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Full-Text Articles in Legal Profession

Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr. May 2018

Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr.

Maine Law Review

The following remarks were delivered on October 13, 1992, on the occasion of the first Frank M. Coffin Lecture on Law and Public Service, henceforth to be an annual event at the University of Maine School of Law. The speech was written by the late Joseph L. Rauh, Jr., who died a few weeks before the speech was to be given. The speech was presented by his widow, Olie Rauh, and their son, Michael Rauh.


Basic Trial Advocacy, Michael W. Mullane Apr 2018

Basic Trial Advocacy, Michael W. Mullane

Maine Law Review

Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and all …


Casco Northern Bank V. Jbi Associates: Imputed Disqualification For Maine's Migratory Lawyer, Michael J. Canavan Apr 2018

Casco Northern Bank V. Jbi Associates: Imputed Disqualification For Maine's Migratory Lawyer, Michael J. Canavan

Maine Law Review

The practice of law in Maine, as elsewhere in the United States, is changing. Problems that previously have been considered insignificant are more pronounced because of the increase in the number of practicing attorneys. One problem likely to be confronted by Maine lawyers on an increasing basis is that of determining the appropriateness of representing a party against a former client of the lawyer or the lawyer's firm. This problem is complicated by today's competitive job market for lawyers, which forces inexperienced lawyers to switch firms more frequently than in the past. While it is a generally accepted axiom that …


Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts Mar 2018

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 Mar 2018

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.”


A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest Mar 2018

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated in the …


To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese Mar 2018

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 Mar 2018

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 Mar 2018

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 Feb 2018

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 Feb 2018

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.”


Valedictory, David D. Gregory Feb 2018

Valedictory, David D. Gregory

Maine Law Review

Since 1998, David was asked by successive graduating classes to speak at their commencement exercises. The valedictory address he delivered on each of those occasions was pure David—brief, seemingly simple, and filled with much wisdom and lots of good cheer. It seemed to many of us at the Law School to be the perfect tribute to David and all he taught us.


Introduction Of The Valedictory, Colleen A. Khoury Feb 2018

Introduction Of The Valedictory, Colleen A. Khoury

Maine Law Review

Since 1998, David was asked by successive graduating classes to speak at their commencement exercises. The valedictory address he delivered on each of those occasions was pure David—brief, seemingly simple, and filled with much wisdom and lots of good cheer. It seemed to many of us at the Law School to be the perfect tribute to David and all he taught us.


Tribute To David Gregory, Esq., Michael P. Cantara Feb 2018

Tribute To David Gregory, Esq., Michael P. Cantara

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


A Tribute To Professor David Gregory, Donald N. Zillman Feb 2018

A Tribute To Professor David Gregory, Donald N. Zillman

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


Remembrance Of Professor David Gregory, Arthur R. Dingley Feb 2018

Remembrance Of Professor David Gregory, Arthur R. Dingley

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


"Is This Case Just?" A Remembrance Of Professor David Gregory, Louis D. Flori Feb 2018

"Is This Case Just?" A Remembrance Of Professor David Gregory, Louis D. Flori

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


David Gregory: Special Master For Pineland Decree, Kevin W. Concannon Feb 2018

David Gregory: Special Master For Pineland Decree, Kevin W. Concannon

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


David Gregory: "Fellow Seeker", Frank M. Coffin Feb 2018

David Gregory: "Fellow Seeker", Frank M. Coffin

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


Remembrance Of Professor David Gregory, Gerald F. Petruccelli Feb 2018

Remembrance Of Professor David Gregory, Gerald F. Petruccelli

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


Remembrance Of Professor David Gregory, Melvyn H. Zarr Feb 2018

Remembrance Of Professor David Gregory, Melvyn H. Zarr

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


Early Work At The State Level, Edward S. Godfrey Feb 2018

Early Work At The State Level, Edward S. Godfrey

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


A Service In Celebration Of The Life Of Professor David Gregory, Colleen A. Khoury Feb 2018

A Service In Celebration Of The Life Of Professor David Gregory, Colleen A. Khoury

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


David D. Gregory, Timothy P. Mccormack Editor-In-Chief Feb 2018

David D. Gregory, Timothy P. Mccormack Editor-In-Chief

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


Remembrance Of Professor David Gregory, Timothy P. Mccormack Editor-In-Chief Feb 2018

Remembrance Of Professor David Gregory, Timothy P. Mccormack Editor-In-Chief

Maine Law Review

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion …


Must The Interests Of The Client Always Come First?, Alan B. Morrison Feb 2018

Must The Interests Of The Client Always Come First?, Alan B. Morrison

Maine Law Review

The Ninth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 12, 2000. Alan B. Morrison, Co-Founder and Director of the Public Citizen Litigation Group, 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 53 are honored to continue the tradition of publishing this lecture series.