Legal Profession Commons^™

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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, …

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 …

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

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

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.

Some Reflections On Dissenting, Kermit V. Lipez

Maine Law Review

In the collegial world of appellate judging, where the dominant impulse is consensus, dissents depart from the norm. If their language is sharp, the dissents may offend colleagues and worry court watchers who expect consensus. These self-assigned opinions also add to the pressures of the work. Given these implications, the choice to dissent should never be a casual one. You must weigh the institutional and personal costs and benefits, understand the purpose of the dissent and the audiences for it, and always be attentive to style and tone. In a haphazard sort of way, I consider these issues when I …

Tilt, Steven Lubert

Maine Law Review

In poker, everybody loses sooner or later. Sometimes it’s just a few hands, and sometimes you lose for the whole night (or longer). Sometimes the losses are your own fault, and sometimes you can play perfectly and still go broke. The point is that losing is part of the game. No one is immune from it, and even the most skilled players cannot avoid it. In the long run, of course, there is no luck in poker, and the best players will eventually win. But as the card player and poet A. Alvarez explained, there is plenty of luck, both …

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 legal assistant in …

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

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 …

The New Phoenix: Maine's Innovative Standards For Guardians Ad Litem, Dana E. Prescott

Maine Law Review

In a 2014 article in the Maine Law Review, the author reviewed the historical and legal foundations for guardian ad litem (GAL) appointments by judges on behalf of children in Maine. GALs are appointed to provide the court with investigative facts and recommendations concerning the best interest of a child. The implications and frustrations expressed during political and policy discussions reflect a broader national debate deeply rooted in the power of family law courts when child custody or abuse and neglect are alleged. Whether in the form of child protection or child custody litigation, the sheer volume and complexity of …

The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica

Faculty Publications

The lack of available resources to make civil justice available to all, coupled with the fact that existing strategies fail to account for the research on cognitive capacity and other deployment challenges faced by the poor, explain in large part why a high percentage of low-income individuals facing legal problems fail to take action to respond to their legal problems. Such a failure to respond in a timely fashion to a nascent legal problem can lead to an escalation of the initial problem and the emergence of new ones.

The access-to-justice community has begun to respond to this intensifying crisis …