According to Working Mother magazine, telecommuting is a “wonderful arrangement for working moms.” Advertisements for telecommuting jobs and related technologies show us pictures of these happy telecommuting moms, who are conducting important business on the telephone or typing busily at their computers, as their smiling toddlers play quietly by their sides or sit contentedly in their laps. Some employers have offered this wonderful experience in direct response to concerns raised by “women's issues” committees. That was probably just what Jack Nilles had in mind when he first coined the term “telecommuting” in the 1970s and described it as a way …
Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins
Job Segregation, Gender Blindness, And Employee Agency, Tracy E. Higgins
Maine Law Review
Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to “break[] down old patterns of segregation and hierarchy,” the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …
The Miseducation Of Welfare Reform: Denying The Promise Of Postsecondary Education, Rebekah J. Smith, Luisa S. Deprez, Sandra S. Butler
The Miseducation Of Welfare Reform: Denying The Promise Of Postsecondary Education, Rebekah J. Smith, Luisa S. Deprez, Sandra S. Butler
Maine Law Review
When Congress enacted “welfare reform” in 1996, decades of progress in assisting low-income mothers obtain a college education in order to escape poverty was nearly eradicated. The federal welfare reform law strongly discouraged states from incorporating postsecondary education into their welfare reform programs and focused instead on “work-first” policies. As a direct result, hundreds of thousands of low-income mothers across the country were forced to drop out of college and find jobs in order to comply with strict “work-first” welfare rules. Despite the pressure imposed by the federal law, the State of Maine persevered in its effort to make college …
An Essay On The Production Of Youth Prostitution, Libby Alder
An Essay On The Production Of Youth Prostitution, Libby Alder
Maine Law Review
Youth prostitution is more multidimensional than I think most of us are prone to admit. This essay is designed to raise the profile of some of its less prominent aspects—aspects which are not unknown exactly, but which are underrecognized and generally ignored in the context of legal analysis. The phenomenon of youth prostitution involves some thorny, sometimes confusing, issues, but those issues are eclipsed by an ideology that fails to grapple with the complexity of youth agency and the consequent position of youth in law. The result is that some kids are left inadequately served and others are utterly unknowable. …
Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros
Lessons From The Fields: Female Farmworkers And The Law, Maria L. Ontiveros
Maine Law Review
In both the fields of labor law and gender studies, we learn the most from experience. The experience of workers coming together to demand equality and respect and the experience of women coming together to share their experiences has led to most of what we study in these fields. Unfortunately, too many times traditional legal doctrine does not fit these experiences. In those cases, we must struggle to change the law to be responsive to the lived experiences of women and workers. This Article explores the lived experiences of one particular group of workers—immigrant farmworking women in California. From their …
Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow
Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow
Maine Law Review
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals …
Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing
Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing
Maine Law Review
The extent to which foreign corporations as well as their domestic subsidiaries can discriminate against American employees on the basis of sex, age, religion, and national origin in a manner that would be acceptable under their own laws and customs but inimical to American law is currently determined by a muddled jumble of circuit court opinions interpreting a “[w]e express no view” Supreme Court footnote. As a result, American victims of sexual discrimination have much less protection under Title VII of the Civil Rights Act of 1964 when the discriminating actor is a foreign corporation or its domestic subsidiary than …
Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey
Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin Massey
Maine Law Review
Congressional power to prevent and remedy sex discrimination in employment has been founded almost entirely upon the commerce power and Section 5 of the Fourteenth Amendment, which gives Congress power “to enforce, by appropriate legislation” the equal protection guarantee. The commerce power has enabled Congress to prohibit private sex discrimination in employment, and the combination of the commerce and enforcement powers has enabled Congress to prohibit such sex discrimination by public employers. From the late 1930s until the early 1990s the doctrinal architecture of these powers was relatively stable, even if statutory action to realize the promise of a nondiscriminatory …
The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.
The Unenforced Promise Of Equal Pay Acts: A National Problem And Possible Solution From Maine, Elizabeth J. Wyman Esq.
