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Articles 12601 - 12630 of 544627
Full-Text Articles in Entire DC Network
Law And Historical Materialism, Jeremy Kessler
Law And Historical Materialism, Jeremy Kessler
Duke Law Journal
Since the financial crisis of 2008, left-leaning legal thought has experienced a renaissance within the American academy. From law and political economy to critical race theory to feminist legal studies to Marxist legal theory, new perspectives have flourished, and marginalized traditions have been revived and revised. These new perspectives and revisionist projects all share an intellectual debt to the critical legal studies (“CLS”) movement of the late 1970s and 1980s. That movement’s critique was focused on functional accounts of law: accounts that understood legal change as primarily responsive to the demands of extralegal social and economic forces. Some of those …
Punishment, Penal Reform, And Alternatives To Incarceration In Durham, North Carolina, 1869-Present, Michael Deluca
Punishment, Penal Reform, And Alternatives To Incarceration In Durham, North Carolina, 1869-Present, Michael Deluca
Duke Law Journal
In the years following the Civil War, communities throughout the United States reckoned with divergent ideas about crime and punishment. Southern states in particular faced questions related to race and the legacy of slavery as they defined new crimes, designed penal facilities, and filled local jails. During this period, North Carolina adopted a new state constitution that manifested the transition from corporal punishment to incarceration that was occurring throughout the country. Like many states, North Carolina looked to New York and Pennsylvania for lessons to be gleaned from those states’ experiences with penitentiaries—new facilities that promised to rehabilitate incarcerated people …
Winning At Any Cost: Overcoming Professional Sports Team Rent Seeking Through The Sports Broadcasting Act, Omar S. Mattar
Winning At Any Cost: Overcoming Professional Sports Team Rent Seeking Through The Sports Broadcasting Act, Omar S. Mattar
Duke Law Journal
U.S. professional sports teams are integrally linked with the identity of the cities they play in. Because of this prominence, they are some of the most valuable privately owned assets on earth. Their leagues are monopolies, insulated by entry costs that make competition from smaller competitors almost impossible. Owners rent seek using this leverage by demanding states and cities subsidize teams’ operating costs or risk the franchise departing for more generous taxpayer funding elsewhere, creating a race to the bottom. The most gratuitous of these subsidies, to build and renovate stadiums, will cost state and local taxpayers at least $20 …
The Myth Of The Fourteenth Amendment And The Civil Rights Act Of 1866, Earl M. Maltz
The Myth Of The Fourteenth Amendment And The Civil Rights Act Of 1866, Earl M. Maltz
ConLawNOW
Although legal scholars who focus on the original meaning of the Fourteenth Amendment disagree about many things, almost all agree that John Bingham proposed what was to become Section One of the amendment in order to definitively establish the constitutionality of the Civil Rights Act of 1866. In fact, however, the Joint Committee on Reconstruction chose to insert the Bingham formulation in place of a provision that would have explicitly constitutionalized the Civil Rights Act. This Essay describes the circumstances that provided the backdrop for the consideration of the Bingham proposal and the implications that this context has for our …
Michigan V. Tucker: A Reevaluation Of Miranda, Maine Law Review
Michigan V. Tucker: A Reevaluation Of Miranda, Maine Law Review
Maine Law Review
In Michigan v. Tucker the Supreme Court considered whether to exclude the fruits of an interrogation that did not meet the precautionary standards of Miranda v. Arizona. The defendant contended that use of the evidence at his trial violated his fifth amendment privilege against self-incrimination. In deciding that the evidence had been properly admitted, the Tucker Court interpreted Miranda v. Arizona as outlining recommended procedural safeguards for the protection of fifth amendment rights and reasoned that omission of procedural safeguards does not necessarily constitute a violation of the underlying rights. Specifically, the Court concluded that a suspect who did not …
Federal Deregulation Of Small Issues Of Securities: Rule 240, Maine Law Review
Federal Deregulation Of Small Issues Of Securities: Rule 240, Maine Law Review
Maine Law Review
The fundamental purpose of the Securities Act of 1933 is the protection of the investor through the disclosure and distribution of information necessary to informed investment decisions. This disclosure is achieved through section 53 of the Act, which requires that, with certain enumerated exceptions, all issues of securities offered for sale to the public through the mails or other instrumentalities of interstate commerce shall be registered with the Securities and Exchange Commission. When filed, the registration statement becomes a public document setting forth all material facts about the offered securities and the issuer. No offer of securities is lawful until …
