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Conservation, Policy And The Role Of Counsel, David J. Halperin May 2025

Conservation, Policy And The Role Of Counsel, David J. Halperin

Maine Law Review

The conservation interests in the State of Maine have been roused to a furor by the decision of Maine's highest court in State v. Johnson. The case, in substance, holds that Maine's Wetlands Act is unconstitutional when applied to prohibit the filling of a specific segment of salt water marsh. While both the decision and the underlying statute are of considerable substantive interest, the case deserves particular study for the light it sheds on the role of counsel in helping the legal process accommodate new policy concerns. A note of caution must, of course, be sounded before seeking to generalize …


The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine May 2025

The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine

Maine Law Review

It is becoming increasingly obvious that the problems of poor people in the United States are dependent, more than those of other classes, upon the proper administration of government agencies. The contact of poor people with government agencies involves most of their chief concerns in life: Welfare, social security, adequate health care, adequate income from work, a safe and healthy place to live, whether privately or publicly owned, and schools that provide real education without racial or economic discrimination. Where payments are improperly withheld from a presumably destitute recipient, the need for a speedy and adequate remedy should be obvious. …


A Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii May 2025

A Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii

Maine Law Review

The oil industry is moving into Maine with plans to develop new oil ports and to build oil refineries along the coast. Although the Portland harbor is one of the busiest oil ports on the eastern seaboard, the enormous increase in oil transportation over Maine waters, as envisioned by the oil magnates, poses frightening consequences for Maine people. Responding to this threat and to a growing conservation lobby, as well as an aroused public, the 104th Legislature passed measures that hopefully will begin to cope with the problem. Hailed as landmark conservation legislation, the new laws go further than past …


Real Property Taxes In Maine And The Impoverished: An Expose?, J. Michael Conley Iii May 2025

Real Property Taxes In Maine And The Impoverished: An Expose?, J. Michael Conley Iii

Maine Law Review

As the clamor for war against poverty increases throughout our society, there are few social and legal spheres that remain unscathed. Congress and the state legislatures have finally begun to show compassion in enacting new laws concerning virtually every social field in an attempt to alleviate the atrocious conditions under which this nation's poor exist. Moreover, the judicial system seems to have gained more awareness of the legal standing of the poor man and has begun to vindicate his once-dormant constitutional and statutory rights. One poverty target that has been hit by both the lawmakers and the courts concerns the …


Bankruptcy Courts In Transition Toward Debtor Rehabilitation, Conrad K. Cyr May 2025

Bankruptcy Courts In Transition Toward Debtor Rehabilitation, Conrad K. Cyr

Maine Law Review

This article attempts primarily to cope with the so-called debtor relief provisions of the Bankruptcy Act rather than with its ordinary or straight bankruptcy provisions. The different emphasis upon liquidation in ordinary bankruptcy and rehabilitation in debtor relief proceedings justifies their separate treatment. It must be cautioned, however, that not only the philosophy but many of the administrative and procedural precepts of chapters I-VII of the Bankruptcy Act are incorporated, either by word or implication, into the debtor relief chapters. Moreover, most types of cases filed under the Bankruptcy Act are administered by the same personnel in the same court …


Banning Congressional Stock Trading: Will Congress Vote For A Bill That Prevents Them From Profiting Off Industries They Regulate To Help Restore The Country’S Faith In The Political Process?, Priyanka Patel May 2025

Banning Congressional Stock Trading: Will Congress Vote For A Bill That Prevents Them From Profiting Off Industries They Regulate To Help Restore The Country’S Faith In The Political Process?, Priyanka Patel

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


All The Regulatory Light We Cannot See: The Impact Of Loper Bright On Regulating Artificial Intelligence In The Workplace, Bradford J. Kelley May 2025

All The Regulatory Light We Cannot See: The Impact Of Loper Bright On Regulating Artificial Intelligence In The Workplace, Bradford J. Kelley

