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Articles 781 - 810 of 362311
Full-Text Articles in Entire DC Network
Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar
Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar
Maine Law Review
Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Maine Law Review
Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …
One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main
One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main
Maine Law Review
Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …
The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam
The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam
Maine Law Review
When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …
Legal Deserts Over Time, Cory L. Dodds
Legal Deserts Over Time, Cory L. Dodds
Maine Law Review
Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …
Foreword, Adam Fortier-Brown
Foreword, Adam Fortier-Brown
Maine Law Review
Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …
Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt
Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt
Maine Law Review
When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …
United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor
United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor
Ocean and Coastal Law Journal
In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …
High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim
High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim
Ocean and Coastal Law Journal
This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …
"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy
Ocean and Coastal Law Journal
This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …
Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng
Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng
Ocean and Coastal Law Journal
Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …
Alternative Marine Fuels And Mrv Liability Under Unclos Part Xii, Andrey Chernov
Alternative Marine Fuels And Mrv Liability Under Unclos Part Xii, Andrey Chernov
Ocean and Coastal Law Journal
Shipping’s decarbonization depends not only on adopting alternative fuels but also on the reliability of the monitoring, reporting, and verification (MRV) systems that underpin compliance. Ammonia, hydrogen, methanol, and liquefied natural gas (LNG) each introduce distinctive risks of error at the stages of certification, custody transfer, onboard measurement, and verification. At the same time, maritime law is increasingly data-driven. The International Maritime Organization’s (IMO) Energy Efficiency Existing Ship Index (EEXI) and Carbon Intensity Indicator (CII) depend on reported fuel-use data, while the European Union’s Emissions Trading System (ETS) and FuelEU Maritime Regulation impose direct financial penalties for inaccurate reporting. This …
المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت
المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت
Proche-Orient, Études juridiques
No abstract provided.
Le Pacte Relatif Aux Droits De L'Enfant En Islam Et Son Éventuelle Ratification Par Le Liban, Nabil Maamari
Le Pacte Relatif Aux Droits De L'Enfant En Islam Et Son Éventuelle Ratification Par Le Liban, Nabil Maamari
Proche-Orient, Études juridiques
No abstract provided.
L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage
L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage
Proche-Orient, Études juridiques
No abstract provided.
Les Mots Et Le Droit, Jean-Louis Sourioux
Les Mots Et Le Droit, Jean-Louis Sourioux
Proche-Orient, Études juridiques
No abstract provided.
Director Review Analysis, Brandon Theiss, Daniel Golub
Director Review Analysis, Brandon Theiss, Daniel Golub
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Ai-Assisted Inventorship: A Problem For Inventive Conception, Rana Matared, Harut Minasian
Ai-Assisted Inventorship: A Problem For Inventive Conception, Rana Matared, Harut Minasian
Chicago-Kent Journal of Intellectual Property
No abstract provided.
When Maintenance Fees Lapse: Unexpected Consequences At The Uspto, Ptab, And In District Court, Maddie L. Richards, Anna G. Phillips, Christopher R. O’Brien, Benjamin M. Gitzinger
When Maintenance Fees Lapse: Unexpected Consequences At The Uspto, Ptab, And In District Court, Maddie L. Richards, Anna G. Phillips, Christopher R. O’Brien, Benjamin M. Gitzinger
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Creative Differences: Specialization And Competence Gaps In The Treatment Of Intellectual Property In The Marital Estate, Kenneth J. Sanney, Doug Parker, John Weatherford, David Smith, Sanjay Rajagopal, Janet Ford
Creative Differences: Specialization And Competence Gaps In The Treatment Of Intellectual Property In The Marital Estate, Kenneth J. Sanney, Doug Parker, John Weatherford, David Smith, Sanjay Rajagopal, Janet Ford
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Deepfake Plague: Legal Gaps And Regulating Ai, Abhishek Chakrabarti
The Deepfake Plague: Legal Gaps And Regulating Ai, Abhishek Chakrabarti
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Decoupling Innovation From Regulation: Why The U.S. Needs A General Statutory Experimental Use Exception, Shahrokh Falati, Ph.D.
Decoupling Innovation From Regulation: Why The U.S. Needs A General Statutory Experimental Use Exception, Shahrokh Falati, Ph.D.
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Volume 16 Issue 2 - Full Issue
Volume 16 Issue 2 - Full Issue
Notre Dame Journal of International & Comparative Law
No abstract provided.
Mucho Ruido Y Pocas Nueces? Rethinking Mexico's Judicial Reform In Comparative Perspective, Oscar Serratos
Mucho Ruido Y Pocas Nueces? Rethinking Mexico's Judicial Reform In Comparative Perspective, Oscar Serratos
Notre Dame Journal of International & Comparative Law
Mexico's 2024 judicial reform, which made it the first country to elect all judges by popular vote, has generated widespread criticism for allegedly threatening judicial independence and democratic governance. This Article challenges the prevailing narrative by arguing that many of these concerns overstate the reform's practical effect. Through a comparative analysis of Mexico's new constitutional framework and judicial electoral systems in the United States, the Article demonstrates that the reform incorporates structural safeguards—including balanced nomination powers, nonpartisan elections, restrictions on campaign financing, and continued judicial training—that set it apart from comparable American models. While acknowledging legitimate concerns regarding implementation and …
Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff
Shanghai In The 1930s, The German Civil Code And The Tragic Story Of A Brilliant Legal Mind, Lutz-Christian Wolff
Notre Dame Journal of International & Comparative Law
No abstract provided.
Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure
Stopping Child Pornography And Csam Online: Act Local, Unite Global, Hon. Anne-Christine Massullo, Frederick W. Mostert, Lea Leisure
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Intertemporal Law Doctrine's Application To The Acquisition Of Colonies In The Americas, Kent Mcneil
The Intertemporal Law Doctrine's Application To The Acquisition Of Colonies In The Americas, Kent Mcneil
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Art Of Misuse: Could The European Union Benefit From The U.S. Copyright Doctrine?, Isabella Fazio
The Art Of Misuse: Could The European Union Benefit From The U.S. Copyright Doctrine?, Isabella Fazio
Notre Dame Journal of International & Comparative Law
No abstract provided.
From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu
From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu
Notre Dame Journal of International & Comparative Law
Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …
Direct Representation And Negotiorum Gestio In Scots Law, Jonathan Brown
Direct Representation And Negotiorum Gestio In Scots Law, Jonathan Brown
Journal of Civil Law Studies
The Scottish Court of Session recognized, in 1887, that “it is a frequent case, if a man is not able to manage his affairs, and has a relative who is willing to take the responsibility, there are many instances in which, without their coming to the court… the management goes on with his assistance.” This being an arguably frequent occurrence has not resulted in it being a commonly litigated occurrence, and the topic of law engaged by this state of affairs—negotiorum gestio—is critically understudied within Scotland (and, arguably, other Civilian and mixed legal systems). Like Louisiana, Scotland is a ‘mixed’ …