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Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins 2017 University of Georgia School of Law

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus III 2017 University of Georgia School of Law

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith 2017 The Catholic University of America, Columbus School of Law

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Catholic University Law Review

When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This ...


The Age Of Constitutions In The Americas, M C. Mirow 2017 Florida International University College of Law

The Age Of Constitutions In The Americas, M C. Mirow

M. C. Mirow

The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and ...


The Disposition Of Human Remains And Organ Donation: Increasing Testamentary Freedom While Upholding The No Property Rule, Louise M. Mimnagh 2017 Osgoode Hall Law School

The Disposition Of Human Remains And Organ Donation: Increasing Testamentary Freedom While Upholding The No Property Rule, Louise M. Mimnagh

Western Journal of Legal Studies

In terms of real and personal property, Canadian law grants individuals substantial testamentary freedom in the disposition of their estate. However, in regards to human remains, Ontario has upheld the common law’s longstanding “No Property Rule,” which prevents testamentary freedom in regards to one’s bodily remains. In light of changing societal notions of property and value with respect to the human body, this article argues in favour of implementing greater testamentary freedom for individuals in regards to the disposition of their body, organs, tissue, and fluids. This article reviews alternative approaches to the testamentary disposition of human remains ...


Legal Aid And Legal Services: An Overview, The Honorable Howard Dana 2017 University of Maine School of Law

Legal Aid And Legal Services: An Overview, The Honorable 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 2017 University of Maine School of Law

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 ...


Rediscovering Senator Edmund Muskie, The Honorable Kermit V. Lipez 2017 University of Maine School of Law

Rediscovering Senator Edmund Muskie, The Honorable 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 ...


Legal Aid And Legal Services: An Overview, The Honorable Howard Dana 2017 University of Maine School of Law

Legal Aid And Legal Services: An Overview, The Honorable 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 2017 University of Maine School of Law

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 ...


Presidential Fiscal Accoutability Following The Budget Act Of 1974, Louis Fisher 2017 University of Maine School of Law

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, The Honorable Andrew M. Mead 2017 University of Maine School of Law

Remembering Ed Muskie: His Commitment And Contributions To Civil Access To Justice, The Honorable 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, The Honorable Howard Dana 2017 University of Maine School of Law

Legal Aid And Legal Services: An Overview, The Honorable 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 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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, Peter Pitegoff 2017 University of Maine School of Law

Edmund Muskie's Creative Federalism And Urban Development, 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 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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 Enviornmental Leader And Champion, Joel K. Goldstein 2017 University of Maine School of Law

Edmund S. Muskie: The Enviornmental 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 ...


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