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


The Quest For Algorithmic Justice In The Workplace: The Equal Employment Opportunity Commission And Other Federal Responses To Ai, Technology, And Enhanced Dangers Of Employment Discrimination, David Lopez May 2025

The Quest For Algorithmic Justice In The Workplace: The Equal Employment Opportunity Commission And Other Federal Responses To Ai, Technology, And Enhanced Dangers Of Employment Discrimination, David Lopez

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


A Voting Obstacle Course: Improving And Codifying New Hampshire Absentee Voting, Jessica Mcgloin May 2025

A Voting Obstacle Course: Improving And Codifying New Hampshire Absentee Voting, Jessica Mcgloin

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


"Significant Bodily Intrusions": Investigations Into Law Enforcement Phlebotomy, Anne Kathleen Johnson May 2025

"Significant Bodily Intrusions": Investigations Into Law Enforcement Phlebotomy, Anne Kathleen Johnson

Dissertations and Theses

This three-paper dissertation explores law enforcement phlebotomy, the ability of law enforcement officers to draw blood. Phlebotomy is both a ubiquitous, invasive diagnostic tool as well as a social site with complex relational dynamics at play between phlebotomist and patient. Through law enforcement phlebotomy, the blood draw is co-opted from the medical field into the policing field, and the normative framework through which it is used changes: whereas medical edicts instruct providers to work with patients through an ethics of care--respecting consent and refusal--policing is not similarly bound, instead operating through a prioritization of security and efficiency. In the articles …


From Factory Floors To Courtroom Doors: The New Jersey Law Revision Commission Review Of An Exception And A Defense To The Exclusive Remedy Of The New Jersey Workers’ Compensation Act, Whitney G. Schlimbach, Carol Disla-Roa May 2025

From Factory Floors To Courtroom Doors: The New Jersey Law Revision Commission Review Of An Exception And A Defense To The Exclusive Remedy Of The New Jersey Workers’ Compensation Act, Whitney G. Schlimbach, Carol Disla-Roa

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Quantitative Ai Risk Assessments: Opportunities And Challenges, David Piorkowski, Michael Hind, John Richards May 2025

Quantitative Ai Risk Assessments: Opportunities And Challenges, David Piorkowski, Michael Hind, John Richards

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Patients Are Entitled To Moore: Determining The Relationship Between Phenotype, Genotype, Spleens, Data, And Informed Consent, Charles E. Binkley May 2025

Patients Are Entitled To Moore: Determining The Relationship Between Phenotype, Genotype, Spleens, Data, And Informed Consent, Charles E. Binkley

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


The Ttp As An Effective Response To Sffa, Michael Asante-Appiah May 2025

The Ttp As An Effective Response To Sffa, Michael Asante-Appiah

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


002nd Amendment: License To Abuse While Armed? The Intersection Of Intimate Partner Violence And Second Amendment Rights, Laura Burkett May 2025

002nd Amendment: License To Abuse While Armed? The Intersection Of Intimate Partner Violence And Second Amendment Rights, Laura Burkett

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Doctors Playing Lawyers: Lessons For Professional Regulation In Crisis, Rebecca H. Allensworth May 2025

Doctors Playing Lawyers: Lessons For Professional Regulation In Crisis, Rebecca H. Allensworth

Vanderbilt Law School Faculty Publications

When someone gets in legal trouble in America, their case is almost invariably decided by a lawyer (a judge), lay people (a jury), or a combination of the two. Professional discipline, however, is a giant unexplained exception. In professional discipline matters, accusations of dangerous or incompetent practice are decided, usually in the first instance but always in the last, by state licensing boards composed of other members of the accused’s profession. These licensing boards wield immense power as labor regulatory institutions, covering ten times as many American workers as the minimum wage and more workers than private and public sector …


Bridging The Justice Gap: Low-Income Taxpayer Clinic At North Mississippi Rural Legal Services, Emma-Kathryn Bond May 2025

