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Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Brittany Anderson 2017 University of Richmond

Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Brittany Anderson

Richmond Public Interest Law Review

No abstract provided.


2016 Symposium Keynote Address, Mark Herring 2017 Attorney General, Virginia

2016 Symposium Keynote Address, Mark Herring

Richmond Public Interest Law Review

No abstract provided.


2016 Symposium: Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Shannon Taylor, Brittany Anderson, Timothy S. Coyne, Tara Casey 2017 University of Richmond

2016 Symposium: Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Shannon Taylor, Brittany Anderson, Timothy S. Coyne, Tara Casey

Richmond Public Interest Law Review

No abstract provided.


The Resurgence Of Heroin: Benefiting From The Current Political Climate, Timothy S. Coyne 2017 University of Richmond

The Resurgence Of Heroin: Benefiting From The Current Political Climate, Timothy S. Coyne

Richmond Public Interest Law Review

No abstract provided.


Personal Reflections On The Opioid Epidemic And Legal Responses, The Honorable Catherine Currin Hammond, Shannon Taylor 2017 University of Richmond

Personal Reflections On The Opioid Epidemic And Legal Responses, The Honorable Catherine Currin Hammond, Shannon Taylor

Richmond Public Interest Law Review

No abstract provided.


Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Apr. 2017)., Janelle M. Langan 2017 Georgetown University Law Center

Ptsd In Military Service Members: To Care For Him Who Shall Have Borne The Battle, 19 Depaul J. Health Care L. (Forthcoming Apr. 2017)., Janelle M. Langan

Janelle M. Langan

Posttraumatic Stress Disorder (“PTSD”) is the most prevalent mental health disorder among our military service members. The diagnosis of stress from combat has been controversial as it has evolved historically. The diagnosis of PTSD among military service members and veterans is riddled with competing political agendas focused upon the cost of war. Political actors that support war seek to minimize the cost of war, while those political actors that do not support war seek to maximize the cost of war. This conflicting political agendas affects the funding, support, and care provided to veterans for the trauma they endured during the ...


Mcdonnell V. United States: Defining “Official Action” In Public Corruption Law, Christopher Murphy 2017 Duke Law

Mcdonnell V. United States: Defining “Official Action” In Public Corruption Law, Christopher Murphy

Duke Journal of Constitutional Law & Public Policy Sidebar

McDonnell v. United States involved the former Governor of Virginia leveraging the power of his position to help a wealthy constituent gain access to top state decision makers in exchange for valuable gifts and loans. The Government argued that conduct like setting up phone calls and meetings, as well as hosting receptions on behalf of the constituent was sufficient to constitute an “official act” under public corruption laws. Governor McDonnell argued for a narrower interpretation of “official act,” claiming that his conduct was akin to run of the mill things public officials do every day to benefit their constituents. The ...


In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue 2017 University of Pennsylvania Law School

In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue

Faculty Scholarship

For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to “restate” the common law governing such liability insurance policies, and we are the reporters. In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement:

(a) are radically contrary to existing case law,

(b) have a naïve “pro-policyholder” bias that ignores basic economic ...


The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. McMullen 2017 University of Maine School of Law

The Law Court's Unfinished Analysis In State V. Ali: Applying Padilla In Maine To Remove Procedural Barriers To Non-Citizens' Ineffective Assistance Of Counsel Claims, Hannah M. Mcmullen

Maine Law Review

The outcome in State v. Ali exemplifies the procedural barriers that prevent a non-citizen of the United States from raising an ineffective assistance of counsel claim while subject to deportation as a result of a criminal conviction pursuant to the Immigration and Nationality Act. Fahad Ali, a non-citizen of the United States residing in Maine, pleaded guilty to and was convicted of aggravated trafficking of marijuana and was subsequently subject to deportation as a result of that conviction. Ali filed a motion for a new trial claiming that he did not receive effective assistance of counsel under the Sixth Amendment ...


