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Articles 1 - 20 of 20
Full-Text Articles in Legal Profession
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Maine Law Review
Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct …
Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen
Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen
Maine Law Review
In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the …
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau
Maine Law Review
In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys to …
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Maine Law Review
Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct …
Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen
Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen
Maine Law Review
In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the …
The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis
The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis
Maine Law Review
Like most of rural America, Northern New England is facing a shortage of lawyers in its rural spaces. The three states are facing an aging bar and demographic trends that indicate that this will only continue. The situation is already dire. The Northern New England states currently rank among the oldest states in the country and there are counties where young lawyers are an almost extinct species. The current trends are not unprecedented. As one of the first areas to industrialize, New England saw its young people leave the countryside early and start to flock to growing cities. As the …
Rural Practice As Public Interest Work, Hannah Haksgaard
Rural Practice As Public Interest Work, Hannah Haksgaard
Maine Law Review
As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.
Foreword, Mac Walton Editor-In-Chief
Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts
Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts
Maine Law Review
The Commission on Gender, Justice, and the Courts was established by the Maine Supreme Judicial Court in January 1993, pursuant to a resolution adopted by the Conference of Chief Justices in 1988 urging the creation of task forces to study gender bias and minority concerns within court systems. In recent years, forty-one states, the District of Columbia, and two federal circuits have established task forces on gender bias in the courts as part of a continuing effort to achieve equality for women and men in American society. These jurisdictions recognized that access to a neutral and unbiased court is essential …
Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein
Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein
Maine Law Review
The Fifth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 8, 1996. This year’s lecturer, Alvin J. Bronstein, the founding Executive Director of the National Prison Project of the American Civil Liberties Union, presented “Representing the Powerless: Lawyers Can Make a Difference.”
To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese
To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese
Maine Law Review
The law is the cornerstone of our society, one of the pillars of civilization, the very “witness … of our moral life.” In the words of former Chief Justice Earl Warren, “[t]he greatest issue before the world today is law.” He continued: “But throughout history, and never more than in our own day, the great question has been whether that law was to be compatible with the basic instinct of all human beings for freedom, for opportunity, for dignity and for peace.” At a time when the challenge to realize this essential congruity has never been more pronounced, the soul …
Then And Now: A Perspective, Caroline D. Glassman
Then And Now: A Perspective, Caroline D. Glassman
Maine Law Review
I am very pleased to have been asked to speak to you tonight for it gives me, in the first instance, an opportunity to compare the status of women in the law when I entered law school with that in more current times. I do this without fear of contradiction for I can safely vouch for the fact that there is no other person present here tonight who was a woman law student 50 or so years ago.
Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow
Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow
Maine Law Review
I am not exactly sure why, but when I turned to think about legal education for today's conference, Mary Shelley's Frankenstein came to mind. It was not because of my own nightmares that my chosen profession as law professor involves turning ordinary people into monsters, although that's a thought we can explore perhaps over drinks. It was because of this comment Shelley makes in the book: “If the study to which you apply yourself has a tendency to weaken your affections, and to destroy your taste for those simple pleasures in which no alloy can possibly mix, then that study …
Competing Liabilities: Responding To Evidence Of Child Abuse That Surface During The Attorney-Client Relationship, Alison Beyea
Competing Liabilities: Responding To Evidence Of Child Abuse That Surface During The Attorney-Client Relationship, Alison Beyea
Maine Law Review
Kevin Adams, a practicing attorney in Maine, represents John Brown in a dispute with Brown's landlord. Brown is facing eviction as a result of his inability to pay the rent. Over the course of the representation, Adams has come to believe that Brown is abusing his son. Brown--who is working two jobs but still cannot pay his rent--has told Adams of the incredible pressure he is facing. Brown has admitted that the pressure is getting to him and that he feels bad that he has been “taking it out on the kid.” Brown also told Adams that he had been …
Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer
Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer
Maine Law Review
The Annual Edward S. Godfrey Lecture at the University of Maine School of Law was held on November 12, 1998. Professor Thomas L. Shaffer, Edward S. Godfry Professor of Law, presented “Towering Figures, Enigmas, and Responsive Communities in American Legal Ethics.”
Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.
Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.
Maine Law Review
A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …
The Lawyer As A Public Citizen, Cruz Reynoso
The Lawyer As A Public Citizen, Cruz Reynoso
Maine Law Review
The Eleventh Annual Frank M. Coffin Lecture on Law and Public Service was held on October 17, 2002. Cruz Reynoso, Boochever and Bird Professor of Law at the University of California at Davis, School of Law and retired Associate Justice of the California Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law. The Board and Staff of Volume 55 are honored to continue the tradition of publishing …
Strengthening Democracy: The Challenge Of Public Interest Law, Scott Harshbarger
Strengthening Democracy: The Challenge Of Public Interest Law, Scott Harshbarger
Maine Law Review
The Twelfth Annual Frank M. Coffin Lecture on Law and Public Service was held in the fall of 2003. Scott Harshbarger, former President of Common Cause and Massachusetts Attorney General, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law.
Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann
Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann
Maine Law Review
Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that the …
Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey
Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey
Maine Law Review
I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult it …