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Articles 11611 - 11640 of 544360
Full-Text Articles in Entire DC Network
Striking A Balance: A Criminal Defendant's Right To Confront Witnesses Versus The Risk Of Re-Traumatizing Child Victims, Julie M. Stenhouse
Striking A Balance: A Criminal Defendant's Right To Confront Witnesses Versus The Risk Of Re-Traumatizing Child Victims, Julie M. Stenhouse
Widener Commonwealth Law Review
No abstract provided.
Restructuring "Justice": How States Can Decrease Prosecutorial Misconduct By Depoliticizing Accountability, Miranda E. Thompson
Restructuring "Justice": How States Can Decrease Prosecutorial Misconduct By Depoliticizing Accountability, Miranda E. Thompson
Widener Commonwealth Law Review
No abstract provided.
Ethical Challenges Facing Prosecutors And Defense Attorneys In White-Collar Cases, Mark S. Cohen, Sri K. Kuehnlenz
Ethical Challenges Facing Prosecutors And Defense Attorneys In White-Collar Cases, Mark S. Cohen, Sri K. Kuehnlenz
Widener Commonwealth Law Review
No abstract provided.
Law Of Federal Courts (2d Ed.), James L. Oakes
Law Of Federal Courts (2d Ed.), James L. Oakes
Maine Law Review
Professor Charles A. Wright's second edition of Law of Federal Courts, one of the West Hornbooks is not exactly light reading. It probably will not make the best-seller list, at least in competition with some of the current, racy fare that list affords. Indeed, it is not even the kind of law book that one picks up and reads from cover to cover, so to speak. At the same time, Law of Federal Courts is a thoroughly realistic, well composed work of legal art which will fill any reviewer's bill. With a broad brush stroke, Professor Wright, who was one …
Uncommon Controversy, David Getches
Uncommon Controversy, David Getches
Maine Law Review
In the mid-nineteenth century the Indians of the Northwest were pressured by government agents into signing treaties ceding most of the land they had historically occupied to the United States. In each treaty, besides reserving small tracts of land for themselves, the Indians specifically reserved the right to fish "at all usual and accustomed grounds and stations." Because the lands which the Indians were permitted to reserve were selected so as "not to interfere with existing [non-Indian] claims, or with the progress of settlements," many traditional fishing places were located outside the reservations. The Indians' grudging acceptance of the treaties …
The Fair Credit Reporting Act, David J. Fletcher
The Fair Credit Reporting Act, David J. Fletcher
Maine Law Review
With the increasing importance of credit in the United States economy, a specialized group of agencies has developed to supply businesses with personal information on consumers. These reporting agencies come in two basic forms. Credit bureaus deal with purely economic data and use a file system to develop their reports. Investigative consumer reporting agencies issue a more comprehensive report which is generally the result of a field investigation. Because of subjective judgments, errors of identification, or use of untrustworthy sources, consumer reports often are inaccurate. The direct result of most inaccuracy is harm to the report's subject, the consumer. An …
Wallace V. Coca-Cola Bottling Plants, Inc.: Defective Products, Expanded Liability, And The Demise Of The Impact Rule, Robert A. Whidden
Wallace V. Coca-Cola Bottling Plants, Inc.: Defective Products, Expanded Liability, And The Demise Of The Impact Rule, Robert A. Whidden
Maine Law Review
During the last decade there has been a rapid change in the theories of recovery in cases involving defective products. A majority of jurisdictions has adopted strict products liability as a tort. Others still employ implied warranty, a device, apparently tort, borrowed from contract law. A minority still holds that a plaintiff must prove his claim in negligence. In a recent decision, Wallace v. Coca-Cola Bottling Plants, Inc., the Maine Supreme Judicial Court addressed the question of the extent of a manufacturer's liability for a defective product and the nature of the proof necessary to show a compensable injury. This …
Beaulieu V. Beaulieu: An Obituary For Lex Loci And An Approach To Interest Analysis, David C. Shonka
Beaulieu V. Beaulieu: An Obituary For Lex Loci And An Approach To Interest Analysis, David C. Shonka
Maine Law Review
Clifford Beaulieu, a guest in his father's automobile, was injured when the vehicle struck a telephone pole in Massachusetts. Both parties were residents of Maine. The trip had originated in Maine and was to terminate there. The son filed an action against his father in the Maine Superior Court, alleging negligent operation of the vehicle. On an agreed statement of facts, the case was reported to the Maine Supreme Judicial Court where the defendant argued for dismissal of the action on the grounds that the doctrine of lex loci delictus, the law of the place of the tort, was applicable …
Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy
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 …
Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell
Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell
Maine Law Review
The right to a speedy trial has been an integral part of the Anglo-American legal system since its foundation. The first statement of this guarantee seems to be in the codification of basic rights included in the Magna Charta. It was incorporated into the earliest laws of colonial America and later expressed in the sixth amendment to the Constitution. In Klopfer v. North Carolina, the United States Supreme Court stated, "The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by our Constitution." …
Law Of Rebuttable Presumptions In Maine, Curtis L. Bourdon
Law Of Rebuttable Presumptions In Maine, Curtis L. Bourdon
Maine Law Review
In Hinds v. John Hancock Mut. Life Ins. Co., the Maine Supreme Judicial Court sought to clarify and simplify the law of rebuttable presumptions as to the quantum of evidence that must be introduced before a presumption is dispelled. The Maine court adopted a rule which states that a presumption is rebutted when the probability of the nonexistence of the presumed fact is as probable as its existence. Stated another way, a presumption is rebutted when the jurors' minds are placed in equilibrium. Ten years later, in State v. O'Clair, the court expressly incorporated the Hinds rule into criminal procedure. …
Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes
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
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 …
De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler
De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler
Maine Law Review
The Maine judicial system has two levels of criminal courts, the superior court having exclusive trial jurisdiction over felony prosecutions and the district court operating with concurrent trial jurisdiction for misdemeanors. The district court also processes the preliminary phases of felony cases; included in this function are bail hearings, initial appearances (arraignments), and preliminary hearings. To provide jury trials in misdemeanor prosecutions state law permits all district court convictions to be appealed to the superior court for trial de novo to a jury. The accepted reason for unlimited de novo trials is that the state constitution requires a jury in …
Ransoming The Maine Environment, G. Graham Waite
Ransoming The Maine Environment, G. Graham Waite
Maine Law Review
The call for natural resource conservation is widely heard today. Purity of air and water are goals that most persons seem to endorse, at least in the abstract. The dollar costs of governmental programs for achieving relatively clean air and water doubtless are high, making questions of who bears them important. Some recent decisions of the Maine Supreme Judicial Court suggest that in Maine the major costs will be paid by taxpayers at large rather than by individual resource users.
The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine
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. …
State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?, Francis J. O'Toole, Thomas N. Tureen
State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?, Francis J. O'Toole, Thomas N. Tureen
Maine Law Review
Because of their strategic location on the sparsely settled Canadian border, the Passamaquoddy Indians were of great importance in the American Revolution, and played a decisive role in securing eastern Maine for the United States. As soon as the hostilities had ended, however, the federal government promptly forgot about these Indian allies in what is now the State of Maine and, whether intentionally or not, left the Passamaquoddy Tribe in its dealings with the dominant society to the mercy of Massachusetts and, after 1820, Maine. The Passamaquoddy Tribe is a relatively small one, but there are approximately 120,000 other tribal …
How To Use Financial Statements—A Handbook For Lawyers, James R. Flaker
How To Use Financial Statements—A Handbook For Lawyers, James R. Flaker
Maine Law Review
It is always dangerous to write a handbook for lawyers on another discipline whether that discipline be medicine, engineering, actuarial science, or accounting. The demands on the lawyer for knowledge in any of these other disciplines differ both in breadth and depth in each of the multitudinous matters in which he finds himself involved. Moreover, among individual practicing lawyers are found widely varying degrees of sophistication in these other disciplines. Bearing in mind this inherent limitation of any handbook for lawyers, it is apparent that Irving Kellogg has done a good job with his handbook on financial statements.
Maine Real Estate Law, Donald W. Philbrick
Maine Real Estate Law, Donald W. Philbrick
Maine Law Review
The author, a former lecturer at the University of Maine School of Law, in the book's foreword, disclaims that his book is written for lawyers. In this disclaimer, he is far too modest. Most lawyers who deal with matters concerning real estate law will benefit by a refresher course. This volume provides an excellent and very readable combination of English and Colonial historical background and current Maine law.
A Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii
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 …
Maine Civil Practice (2d Ed.), Charles A. Wright
Maine Civil Practice (2d Ed.), Charles A. Wright
Maine Law Review
Shortly after the first edition of this book appeared I referred to it as "an excellent treatise," and I have kept a copy close at hand in my office so that I may benefit from its useful insights into procedural problems when I am engaged in my own writing about procedure in the federal system. I have now had an opportunity to read the second edition from cover to cover and have no doubt that it is even better, and will be even more useful to judges and lawyers in Maine and to persons interested in procedure outside Maine, than …
The Balance Of Power In Professional Sports, Barry Zimmerman
The Balance Of Power In Professional Sports, Barry Zimmerman
Maine Law Review
This note examines the problems of the professional athlete in dealing with the "establishment" in the sports world. The basic framework for analysis lies in the operation of our free enterprise ideas in the practical context of professional sports. The professional athlete suffers from a severe lack of bargaining power in his relationship with management. This bargaining imbalance is inconsistent with the premises of our free enterprise system and must be eliminated if the professional sports world is to avoid a total breakdown in labor-management relations.
Real Property Taxes In Maine And The Impoverished: An Expose?, J. Michael Conley Iii
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 …
A Marketable Title Act For Maine, Chadbourn H. Smith
A Marketable Title Act For Maine, Chadbourn H. Smith
Maine Law Review
Conveyancing procedure in Maine, as in many other states, has become progressively more complex. Under the traditional recording system two elements—an ever-growing labyrinth of land records and the consequent likelihood of a defect in the chain of title—make repetitive, over-meticulous title examinations common, and uncertainty almost inevitable. Both of these elements must be eradicated by effective legislation, redefining and promoting marketability. No longer should landholders be faced with a constant challenge from the past, protection against which is by means of an expensive title report, carefully conditioned and couched in terms of the title-searcher's opinion rather than law. Attorneys should …
Effectuating The Purposes Of Chapter Xiii Of The Bankruptcy Act, John J. Ryan
Effectuating The Purposes Of Chapter Xiii Of The Bankruptcy Act, John J. Ryan
Maine Law Review
The United States Congress is presently considering a bill sponsored by the National Bankruptcy Conference. This proposal would alter certain sections of chapter XIII of the Bankruptcy Act. Included in the proposed general revision are major changes in two provisions central to the operation of the statute. These provisions, contained in sections 6524 and 614, were originally intended as the mechanisms with which bankruptcy courts were to resolve the basic conflict between the overall purposes of chapter XIII and the rights of secured creditors. As recently as 1969, in Terry v. Colonial Stores Employee's Credit Union of Atlanta, a court …
Complete Liquidation Of The Corporate Subsidiary: The Questions, Some Answers And Some Observations, Frank M. Burke Jr.
Complete Liquidation Of The Corporate Subsidiary: The Questions, Some Answers And Some Observations, Frank M. Burke Jr.
Maine Law Review
Various sections of the Internal Revenue Code of 1954 have been enacted to influence the economy in one manner or another. During the period from 1930 to 1935, elimination of holding companies was an important topic. Many felt that elimination of holding company structures would at least partially relieve the existing economic depression. At that time the complete liquidation of a corporate subsidiary was treated as a taxable transaction. President Roosevelt urged Congress to create a favorable tax atmosphere for such liquidations to encourage "simplification of our corporate structures through the elimination of unnecessary holding companies in all lines of …
Advantages And Disadvantages—A Comparison Of The Present Maine Law And The U3c, John A. Spanogle Jr.
Advantages And Disadvantages—A Comparison Of The Present Maine Law And The U3c, John A. Spanogle Jr.
Maine Law Review
The Uniform Consumer Credit Code [U3C] is a statute which will be proposed to the Maine Legislature for enactment in the near future. Like its sister code, the Uniform Commercial Code [UCC], the U3C was drafted and is being supported by the National Conference of Commissioners on Uniform State Laws. Their hope is that the widespread acceptance of the UCC will lead to similar acceptance of the U3C. An understanding of the U3C requires an understanding of its drafting history and the motivations of the various pressure groups responsible for its drafting. The drafting history begins with the UCC, which …
Bankruptcy Courts In Transition Toward Debtor Rehabilitation, Conrad K. Cyr
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
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
"Significant Bodily Intrusions": Investigations Into Law Enforcement Phlebotomy, Anne Kathleen Johnson
"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 …