In Re M & G: A Misapplication Of Stanley V. Illinois, Maine Law Review
In Re M & G: A Misapplication Of Stanley V. Illinois, Maine Law Review
Maine Law Review
A Vermont probate court terminated the rights of M, an unwed mother, in her illegitimate child, although G, the putative father, did not receive official notice of the termination hearing and did not appear. The child was placed with prospective adoptive parents shortly after the hearing. In an effort to assert his parental rights, G joined in the mother's post-hearing petition for habeas corpus. Relying on Stanley v. Illinois, G argued that he was entitled to notification of the termination hearing and an opportunity to be heard on his fitness as a parent. In In re M&G, the Vermont Supreme …
The "Best Location" Standard And Puc Review Of Proposed Transmission Line Routes: In Re Bangor Hydro-Electric, Maine Law Review
The "Best Location" Standard And Puc Review Of Proposed Transmission Line Routes: In Re Bangor Hydro-Electric, Maine Law Review
Maine Law Review
Forty-five years after the enactment of legislation delegating eminent domain authority to electric power companies, the Maine Supreme Judicial Court had its first opportunity in In re Bangor Hydro-Electric Co. to construe the statute's grant of review authority to the Public Utilities Commission (PUC). Rejecting the "arbitrary and capricious" review standard previously applied by the PUC, the court held that the statute required the Commission to determine whether the utility's chosen location "best serves the public interest." Under the former standard, the utility had been required to present only minimal evidence in support of its choice of location in order …
Special Benefits And Just Compensation: Ensuring Fair Treatment Of Landowners In Partial Taking Cases, Maine Law Review
Special Benefits And Just Compensation: Ensuring Fair Treatment Of Landowners In Partial Taking Cases, Maine Law Review
Maine Law Review
The sovereign power to take private property for public use is counterbalanced by the duty to provide just compensation. The just compensation requirement is intended to protect the individual landowner when the government exercises its right of eminent domain. Consistent with the equitable principle of fairness upon which this requirement is founded, the government must provide the individual with public funds for property transferred from his private use to the public domain. The just compensation requirement thereby distributes the costs of public projects equally among all members of society and ensures that no individual whose property is sacrificed for the …
Cyr V. B. Offen & Co.: Liability Of Business Transferees For Product Injuries, Maine Law Review
Cyr V. B. Offen & Co.: Liability Of Business Transferees For Product Injuries, Maine Law Review
Maine Law Review
The development of the law of products liability since MacPherson v. Buick Motor Co. has extended liability without fault to wholesalers, retailers, lessors, bailors, and trademark licensors. But the liability of a transferee of business assets for claims arising from the transferor's products after the change in business ownership has never been clearly established. Although commercial creditors generally have been unable to reach the transferee's assets, recent cases have pointed to additional factors that may distinguish products liability plaintiffs from commercial creditors. The liability question is especially important where the transferor, a seller of consumer goods, has dissolved prior to …
The Repair Rule: Maine Rule Of Evidence 407(A) And The Admissibility Of Subsequent Remedial Measures In Proving Negligence, Maine Law Review
The Repair Rule: Maine Rule Of Evidence 407(A) And The Admissibility Of Subsequent Remedial Measures In Proving Negligence, Maine Law Review
Maine Law Review
Evidence of subsequent repairs is generally excluded when submitted for admission as circumstantial evidence of negligence. Although this Comment will examine various theories under which such evidence has been held inadmissible, these theories are all based on one of two assumptions. Evidence of subsequent repairs has been excluded either because it is regarded as irrelevant to the issue of negligence, or although relevant, as incompetent because its admission is believed to counteract the strong public policy to encourage repairs. Most modern rules of evidence now base the exclusion on the public policy rationale. Thus, the effect of the subsequent repair …
Standards For Imposition Of Discovery Sanctions, Maine Law Review
Standards For Imposition Of Discovery Sanctions, Maine Law Review
Maine Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 marked a major change in the theory of the trial system in the federal courts. The new procedures of the Rules were designed to eliminate disposition of cases based on technical errors and encourage resolution on the merits of each controversy. The pleading rules were greatly simplified and full discovery provisions were incorporated to inform the parties regarding the basis of each adversary's claim or defense and to provide greater access to evidence bearing on the dispute. The optimal use of pre-trial discovery under the Rules, however, depends upon …