Bridging The Justice Gap: Low-Income Taxpayer Clinic At North Mississippi Rural Legal Services, Emma-Kathryn Bond

Honors Theses

Over the course of two years, I spent more than 130 hours completing on-the- ground volunteer work with the Low-Income Taxpayer Clinic (LITC), a clinic within North Mississippi Rural Legal Services that provides free legal assistance to individuals navigating disputes with the IRS. While the Sixth Amendment guarantees legal representation in criminal cases, no such guarantee exists for civil matters such as tax disputes, housing instability, or loss of public benefits. Clinics like LITC fill a crucial gap by offering support in areas that are often overlooked, such as tax law, where clients risk audits, wage garnishments, and court proceedings …


Police Questioning In Hospitals: Custodial Interrogation Or Not?, Jessica Wisowaty May 2025

Police Questioning In Hospitals: Custodial Interrogation Or Not?, Jessica Wisowaty

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy May 2025

Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy

Maine Law Review

Theodore Bernier was adjudicated a juvenile offender in September, 1966, and was subsequently committed to the Boys Training Center (BTC) for the term of his minority. In February, 1968, he was released on entrustment to his parents. Almost a year and a half later, Bernier was questioned by local police regarding his possible involvement in the theft of greenstamps from a local store. Although he was released without the police taking further action, they notified an aftercare and placement worker assigned to the BTC of the questioning. As a result, the BTC revoked the entrustment, and the police took him …


Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes May 2025

Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes

Maine Law Review

The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …


Conservation, Policy And The Role Of Counsel, David J. Halperin May 2025

Conservation, Policy And The Role Of Counsel, David J. Halperin

Maine Law Review

The conservation interests in the State of Maine have been roused to a furor by the decision of Maine's highest court in State v. Johnson. The case, in substance, holds that Maine's Wetlands Act is unconstitutional when applied to prohibit the filling of a specific segment of salt water marsh. While both the decision and the underlying statute are of considerable substantive interest, the case deserves particular study for the light it sheds on the role of counsel in helping the legal process accommodate new policy concerns. A note of caution must, of course, be sounded before seeking to generalize …


The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine May 2025

The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine

Maine Law Review

It is becoming increasingly obvious that the problems of poor people in the United States are dependent, more than those of other classes, upon the proper administration of government agencies. The contact of poor people with government agencies involves most of their chief concerns in life: Welfare, social security, adequate health care, adequate income from work, a safe and healthy place to live, whether privately or publicly owned, and schools that provide real education without racial or economic discrimination. Where payments are improperly withheld from a presumably destitute recipient, the need for a speedy and adequate remedy should be obvious. …


Privileged Communications: A Case By Case Approach, Josephine Citron May 2025

Privileged Communications: A Case By Case Approach, Josephine Citron

Maine Law Review

Privileged communications are communications which, because of a special relationship, are protected from revelation during the course of litigation. In the past, grants of privilege have been made by reference to professional groups rather than to the content of the particular communication, resulting in inconsistent treatment. Some professionals have secured absolute privileges for their relationships while others have been partially or totally unsuccessful. The inconsistencies are most clearly demonstrated by examining grants of privilege to medical, psychotherapeutic, and social work personnel, although it is not intended that the case by case approach suggested in the proposed statute at the end …


Security Ins. Group V. Emery: A Step Backward For Interest Analysis In Maine, William F. Julavits May 2025

Security Ins. Group V. Emery: A Step Backward For Interest Analysis In Maine, William F. Julavits

Maine Law Review

Security Insurance Group, the Connecticut insurer, sought declaratory relief' alleging that failure by its insured to furnish timely notice of the accident as prescribed by the policy precluded its liability. The insured contended that Maine's notice statute was applicable, requiring only that the insurer receive notice of the action before judgment, and that this requirement was satisfied. Alternatively, the insured contended that even if the Connecticut notice term were held applicable, since there was no contact between the two cars, it was his belief that he was not at fault and thus had no reason to notify his carrier of …