State V. Mcpartland: Applying The Reasonable Articulable Suspicion Standard To Secondary Screening Referrals At Sobriety Checkpoints In Maine And The Proper Role Of The Law Court In Reviewing A Trial Court's Application Of This Standard, Holly L. Doherty 2017 University of Maine School of Law

State V. Mcpartland: Applying The Reasonable Articulable Suspicion Standard To Secondary Screening Referrals At Sobriety Checkpoints In Maine And The Proper Role Of The Law Court In Reviewing A Trial Court's Application Of This Standard, Holly L. Doherty

Maine Law Review

In State v. McPartland, Mallory McPartland challenged her conviction for operating under the influence, arguing that the trial court erred when it denied her motion to suppress evidence obtained in a sobriety checkpoint that led to her arrest. In a 4-3 decision, the Supreme Judicial Court of Maine, sitting as the Law Court, affirmed the judgment against McPartland. This case centered on a matter of first impression in Maine—what constitutional standard should a law enforcement officer apply when determining whether a motorist, lawfully stopped at a sobriety checkpoint, may be kept for secondary screening? The majority concluded, and the ...


Fishing, Fowling, And Dockominiums: Maine's Need For A New Approach To Public And Private Intertidal Rights, Agnieszka A. Pinette 2017 University of Maine School of Law

Fishing, Fowling, And Dockominiums: Maine's Need For A New Approach To Public And Private Intertidal Rights, Agnieszka A. Pinette

Maine Law Review

In the sixteenth century, Queen Elizabeth recognized the public’s inalienable right to the sea. Despite the intuitive concept embodied in the Queen’s pronouncement, a centuries-old debate over the public’s right to the seashore continues to occupy the attention of Maine’s bar and bench. In 2011, for example, the Supreme Judicial Court of Maine, sitting as the Law Court, handed down a decision that maintains Maine’s prevailing judicial analytical framework for resolving property disputes in the intertidal zone. In McGarvey v. Whittredge, the plaintiffs, claiming ownership of the intertidal zone, brought an action in trespass and ...


Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonette 2017 University of Maine School of Law

Domestic Violence And Enforcement Of Protection From Abuse Orders: Simple Fixes To Help Prevent Intra-Family Homicide, Nicole R. Bissonette

Maine Law Review

Domestic violence has long been recognized as a pressing law enforcement and societal concern, and both federal and state governments have continued to pursue strategies to address the issue. Beyond the criminal threatening, assaults, batteries, and other physical atrocities that victims face, domestic violence provides an added horror—“obliterating personhood, suspending identity and nullifying any notion of personal autonomy.” To address these concerns, legislatures created Protection from Abuse Orders (hereinafter PFAs), to protect those that have been subject to abuse from trusted family members or dating partners. Unfortunately, victims then place their trust in the system, which often fails to ...


What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney 2017 University of Maine School of Law

What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney

Maine Law Review

On New Year’s Eve 1981, seventeen year old Kevin Tunell, returning home from a party at which he had consumed a large amount of champagne, struck and killed eighteen year old Susan Herzog. In 1982, Tunell pleaded guilty to manslaughter and was sentenced to lecture to teens on the dangers of drunk driving for one year. Herzog’s family, outraged at what they perceived to be the leniency of the sentence, brought a civil action against Tunell, obtaining a $100,000 settlement from his insurance company. In addition, Tunell agreed to send one dollar to Herzog’s family every ...


Mediation And International Investment: A Chinese Perspective, Wang Guiguo, HE Xiaoli 2017 University of Maine School of Law

Mediation And International Investment: A Chinese Perspective, Wang Guiguo, He Xiaoli

Maine Law Review

The most important feature of the contemporary world is globalization with a high degree of economic interdependence among nations, which includes breaking down national economic barriers as well as the increasing cross-border economic exchanges and transactions of goods, services, and capital, not only in a large scale but also at a high frequency. The spread of market economy across the globe has created a global market, which effectively allocates resources and distributes them at a global level. It was the development of technology relating to information, transportation, and communications, such as the internet and teleconferencing, that enabled the effective and ...


Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian 2017 University of Maine School of Law

Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian

Maine Law Review

Title VII of the Civil Rights Act of 1964 makes discrimination in employment unlawful, but only based on certain suspect classes: race, color, religion, sex, and national origin. Courts have interpreted the statute to ban workplace harassment in this same limited fashion, refusing to recognizg harassment claims based on sexual orientation or any other unspecified classification.Although Congress may regulate in this selective manner consistent with equal protection, workplace harassment differs from other forms of discrimination proscribed under Title VII in one very important respect—workplace harassment is often achieved through an array of expression traditionally protected under the First ...