The Maine Rules Of Evidence: What They Are And How They Got That Way, Richard H. Field
The Maine Rules Of Evidence: What They Are And How They Got That Way, Richard H. Field
Maine Law Review
The promulgation by the Supreme Judicial Court of the Maine Rules of Evidence is another landmark in Maine judicial administration. When the Rules of Civil Procedure were adopted in 1959, the old rules of the common law, somewhat eroded by time and patched here and there by legislative poultices, still governed Maine pleading and practice. Since then modem rules of Criminal Procedure have also been adopted, a new Criminal Code has been enacted, and the court system has been reorganized. The Maine Rules of Evidence round out this picture of progress. The Rules of Evidence were promulgated pursuant to the …
Public Employees Labor Relations Law: The First Five Years, Raymond G. Mcguire, Bryan M. Dench
Public Employees Labor Relations Law: The First Five Years, Raymond G. Mcguire, Bryan M. Dench
Maine Law Review
In 1965 the 102d Maine Legislature passed the Fire Fighters Arbitration Law, authorizing collective bargaining between bargaining agents designated by municipal fire fighters and their municipal employers. After four years of experience with the Fire Fighters Law, the Legislature enacted the Municipal Public Employees Labor Relations Law (MPELRL) in 1969, a more comprehensive statute mandating collective bargaining between municipalities and bargaining agents designated by the majority of municipal employees in units appropriate for bargaining. In 1974 in "An Act Extending Collective Bargaining Rights to State Employees," the 106th Legislature accorded to most state employees substantially the same organizational and bargaining …
Appointment Of Counsel In Misdemeanor Prosecutions In Maine, Maine Law Review
Appointment Of Counsel In Misdemeanor Prosecutions In Maine, Maine Law Review
Maine Law Review
When a criminal defendant appears without a lawyer before a trial court, the trial judge must decide whether to appoint counsel to represent him. The trial judge's decision is one of constitutional magnitude under both the United States and Maine Constitutions, and the decision made in any particular instance affects the integrity of the trial process and the validity of any conviction. The scope of the constitutional right to appointed counsel has lately been the subject of major decisions of the United States Supreme Court and of the Maine Supreme Judicial Court. The United States Supreme Court in Argersinger v. …
Improvident Credit Extension: A New Legal Concept Aborning?, Vern Countryman
Improvident Credit Extension: A New Legal Concept Aborning?, Vern Countryman
Maine Law Review
The latest triumph of our modified free enterprise system is consumer credit which, including home mortgages, has burgeoned from $30 billion since the end of 1945 to more than $569 billion in March 1974. In 1946 the total cost to consumers for interest and debt retirement was $10 billion, or six percent of family income. By 1966 it was $110.6 billion, or twenty-two percent of family income. By 1971 installment debt charges accounted for from twenty to thirty-nine percent of disposable income for five percent of our families and for forty percent or more of disposable income for another two …
Gay Students Organization V. Bonner: Expressive Conduct And First Amendment Protection, Maine Law Review
Gay Students Organization V. Bonner: Expressive Conduct And First Amendment Protection, Maine Law Review
Maine Law Review
After the Gay Students Organization, an officially recognized student group at the University of New Hampshire, held a dance on campus on November 9, 1973, the Governor of New Hampshire complained to the university's Board of Trustees about the impropriety of allowing such a "spectacle." The next day the Trustees banned all further G.S.O. social functions until the matter could be legally resolved. In Gay Students Organization v. Bonner, the G.S.O. brought an action for a declaratory judgment on the constitutionality of the university's ban. The court held the ban to be an unconstitutional restriction of the group's freedom of …
Media Access And The First Amendment's Romantic Tradition, Merle W. Loper
Media Access And The First Amendment's Romantic Tradition, Merle W. Loper
Maine Law Review
Jerome Barron must be regarded as the legal profession's leading advocate of a legally enforceable public right of access to use the communication media-both printed and electronic. This book, above all, is an advocacy of that right and a survey of the need for public access. Professor Barron further discusses certain problems that an access right might raise-such as the allocation of access time and the regulation of offensiveness in broadcasting-and explores various aspects of these problems. As advocacy, the book is much more persuasive of the need for access to the contemporary media than it is of the prospects …
