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Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher 2017 Duke Law

Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher

Duke Law & Technology Review

The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory challenges created by the new technology. Congress instructed the FAA to integrate drones into the National Airspace System in 2012, but rulemaking delays and a moratorium on commercial uses hampered the industry and withheld benefits from the public. Final regulations are now in place, but the new rules revive legal uncertainty over the constitutional limits of federal authority and the ambiguous vertical bounds ...


Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Ross 2017 York University, Osgoode Hall Law School

Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Ross

Western Journal of Legal Studies

Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and ...


Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier 2017 University of Toronto

Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier

Western Journal of Legal Studies

Canadian Prime Minister Justin Trudeau has repeatedly promised to meet the Indian Residential School Truth and Reconciliation Commission’s recommendation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a framework for reconciliation. This commitment is significant as Canada’s position on UNDRIP has been highly contested. In particular, the compatibility of UNDRIP’s Free, Prior, and Informed Consent (FPIC) standard with Canadian law has been repeatedly called into question. This work evaluates the possibility and importance of implementing FPIC in Canada. It begins with an overview of FPIC internationally and of FPIC in relation ...


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 ...


Algorithms, Expression And The Charter: A Way Forward For Canadian Courts, Veenu Goswami 2017 University of Toronto, Faculty of Law

Algorithms, Expression And The Charter: A Way Forward For Canadian Courts, Veenu Goswami

Western Journal of Legal Studies

As a result of rapid advances in technology and computer programming, algorithms are increasingly able to generate expressive material. In light of these advances, it is inevitable that courts will be asked to determine whether this algorithmically generated content is protected expression under section 2(b) of the Canadian Charter of Rights and Freedoms. Although algorithmically generated content can serve many of the same constitutionally-protected purposes as human expression, this paper explains why the Supreme Court of Canada’s current framework is inadequate for use in the context of algorithmically generated content. This paper offers a proactive and principled solution ...


You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li 2017 The University of Western Ontario

You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li

Western Journal of Legal Studies

The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors ...


What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull 2017 University of Maine School of Law

What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull

Maine Law Review

In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an ...


State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci 2017 University of Maine School of Law

State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci

Maine Law Review

Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment." However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the states. As ...


Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots 2017 University of Maine School of Law

Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots

Maine Law Review

By 1974, the U.S. Congress recognized that employer-provided retirement pension plans had “become an important factor affecting the stabilization of employment and the successful development of industrial relations” and enacted the Employee Retirement Income Security Act (ERISA) with the aim of protecting “the interests of participants in employee benefit plans and their beneficiaries.” In enacting ERISA, Congress established “standards of conduct, responsibility, and obligation[s] for fiduciaries of employee benefit plans” and provided for “appropriate remedies, sanctions and ready access to the Federal courts.” Apart from creating federal causes of action to ensure efficient and equitable administration of private ...


Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel Johnson 2017 University of Maine School of Law

Are You My Mother? A Critique Of The Requirements For De Facto Parenthood In Maine Following The Law Court's Decision In Pitts V. Moore, Samuel Johnson

Maine Law Review

Are you my mother? The answer to this question may not have been very difficult to ascertain years ago, however it is not so easily answered today. With advancements in technology, shifts in family structures, and changes in social norms, new legal issues pertaining to parental rights have materialized. The right to raise a child as one sees fit is one of the oldest fundamental rights recognized and protected by the United States Constitution. However, courts are now being asked to consider the rights of “legal strangers” at the expense of the biological or legal parent. One method that a ...


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 ...


The Road Less Travelled: The Maine Energy Cost Reduction Act, Econmic Federalism, And A Modern Approach To Preemption Analysis Under The Natural Gas Act Of 1938, Benjamin T. McCall 2017 University of Maine School of Law

The Road Less Travelled: The Maine Energy Cost Reduction Act, Econmic Federalism, And A Modern Approach To Preemption Analysis Under The Natural Gas Act Of 1938, Benjamin T. Mccall

Maine Law Review

The saying “you can’t get there from here” is as authentically Maine as blueberries or lobster. Made famous in the mid-20th century by the storytelling troupe Bert and I, the colloquial phrase typifies the quirkiness and with that one often encounters north and east of the New Hampshire border. Despite the attempt at humor, the saying is apropos when one considers Maine’s position in both New England and the country. Being at the end of the line certainly has its advantages, among them being hundreds of square miles of untamed forest, and a bevy of natural resources that ...


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 ...


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