Maine Law Review
Equal pay for women is a concept that has been around for a long time. It was during World War I that women were first guaranteed pay equity in the form of regulations enforced by the War Labor Board of 1918. The Board's equal pay policy required manufacturers, who put women on the payroll while male employees were serving in the military, to pay those women the same wages that were paid to the men. The National War Labor Board continued that trend through World War II. Shortly after the war, states began enacting statutes that required employers to pay …
Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode
Keynote Address: The Difference "Difference" Makes, Deborah L. Rhode
Maine Law Review
Over the last two decades, we have witnessed a transformation for women in law, but not a transformation in leadership positions. Almost 30% of lawyers are women, but they represent only about 15% of federal judges and law firm partners, and about 10% of law school deans and general counsel positions at Fortune 500 companies. The same patterns are apparent in other leadership sectors, such as management and politics. Women are half the electorate but only 15% of Congress and 6% of state governors. They account for about half of managers but only 1% of the Chief Executive Officers of …
Foreword: Law, Labor And Gender, Jennifer B. Wriggins
Foreword: Law, Labor And Gender, Jennifer B. Wriggins
Maine Law Review
The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law …
Editorial Board Vol. 55 No.1, Jennifer A.W. Williams Editor-In-Chief
Editorial Board Vol. 55 No.1, Jennifer A.W. Williams Editor-In-Chief
Maine Law Review
No abstract provided.
Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor
Close Enough For Government Work: Proving Minimal Nexus In A Federal And Firearms Conviction: United States V. Corey, Barbara H. Taylor
Maine Law Review
In United States v. Corey, Alvin Scott Corey was found guilty of possessing a firearm as a felon. Although Corey's possession of a Smith and Wesson shotgun violated Maine law, Corey was prosecuted in the United States District Court under the federal statute 18 U.S.C. § 922(g)(1) and its penalty statute, § 924(e). On appeal, Corey argued that one of the requirements for his conviction, proof of the statute's jurisdictional element, had not been satisfied because that proof rested on expert testimony based, in part, on hearsay. The First Circuit Court of Appeals, in a split decision, affirmed Corey's conviction, …
Protective Claims For Refund: Protecting The Interests Of Taxpayers And The Irs, Kristy M. Bowden
Protective Claims For Refund: Protecting The Interests Of Taxpayers And The Irs, Kristy M. Bowden
Maine Law Review
The Internal Revenue Code provides taxpayers wishing to claim a refund of an overpayment of taxes with a simple, straightforward provision setting forth a taxpayer's right to make such a claim. Additionally, regulations exist that provide for the procedure to be followed in order to claim a refund, further clarifying what is expected of the taxpayer. Unfortunately, not all situations that give rise to the right to claim a refund are so straightforward and simple. Taxpayers may find themselves in a situation that seems to have very little direct connection with tax, but may nonetheless result in significant tax consequences. …
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Maine Law Review
In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …
An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short
An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short
Maine Law Review
The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article …
Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky
Maine Law Review
Our personal information is constantly being recorded, stored and analyzed. Commercial entities watch our every action, storing this data and analyzing it in conjunction with information acquired from third parties. These entities use this knowledge to their benefit (and at times, our detriment) by discriminating between various customers on the basis of this personal information. At the same time, in the media market, large conglomerates can now provide specifically tailored content to individual customers on the basis of such data, thus potentially controlling their perspectives and impairing their autonomy. The expanding use of data mining applications, which enable vendors to …
Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen
Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen
Maine Law Review
The subject matter we are going to talk about is variously named and the words have some resonances of importance. I am going to use the phrase “Free Software” to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.
Tahoe-Sierra Preservation Council, Inc. V. Tahoe Regional Planning Agency: The Reemergence Of Penn Central And A Healthy Reluctance To Craft Per Se Regulatory Takings Rules, Philip R. Saucier
Maine Law Review
In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, the Supreme Court held that a moratorium on development imposed during the process of devising a comprehensive land use plan did not constitute a per se taking of property requiring compensation under the Takings Clause of the United States Constitution. The scope of Tahoe-Sierra, and thus its ultimate impact on Supreme Court takings jurisprudence, had been severely narrowed and redefined by the courts since the landowners first alleged a taking over fifteen years before the issue was ultimately decided by the Supreme Court. It is important to note that this …