The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review
The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review
Maine Law Review
The current methods of compensating fishermen injured or killed at sea are products of federal law. Without exception, a fisherman or his representative must turn to federal law for compensation. Unlike certain maritime workers covered by a federal workmen's compensation scheme, the fisherman's remedies are exclusively judicial, burdened by the expenses and delays inherent in litigation. Although this method of determining rights and liabilities may be a satisfactory means of obtaining compensation for other types of seamen, it has come under increasing attack within the fishing industry. This Comment evaluates both the constitutionality and the practicability of state coverage of …
Liability Limitations Of Stock Exchange Maintenance Rules, Maine Law Review
Liability Limitations Of Stock Exchange Maintenance Rules, Maine Law Review
Maine Law Review
The Securities Exchange Act of 1934 obligates individual exchanges and dealer associations to exercise a limited duty of self-regulation. The exchanges and associations have met their responsibility by promulgating rules governing the conduct of their members, including the exchange margin maintenance rules. For many years, enforcement of the rules was left to the exchanges and to the Securities Exchange Commission. Recently, however, courts and commentators have discussed and undertaken judicial enforcement of exchange rules by implying an investor's cause of action against a broker or dealer from the power of the federal courts to effectuate the purposes of the Securities …
Validity And Relevancy Analysis: An Approach To The Admissions Of Experimental Evidence, Maine Law Review
Validity And Relevancy Analysis: An Approach To The Admissions Of Experimental Evidence, Maine Law Review
Maine Law Review
Rules of evidence in the common law system were developed to serve the fundamental purpose of minimizing erroneous factual conclusions by the jury. In pursuit of this goal, two guiding principles have been followed: first, that the jury should be provided with the most accurate and trustworthy information possible; second, that the flow of information to the jury should be controlled to exclude evidence which is irrelevant or otherwise misleading. Since the earliest cases in which the results of experiments were offered as evidence, American courts have treated experiments as a unique form of evidence but have found it difficult …
Federal Preemption In Airport Noise Abatement Regulation: Of Federal And State Power, Maine Law Review
Federal Preemption In Airport Noise Abatement Regulation: Of Federal And State Power, Maine Law Review
Maine Law Review
The growth of air commerce in the United States has been characterized by the use of jet aircraft which has led to frequent litigation by local governments and their citizens attempting to abate the increased aircraft noise. Although from the inception of airflight there has been conflict between localities and the aviation industry over the noise produced by aircraft operations, the present conflict dates from the late 1950s when private air carriers first introduced pure-jet aircraft to the nation's civil airports. While the noise emitted from jet aircraft, measured in decibels, is not necessarily louder, it is of a higher …
Attorneys And Subornation Of Perjury, Maine Law Review
Attorneys And Subornation Of Perjury, Maine Law Review
Maine Law Review
Federal law has made the crime of subornation of perjury depend on a showing that the suborned witness has made an intentional false statement under oath. For a prosecution to be successful, it must be shown first, that the witness gave false testimony under oath; second, that the witness knew the testimony to be false; third, that the defendant induced the false testimony; and fourth, that the defendant knew the induced testimony to be false. Thus, if the criminal intent of the witness cannot be proven, the defendant must be acquitted. The curious result is that the prosecution fails not …
Maine's Public Lots: The Emergence Of A Public Trust, Lee M. Schepps
Maine's Public Lots: The Emergence Of A Public Trust, Lee M. Schepps
Maine Law Review
Maine's public lots were originally reserved from conveyances of townships of public domain and were held by the state for the benefit of schools in the towns which would or could someday be created among the unorganized townships of the state. Many towns came into existence and inherited their public lots for the purposes for which the lots were reserved. Unlike many other states, however, almost half of the land area of Maine has never been incorporated into towns. Because of the great number of townships which have never been incorporated into towns, there are now approximately 400,000 acres of …
Changes In The Present Maine Law Created By The Maine State Consumer Credit Code, John A. Spanogle Jr.
