Honorable John D. Clifford, Jr. A Memoir By His Three Law Clerks, 2018 University of Maine School of Law
Honorable John D. Clifford, Jr. A Memoir By His Three Law Clerks, Frank M. Coffin, L. Damon Scales Jr., Richard E. Poulos
Maine Law Review
The domain over which United States District Judge John D. Clifford, Jr. presided from 1947 until his death in 1956 was very different from what it is today. Anyone could walk into the federal courthouse in Portland. Security guards were unknown, and lawyers, litigants, and passers-by were free to come and go. A leisurely air pervaded all the court offices. There was no hurry. This was an era when there were only two lawyers in the United States Attorney's office: the United States Attorney and his one assistant.
Sidney W. Wernick: In Memoriam, 2018 University of Maine School of Law
Sidney W. Wernick: In Memoriam, Edward S. Godfrey
Maine Law Review
A common sentiment has it that we should bear the death of our elders with a kind of sensible equanimity. The idea seems to be that the old folks have had their turn, served out their usefulness, and, by their departure, have beneficently made more room for the rest of us. Or, more charitably, in a culture that still resonates now and then to Biblical thought, perhaps we are moved to that common sentiment by the mournful cadence of the Ninetieth Psalm, which warns us of the “labour and sorrow” attending survival of the “strong” beyond three score and ten ...
Basic Trial Advocacy, 2018 University of Maine School of Law
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 ...
A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, 2018 University of Maine School of Law
A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr.
Maine Law Review
This Comment will examine briefly the history of the right to counsel and the accompanying right to the effective assistance of counsel in this country. At the time the Sixth Amendment was included in the Bill of Rights, the United States rejected the English practice of denying the right to counsel to those accused of felonies while granting the right to those charged with misdemeanors. People in the United States have enjoyed the right to counsel in all criminal cases, felonies and misdemeanors, since 1791. Yet in a very real and dangerous sense, the courts have reversed the course of ...
Trust In The Jury System As A Predictor Of Juror/Jury Decisions, 2018 University of Nebraska - Lincoln
Trust In The Jury System As A Predictor Of Juror/Jury Decisions, Kimberly S. Dellapaolera, Bailey A. Barnes, Brian H. Bornstein
UCARE Research Products
To determine whether jurors’ attitudes are correlated with their verdicts and judgments at trial, the present experiments examined the relationship between individuals’ trust in the jury system, other legal attitudes, and their verdict judgments, at both the individual (juror) and group (jury) level. We used a binary logistic regression model to examine the factors—jury instructions and individual difference measures—that contribute to a juror’s verdict. The results indicate that jurors with higher PJAQ and JUST scores had a higher likelihood of voting guilty on a homicide trial involving a mercy killing. It was also found that the majority ...
Can A Court Change The Law By Saying Nothing?, 2018 Boston University School of Law
Can A Court Change The Law By Saying Nothing?, Paul Gugliuzza, Mark A. Lemley
Can an appellate court alter substantive law without writing an opinion? We attempt to answer that question by conducting a novel empirical investigation into how the Federal Circuit has implemented the Supreme Court’s 2014 ruling in Alice v. CLS Bank, the most recent in a series of Supreme Court decisions strengthening patent law’s patentable subject matter requirement. Our dataset includes each one of the Federal Circuit’s more than 100 decisions on patentable subject matter in the three years since Alice, including affirmances issued without an opinion under Federal Circuit Rule 36.
Including those no-opinion affirmances, the Federal ...
The Pragmatism Of Interpretation: A Review Of Richard A. Posner, The Federal Judiciary, 2018 United States Court of Appeals for the Sixth Circuit
The Pragmatism Of Interpretation: A Review Of Richard A. Posner, The Federal Judiciary, Amul R. Thapar, Benjamin Beaton
Michigan Law Review
A review of Richard A. Posner, The Federal Judiciary.
Assessing The Perceptions Of The Use Of A Courthouse Facility Dog Program With Child And Youth Witnesses, 2018 The University of Western Ontario
Assessing The Perceptions Of The Use Of A Courthouse Facility Dog Program With Child And Youth Witnesses, Melissa Glazer
Electronic Thesis and Dissertation Repository
This study evaluates the use of a courthouse facility dog program as a testimonial aid for children and youth testifying in court to help reduce secondary trauma. Court officials’ perceptions of the use of a courthouse facility dog program were assessed through a structured interview and a short self-report measure. A total of seven court officials participated in the study. Results indicate that court officials perceive the use of a courthouse facility dog to be beneficial for children and youth who are experiencing challenges testifying in court. In addition, results show that some respondents perceived a degree of bias against ...