The Law Of The Land: Development Legislation In Maine And Vermont, J. Jackson Walter May 2025

The Law Of The Land: Development Legislation In Maine And Vermont, J. Jackson Walter

Maine Law Review

In recent Maine and Vermont environmental protection legislation, desecration of the landscape has emerged as an issue as controversial as pollution of water and air. Traditional techniques of land use regulation operate locally, some say parochially, without any regular regard for Earth Day or statehouse politics or even administrative fair play. The trend in northern New England to adopt state-level standards totally changes the business of land development. And statewide rules are not the end; national land use standards are imminent. A report by the President's Council of Environmental Quality recommends federal controls within areas of critical environmental concern, such …


A State Approach To Effluent Charge, Orlando E. Delogu May 2025

A State Approach To Effluent Charge, Orlando E. Delogu

Maine Law Review

Although the concept of effluent charge as a means of dealing with water pollution has been widely discussed in this country for more than a decade and widely used with documented success in parts of Europe for over fifty years, there is a surprising lack of specific material on methods of implementation. We are, after all, a complex society with overlaying levels of government and close working relationships between the public and private sectors of the economy. Furthermore, the statutory, constitutional, and institutional framework of the federal government and that of each state government are different in varying degree from …


The Rights Of The Person Acquitted By Reason Of Insanity: Equal Protection And Due Process, Anne B. Poulin May 2025

The Rights Of The Person Acquitted By Reason Of Insanity: Equal Protection And Due Process, Anne B. Poulin

Maine Law Review

In response to the Maine Supreme Judicial Court's decision in State v. Shackford a commentator suggested that the Maine automatic commitment statute be attacked as denying equal protection of the laws to those individuals acquitted by reason of mental disease or defect. Such an attack was made in the case of Chase v. Kearns, but without the predicted success. In Chase the court failed to come to grips with the crucial issues presented despite careful effort by both counsel to focus on the constitutional problems. The court side-stepped the difficult constitutional issues raised, upholding the statute but failing to provide …


Maine's Public Labor Law, Ronald D. Russell May 2025

Maine's Public Labor Law, Ronald D. Russell

Maine Law Review

The latter half of the last decade saw a rapid increase in activity on the part of labor organizations formed by public employees in Maine. This activity received an impetus from an opinion of the Attorney General and from a Legislative Research Committee Report based on the Labor Relations Act of 1941. Through different methods of reasoning both documents concluded that public employees had the right to form labor organizations, but neither document defined the relationship between these employees and their public employer. Although the activity of these organizations was evidenced by the formation of agreements with municipalities and by …


Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman May 2025

Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman

Maine Law Review

The increasing interest in arbitration as a means of judicial reform has been largely due to the fact that arbitration provides a forum for dispute settlement apart from the traditional judicial system. In other words, arbitration is regarded as a useful reform measure primarily because it affords potential litigants a forum other than the already over-burdened courts. Little consideration has been given to the possibility that in some areas arbitration may in fact be both a better forum and a better method of resolving disputes than the traditional judicial system. This article will discuss three areas, areas which are susceptible …


Graduated Responsibility As An Alternative To Current Tests Of Determining Criminal Capacity, Maine Law Review May 2025

Graduated Responsibility As An Alternative To Current Tests Of Determining Criminal Capacity, Maine Law Review

Maine Law Review

When a person breaks the law, inquiry may be made into why he acted in an illegal manner and, if he satisfies the relevant test of criminal exculpation, he will be held blameless under the law. Although a range of explanations of behavior is possible, when examining criminal responsibility, the law is concerned only with those excuses which bear on moral culpability. This comment suggests an alternative to the absolutist notion that the defendant is either completely responsible or completely irresponsible for his unlawful act. It is contended that cognitive and volitive capacities exist by degrees and that a fairer, …