Changes In The Present Maine Law Created By The Maine State Consumer Credit Code, John A. Spanogle Jr.
Maine Law Review
The Maine Consumer Credit Code [M3C] was enacted by the Special Session of the 106th Legislature of the State of Maine, and will become effective on January 1, 1975. It will regulate almost all consumer credit transactions not secured by first mortgages on real estate. The statute also creates a new, self-financed Bureau of Consumer Protection under the Department of Business Regulation. This article will first discuss the legislative history of the M3C. Second, it will discuss the scope and jurisdiction of the M3C in comparison with the total scope of all the prior statutes. Third, the article will discuss …
Nowe Realia, Nowe Przepisy, Monika Namysłowska, Adrianna Michałowicz
Nowe Realia, Nowe Przepisy, Monika Namysłowska, Adrianna Michałowicz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
From the lead editors.
Osoby Fizyczne W Obliczu Identyfikacji Biometrycznej – Analiza Art. 5 Rozporządzenia O Sztucznej Inteligencji Ze Szczególnym Uwzględnieniem Ochrony Konsumentów, Aleksander Kolasa, Maciej Panek, Zuzanna Gajewska
Osoby Fizyczne W Obliczu Identyfikacji Biometrycznej – Analiza Art. 5 Rozporządzenia O Sztucznej Inteligencji Ze Szczególnym Uwzględnieniem Ochrony Konsumentów, Aleksander Kolasa, Maciej Panek, Zuzanna Gajewska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
In view of the intensification of artificial intelligence development, the European Union has regulated its use in Regulation 2024/1689, the Artificial Intelligence Act. The regulation is based on an analysis of the risks posed by individual artificial intelligence systems, including in relation to fundamental rights. The authors analyze Article 5 of the Regulation covering prohibited practices related to biometric identification, focusing on their impact on the protection of fundamental rights of individuals, especially consumers. The purpose of the article is to assess whether the solutions adopted effectively fulfill the above premise, which underlies the Artificial Intelligence Act, and to propose …
Przegląd Wybranego Orzecznictwa W Sprawach Nieautoryzowanych Transakcji Płatniczych W Latach 2021–2024, Marta Fabiszewska, Julia Szulczyk
Przegląd Wybranego Orzecznictwa W Sprawach Nieautoryzowanych Transakcji Płatniczych W Latach 2021–2024, Marta Fabiszewska, Julia Szulczyk
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents selected case law on unauthorized payment transactions. The authors analyzed judgments issued by common courts in the period from 2021 to 2024 (final and non-final rulings), as well as the Supreme Court’s judgment of September 15, 2023, ref. II CSKP 1013/22, and the judgment of the CJUE of July 11, 2024, case C-409/22 UA v. Eurobank Bulgaria AD, in terms of problems arising from the interpretation of the provisions on unauthorized payment transactions. The authors presented the current jurisprudence with regard to issues such as: the requirement of special care on the part of banks in ensuring …
Entire Issue Vol. 14 No. 1
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Vol 14(1)
Cruising Over Controversy: Addressing Discrimination Gaps In The Montreal Convention's Framework, Catherine Mitri
Cruising Over Controversy: Addressing Discrimination Gaps In The Montreal Convention's Framework, Catherine Mitri
Seattle Journal for Social Justice
No abstract provided.