Twitter And The #So-Calledjudge, 2018 Southern Methodist University
Twitter And The #So-Calledjudge, Elizabeth Thornburg
SMU Law Review
Two-hundred-eighty characters may be insufficient to deliver a treatise on the judiciary, but it is more than enough to deliver criticism of the third branch of government. Today, these tweeted critiques sometimes come not from the general public but from the President himself. Attacks such as these come at a challenging time for court systems. We live in a highly politicized, polarized society. This polarization is reflected in attitudes toward the courts, particularly the federal courts. Unfortunately, public doubts about the court system come at a time when public understanding of the structure of government, and especially the court system ...
The Curious Origin Of Texas Pleading, 2018 Texas Court of Appeals for the Fifth Court of Appeals District
The Curious Origin Of Texas Pleading, Justice Jason Boatright
SMU Law Review
For 150 years, judges and legal scholars said that the Texas pleading system came from Spain. They explained that Mexico used a simple Spanish pleading system that English-speaking immigrants to Mexican Texas liked more than the complicated procedure they had known in the United States. After separating from Mexico, the story goes, Texas retained the Spanish system.
But that story is probably wrong. The Republic of Texas enacted its first pleading law in 1836. It does not look like Spanish pleading laws; it looks like an 1824 law written by Stephen F. Austin for his colony’s alcalde courts. Austin ...
National Association Of Manufacturers V. Department Of Defense, 2018 Alexander Blewett III School of Law at the University of Montana
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land and Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, 2018 University of Pennsylvania Law School
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to promote greater use of fossil fuels are disregarding climate science. This Article argues that this massive and historic deregulation may spawn yet another wave of legal innovation as litigants, including states and their political subdivisions, return to the common law to protect the health of the planet. Prior to the emergence of the major federal environmental laws in the 1970s, the common law of nuisance gave rise to the earliest environmental decisions in U.S. history ...
Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, 2018 University of Maine School of Law
Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia
Maine Law Review
Kathleen Nuccio alleged that she was sexually abused by her father when she was three years old. He continued to sexually abuse her for ten long years. He threatened her life when he held a chisel to her throat and vowed to kill her if she ever told anyone of the abuse. Luke Nuccio not only sexually defiled his daughter but also verbally abused her and physically beat her until she was seventeen years old. One such beating caused damage so severe to Kathleen's ear that she was forced to have surgery. Kathleen never spoke of the abuse during ...
Report Of The Maine Commission On Gender, Justice, And The Courts, 2018 University of Maine School of Law
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 ...
A Matter Of Interpretation: Federal Courts And The Law, 2018 University of Maine School of Law
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 ...
The Lottery Docket, 2018 Washington University in St. Louis
The Lottery Docket, Daniel Epps, William Ortman
Michigan Law Review
We propose supplementing the Supreme Court’s caseload with a “lottery docket” of cases selected at random from final judgments of the circuit courts. The Court currently possesses almost unfettered authority to set its own agenda through its certiorari jurisdiction. By rule and custom, the Court exercises that discretion by selecting cases that it sees as important, in a narrow sense of that term. The Court’s free hand in agenda setting has obvious benefits, but it has drawbacks as well. It deprives the Court of critical information about how the law operates in ordinary cases. It signals to circuit ...
Persuasive Authority And The Nebraska Supreme Court: Are Certain Jurisdictions Or Secondary Resources More Persuasive Than Others?, 2018 University of Nebraska-Lincoln
Persuasive Authority And The Nebraska Supreme Court: Are Certain Jurisdictions Or Secondary Resources More Persuasive Than Others?, Stefanie S. Pearlman
College of Law, Faculty Publications
In this article, the author analyzes whether the Nebraska Supreme Court—as currently composed—favors particular jurisdictions or certain types of secondary resources as authority when there is a lack of precedent on a given legal issue. For this study, the author reviewed the advance opinions in Volume 295 of the Nebraska Reports to address two hypotheses: (1) When there is an absence of binding authority, it is typically better to cite to a state similar to your state—one that borders your state or that shares the same circuit; and (2) When using secondary resources, it is better to ...
Punishment But Not A Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law, 2018 University of Michigan Law School
Punishment But Not A Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law, Paul A. Hoversten
Michigan Law Review
It is a well-established principle that no court applies the penal laws of another sovereign. But what exactly is a penal law? According to Judge Cardozo, a penal law effects “vindication of the public justice” rather than “reparation to one aggrieved.” Although courts have historically treated punitive damages as a purely civil remedy, that attitude has shifted over time. Modern American punitive damages serve not to compensate the plaintiff but to punish the defendant on behalf of the whole community. Therefore, when courts rely on foreign substantive law to impose punitive damages, they arguably violate the well-established principle that no ...
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, 2018 Morality in Media & National Center on Sexual Exploitation
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters
Dignity: A Journal on Sexual Exploitation and Violence
A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.
Newsroom: Court As Classroom 03-01-2018, 2018 Roger Williams University
Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.