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Duty, Foreseeability, And The Negligent Infliction Of Mental Distress, Mark A. Beede Apr 2025

Duty, Foreseeability, And The Negligent Infliction Of Mental Distress, Mark A. Beede

Maine Law Review

Under early common law if the act of a person gave rise to an action at law, he would be liable for resulting damages regardless of fault. A person acted at his peril. The limitation on liability, if any, lay not with a concept of duty but with a medieval sort of proximate cause. “There is little trace of any notion of. . . an obligation to any one individual, as essential to the tort. The defendant's obligation to behave properly apparently was owed to all the world.” With the merging of the common law actions of trespass and trespass …


The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll Apr 2025

The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll

Maine Law Review

The remedies fashioned to redress violations of the fourth amendment to the United States Constitution continue to be the subject of much judicial, legislative, and scholarly inquiry. In striking the balance between the need to protect individual freedom and the need to protect society from criminal activity, the Supreme Court and Congress have developed two principal remedies for fourth amendment violations: the exclusionary rule and civil actions under 42 U.S.C. § 1983 or under theories of constitutional tort. on the development of both of these remedies it is assumed that their effectiveness is the true measure of fourth amendment liberties. …


The Choateness Doctrine And The Federal Loan Programs—A Plea For Federal Legislation, James A. Houle Apr 2025

The Choateness Doctrine And The Federal Loan Programs—A Plea For Federal Legislation, James A. Houle

Maine Law Review

During the Depression of the 1930's, Congress created a number of federal loan programs as part of Roosevelt's New Deal legislation aimed at stimulating economic growth. In the almost fifty years since then, Congress has expanded these programs to the point where today there are over one hundred and sixty of them, representing the nation's largest single source of direct and insured loans. From 1959 until the recent decision in United States v. Kimbell Foods, Inc., the Supreme Court applied the theory of the inchoate lien (now called the "choateness doctrine") to determine priority in suits involving federal consensual liens …


Editorial Board Vol. 33 No. 2 (1981) Apr 2025

Editorial Board Vol. 33 No. 2 (1981)

Maine Law Review

No abstract provided.


Small Claims Mediation In Maine: An Empirical Assessment, Craig A. Mcewen, Richard J. Maiman Apr 2025

Small Claims Mediation In Maine: An Empirical Assessment, Craig A. Mcewen, Richard J. Maiman

Maine Law Review

In recent years considerable attention has been paid in the United States to the development of informal "alternatives to court" as part of a world-wide access to justice movement. Of these alternatives to courts, mediation contrasts most sharply with adjudication and, in theory, promises much by way of decreasing the alienation of citizens when it is made an adjunct to the formal judicial process. The contrast and promise stem largely from the participatory and consensual character of the mediation process. A third party to the dispute—the mediator—encourages the parties to find a mutually agreeable settlement by helping them to sharpen …


Abortion Rights, Fugitives From Slavery, And The Networks That Support Them, Rebecca E. Zeitlow Apr 2025

Abortion Rights, Fugitives From Slavery, And The Networks That Support Them, Rebecca E. Zeitlow

North Carolina Civil Rights Law Review

No abstract provided.


This Is Not History Apr 2025

This Is Not History

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Resilience Against Neglect Apr 2025

Resilience Against Neglect

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Violence And Artistic Resistance, Tucker Brown Apr 2025

Violence And Artistic Resistance, Tucker Brown

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


The Power Of Poetry, Madison Haji Apr 2025

The Power Of Poetry, Madison Haji

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Cointelpro's Assassination Of Fred Hampton Apr 2025

Cointelpro's Assassination Of Fred Hampton

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


What's Going On, Jesse Spadaccini Apr 2025

What's Going On, Jesse Spadaccini

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


The Importance Of Multicultural Clubs At Pc, Courtney Wight Apr 2025

The Importance Of Multicultural Clubs At Pc, Courtney Wight

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Freedom Lyrics, Lily Allan Apr 2025

Freedom Lyrics, Lily Allan

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Flourish, Chanel Perez Apr 2025

Flourish, Chanel Perez

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Uncovering The Covered, Matthew Ouellette Apr 2025

Uncovering The Covered, Matthew Ouellette

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Beyond The Game: Black Power In Sports Apr 2025

Beyond The Game: Black Power In Sports

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Incarceration As New Jim Crow, Courtney Butts Apr 2025

Incarceration As New Jim Crow, Courtney Butts

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


The Real History: A Freedom School Curriculum Apr 2025

The Real History: A Freedom School Curriculum

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


The Growth Of African American Nurses Apr 2025

The Growth Of African American Nurses

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Black Symbols: From The Civil Rights Movement To Now Apr 2025

Black Symbols: From The Civil Rights Movement To Now

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.