The Difficulties Of Encouraging Cooperation In A Zero-Sum Game, Jacob R. Kreutzer 2017 University of Maine School of Law

The Difficulties Of Encouraging Cooperation In A Zero-Sum Game, Jacob R. Kreutzer

Maine Law Review

The Federal Rules of Civil Procedure generally provide only the “rules of the road” on which litigation is conducted. However, in some areas the Rules step outside of this role and attempt to overtly encourage cooperation. One such rule is Rule 68, which allows a defendant to make an offer of judgment to the plaintiff, and provides that if the plaintiff refuses and subsequently wins less money than the defendant offered, the plaintiff must cover the defendant’s costs. Rule 68 was launched into prominence when the Supreme Court ruled, in Marek v. Chesney that a Rule 68 offer could ...


Bargaining For Power: Resolving Open Questions From Nrg Power Marketing, Llc V. Maine Public Utlitities Commission, Michael Keegan 2017 University of Maine School of Law

Bargaining For Power: Resolving Open Questions From Nrg Power Marketing, Llc V. Maine Public Utlitities Commission, Michael Keegan

Maine Law Review

Many industries are subject toregulation, whether by the federal government,the state, or both. Electric utilitycompanies’ retail rates are subject to regulationby the states, and their wholesale ratesharged among enterprises involved in providing the electric power to retail sellers are regulated by the federal government. Under the Federal Power Act of 1935 (“FPA”), the Federal Energy Regulatory Commission (“FERC”) is responsible for ensuring that rates for wholesale electric power sales and electric transmission are “just and reasonable.” The “classic scheme” of administrative rate setting called for rates to be established unilaterally by the regulated companies and set forth in rate ...


Constitution Day Lecture: American Constitutionalism, Almost (But Not Quite) Version 2.0, Richard H. Fallon, Jr. 2017 University of Maine School of Law

Constitution Day Lecture: American Constitutionalism, Almost (But Not Quite) Version 2.0, Richard H. Fallon, Jr.

Maine Law Review

On February 7, 2012, a front-page article in The New York Times reported that the Constitution of the United States has ceased to be the leading model for constitution-writers in other countries. According to The Times, and to the law review article on which The Times based its report, the U.S. Constitution has fallen increasingly out of alignment with an evolving international consensus regarding the individual rights that a constitution ought to protect. In addition, the constitutions of other countries copy the structural provisions of the U.S. Constitution—involving federalism and the separation of powers—far less frequently ...


Kentucky V. King: A New Approach To Consent-Based Police Encounters?, Jamesa J. Drake 2017 University of Maine School of Law

Kentucky V. King: A New Approach To Consent-Based Police Encounters?, Jamesa J. Drake

Maine Law Review

The exigent circumstances exception to the warrant requirement permits the police to enter a private residence, without prior judicial approval, whenever the police have an objectively reasonable basis for believing that the destruction of evidence is imminent or underway. The United States Supreme Court’s most recent pronouncement in the exigent circumstances realm—Kentucky v. King—is not a case about exigent circumstances per se. Instead, King concerns the “policecreated exigency” doctrine, a concept that the vast majority of federal and state courts already recognize.This doctrine adds a crucial caveat to the exigent circumstances rule, but it is not ...


Art Crimes?: Theoretical Perspectives On Copyright Protection For Illegally Created Graffiti Art, Jamison Davies 2017 University of Maine School of Law

Art Crimes?: Theoretical Perspectives On Copyright Protection For Illegally Created Graffiti Art, Jamison Davies

Maine Law Review

This paper begins by examining whether illegally-created graffiti art is entitled to copyright protection under the current copyright law. Analogies are made to other forms of unwanted expression, fraud and obscenity, and their historical and current copyright status. The remainder of the paper uses graffiti art as a lens through which to examine various theoretical explanations of copyright, both as descriptive theories of production and as normative theories of protection.


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