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Articles 1 - 19 of 19

Full-Text Articles in Legal History

Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro Oct 2017

Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro

Maine Law Review

This is not an Article about the Nazi regime’s war on crime, nor does it analyze the possible lawlessness of the Weimar Republic. It does, however, consider the role of crime in transitional states. As such, the observation above is relevant to the issues examined in the pages that follow. Crime and the manipulation of the fear it promotes were essential to the rise of Nazism, the fall of the Weimar Republic, and the historical record of both regimes. I contend that we must recognize the vital role of street crime in the stability and instability of newly democratic ...


The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi Oct 2017

The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi

Maine Law Review

In the future, a historian studying the early twenty-first century will observe a trend: numerous lawyers applying their skill sets to the problems of pathological states. Our future historian will note that the topography of the post-Cold War international system was marked by weakly-governed states failing. Fragile states eroded, frayed, and disintegrated under stress, and their internal social processes became highly susceptible to external forces. Powerful non-state actors, including private armies, operated within the porous boundaries of entities that were once functioning polities. Legal authority became divorced from political control as non-state actors wielded naked power, challenging formal state structures ...


Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman Oct 2017

Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman

Maine Law Review

I work in a law school building that is named for Jane M.G. Foster, who donated the money for its construction. It’s a lovely building, and my office overlooks a gorge so that I can hear the water fall as I write. So I’m grateful to Jane Foster. And curious. Who was she? Jane Foster graduated from Cornell Law School in 1918, having served as an editor of the law review and being elected to the Order of the Coif. But no law firm wanted her services. She obtained employment not as a lawyer but as a ...


Rediscovering Senator Edmund Muskie, Kermit V. Lipez Oct 2017

Rediscovering Senator Edmund Muskie, Kermit V. Lipez

Maine Law Review

I wish to begin my remarks by congratulating the Maine Law Review for sponsoring this important symposium on the legislative achievements of Senator Muskie. It is a well-deserved tribute during this 100th anniversary year of his birth. I also want to thank the Law Review for inviting me to give the opening remarks for the Symposium. It is a privilege to do so, and to speak in the presence of former Secretary of State Madeline Albright. We are all honored by her presence. I must acknowledge, however, that it is a daunting task to present these remarks in the presence ...


Textualism And The Problem Of Scrivener's Error, John David Ohlendorf Oct 2017

Textualism And The Problem Of Scrivener's Error, John David Ohlendorf

Maine Law Review

Scrivener’s errors make easy prey for the gentle comedy of the bench and bar, much in the way that typographical errors in billboards, newspaper headlines, and church bulletins form an endless source of humor for late night talk show hosts. But theorists of legal interpretation have long seen that scrivener’s errors pose a more serious problem. The doctrine surrounding scrivener’s error stands considered as something of a cousin to the absurdity doctrine, which has roots extending to the earliest days of the American Republic. More recently, the post-legal-process revival of formalist approaches to statutory interpretation on the ...


Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin Oct 2017

Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin

Maine Law Review

One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It ...


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 Apr 2017

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 Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce Apr 2017

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 ...


Presidential Fiscal Accoutability Following The Budget Act Of 1974, Louis Fisher Jan 2017

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 ...


Remembering Ed Muskie: His Commitment And Contributions To Civil Access To Justice, Andrew M. Mead Jan 2017

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 ...


Legal Aid And Legal Services: An Overview, Howard Dana Jan 2017

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 Jan 2017

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 ...


Urban Development Legislation For Cities, By Cities, Kellen Zale Jan 2017

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 Jan 2017

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 ...


Edmund Muskie's Creative Federalism And Urban Development Today, Peter Pitegoff Jan 2017

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 ...


Senator Edmund Muskie's Enduring Legacy In The Courts, Richard J. Lazarus Jan 2017

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 ...


Edmund S. Muskie: A Man With A Vision, Leon G. Billings Jan 2017

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 ...


Edmund S. Muskie: The Environmental Leader And Champion, Joel K. Goldstein Jan 2017

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 ...


Connecting Law And Legislature: The Legacy Of Ed Muskie, Samuel J. Baldwin Jan 2017

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 ...