Masthead Apr 2025

Masthead

UC Law Constitutional Quarterly

No abstract provided.


Jurgen Habermas's Views On Legal Validity And Discourse Ethics: A Literature Review, Rika Febriani, Supartiningsih Supartiningsih, Sindung Tjahyadi Apr 2025

Jurgen Habermas's Views On Legal Validity And Discourse Ethics: A Literature Review, Rika Febriani, Supartiningsih Supartiningsih, Sindung Tjahyadi

Jurnal Civics: Media Kajian Kewarganegaraan

In modern states, law is often reduced to merely a tool of power. Many contemporary practices treat law as nothing more than a procedural requirement, disregarding its substantive values and the social conditions of society. This article discusses the validity of law within a political community from Habermas's perspective. According to him, the law must be discursive and stem from rational subjects capable of effective communication. The fundamental questions addressed are: how can law ideally be derived from norms within a political society? And how can law subsequently foster a democratic society? This article employs historical-factual methods, with primary sources …


Analysis Of Students' Legal Awareness For Bullying Prevention In Surakarta Schools, Triana Rejekiningsih, Maram Taher Apr 2025

Analysis Of Students' Legal Awareness For Bullying Prevention In Surakarta Schools, Triana Rejekiningsih, Maram Taher

Jurnal Civics: Media Kajian Kewarganegaraan

This study investigates the legal awareness of students in Surakarta junior high schools concerning preventing bullying, intending to promote quality education in alignment with Sustainable Development Goals (SDGs). The research explores students' understanding, potential, and awareness of bullying prevention using qualitative and descriptive methods. Bullying encompasses various forms of violence, including physical, verbal, social, and cyber forms, often characterised by intimidation. The findings revealed that 90.99% of students reported experiencing bullying, predominantly verbal, with 53.25% subjected to discriminatory behaviour. Although 70% acknowledged the occurrence of physical and verbal violence, there was a noted deficiency in effective preventive measures, indicating a …


Cover Page, Masthead, And Table Of Contents Apr 2025

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.


How We Broke Impeachment And Why We Need To Fix It: Presidential And Cabinet Level Impeachments, 1974–2024, Perry H. Apelbaum Apr 2025

How We Broke Impeachment And Why We Need To Fix It: Presidential And Cabinet Level Impeachments, 1974–2024, Perry H. Apelbaum

Journal of Legislation

From 1974 to 2024, the House of Representatives initiated a total of 6 presidential and cabinet level impeachments—4 more than were brought in the Nation’s first 185 years. In the aftermath of the “gold standard” set during the Nixon impeachment inquiry, the process has experienced a steady decline in fairness and effectiveness and increase in partisanship, with the result being the weakening of our constitutional system of checks and balances.

During this period, impeachment proceedings have become more frequent and less meaningful, rarely led to disclosures of significant non-public information, and not resulted in conviction by the Senate The procedural …


The Last Great American Dynasties: Lessons In Monopoly Prevention From Mergers In Entertainment And Aviation, Margaret Bibby Apr 2025

The Last Great American Dynasties: Lessons In Monopoly Prevention From Mergers In Entertainment And Aviation, Margaret Bibby

Journal of Legislation

On November 1, 2022, Taylor Swift first announced The Eras Tour. The pent-up demand for a Taylor Swift concert was massive: she had not toured since the Reputation Stadium Tour in 2018, the Lover Fest Tour set for 2020 was canceled due to the COVID-19 pandemic, and her streaming numbers and popularity were higher than ever. The Eras Tour announcement stated that Ticketmaster would be the sole ticketing platform, and 3.5 million fans, known as “Swifties,” registered for a chance to purchase tickets. When presale opened on November 15, 2022, disaster struck for millions of fans. Swifties were met with …


In Search Of The Best Policies For Translational Geroscience, Tom W. Bell, Kalon Boston Apr 2025

In Search Of The Best Policies For Translational Geroscience, Tom W. Bell, Kalon Boston

UC Law Science and Technology Journal

Though it once seemed like an inevitable fact of life, geroscience can now credibly promise to slow and even reverse aging. New geroscience treatments offer the prospect of large increases in human welfare and will attract huge demand. How can governments best support research, development, and commercialization of the field? The answer will depend on many factors, including public policies, supply-side resources, and market size. This paper focuses on the first factor, seeking the best public policies for translating geroscience from bench to bedside. It begins with a review of current geroscience policy, identifying the rules and institutions that help …


Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong Apr 2025

Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong

UC Law SF Communications and Entertainment Journal

Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …


Fordham Lawyer, No. 24 - Spring 2025, Fordham Law Alumni Association, Fordham Law School Apr 2025

Fordham Lawyer, No. 24 - Spring 2025, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.