Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2024

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 5941 - 5970 of 193180

Full-Text Articles in Entire DC Network

Editorial Board Vol. 38 No. 2 (1986), June Zellers Schau Dec 2024

Editorial Board Vol. 38 No. 2 (1986), June Zellers Schau

Maine Law Review

No abstract provided.

Go to article

Gifts, Joint Ownership, And Marital Property: Interspousal Transfers Of Property Under Maine's Marital Property Act, Paul Fillmore Dec 2024

Gifts, Joint Ownership, And Marital Property: Interspousal Transfers Of Property Under Maine's Marital Property Act, Paul Fillmore

Maine Law Review

The classification of property in divorce proceedings as either marital or individual is crucial because under Maine's Marital Property Act a divorce decree can dispose of only marital property. Once the court identifies the marital property, the actual division of that property is within the court's discretion. Courts, however, often have difficulty classifying property which was once individual property but which was transferred by the owner spouse into joint ownership during the course of the marriage. Maine courts have reached different results in these situations depending on whether they have read the Marital Property Act literally or in the context …

Go to article

Federal Agency Nonacquiescence: Defining And Enforcing Constitutional Limitations On Bad Faith Agency Adjudication, Christopher C. Taintor Dec 2024

Federal Agency Nonacquiescence: Defining And Enforcing Constitutional Limitations On Bad Faith Agency Adjudication, Christopher C. Taintor

Maine Law Review

A leading authority in the field of administrative law has posited that "[t]he availability of judicial review is the necessary condition, psychologically if not logically, of a system of administrative power which purports to be legitimate, or legally valid." There is no question that judicial review is an imperfect check on agency action: it is susceptible to criticism for, on the one hand, the excessive limitations on its exercise, and on the other for the arguably inferior level of understanding from which courts must approach matters uniquely within the competence of particular administrators. Nonetheless, the courts remain "the acknowledged architects …

Go to article

Emerging Protection Against Retaliatory Discharge: A Public Policy Exception To The Employment At-Will Doctrine In Maine, Andre D. Bouffard Dec 2024

Emerging Protection Against Retaliatory Discharge: A Public Policy Exception To The Employment At-Will Doctrine In Maine, Andre D. Bouffard

Maine Law Review

The job security of approximately sixty percent of Maine's civilian labor force has traditionally been, and continues to be, governed by the employment at-will doctrine. In its traditional form, the doctrine allows employers to discharge employees, whose employment contract is for an indefinite length, for good cause, no cause, or bad cause. Similarly, the employee is free to terminate the employment relationship at any time. Courts and commentators have pointed out that the symmetry and logical appeal of the contractual principle of mutuality of obligation is the central doctrinal underpinning of the rule. Because the employment at-will doctrine was consistent …

Go to article

Handicapped Workers: Who Should Bear The Burden Of Proving Job Qualifications?, June Zellers Schau Dec 2024

Handicapped Workers: Who Should Bear The Burden Of Proving Job Qualifications?, June Zellers Schau

Maine Law Review

Joining a growing number of jurisdictions in 1973, the Maine Legislature amended the fair employment sections of the Maine Human Rights Act (the MHRA) to extend equal employment opportunity protection to all physically disabled workers. Nearly a decade later the Maine Supreme Judicial Court, sitting as the Law Court, defined unlawful employer treatment of handicapped workers in Maine Human Rights Commission v. Canadian Pacific, Ltd. The Law Court held that an employment decision based on a worker's handicap constitutes an admission of discrimination that shifts the burden of persuasion to the employer to prove either that all workers with similar …

Go to article

The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff Dec 2024

The Gulf Of Maine Case And The Future Of Ocean Boundary Delimitation, Edward Collins Jr., Martin R. Rogoff

Maine Law Review

On October 12, 1984, a Chamber of the International Court of Justice handed down its decision in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area (Can. v. U.S.). By a vote of four to one, the Chamber described in geodetic lines the course of the single maritime boundary that divides the continental shelf and exclusive fishery zones of Canada and the United States in that area. The Chamber's decision ended more than a decade of conflict between the two countries concerning jurisdiction over continental shelf and fishery resources in the Georges Bank area. …

Go to article

The Waiver Problem In Maine Real Property Foreclosure Law: A Commercial Paper Perspective, Dennis M. Patterson Dec 2024

The Waiver Problem In Maine Real Property Foreclosure Law: A Commercial Paper Perspective, Dennis M. Patterson

Maine Law Review

When a mortgagee accepts from a mortgagor payment of part of a mortgage arrearage, does the mortgagee then waive its right to foreclose? Many bank counsel will say that the mortgagee does waive its right to foreclose, and they will point for authority to the broad holding of Savings & Loan Association of Bangor v. Tear. In that decision, the Maine Supreme Judicial Court, sitting as the Law Court, seemed to hold that a mortgagee waives its right to foreclose if it accepts tender of a late payment. This broad interpretation of the Savings & Loan decision has proven to …

Go to article

Editorial Board Vol. 38 No. 1 (1986), June Zellers Schau Editor-In-Chief Dec 2024

Editorial Board Vol. 38 No. 1 (1986), June Zellers Schau Editor-In-Chief

Maine Law Review

No abstract provided.

Go to article

Perreault V. Parker: Findings Tainted By Error, Gisele M. Nadeau Dec 2024

Perreault V. Parker: Findings Tainted By Error, Gisele M. Nadeau

Maine Law Review

An appellate court does not disturb a trial court's findings of fact unless they are clearly erroneous, and, therefore, usually confines its review to an assessment of a trial court's legal conclusions based on those findings of fact. The method used by a trial court in making factual findings, however, involves the application of legal principles. If a trial court fails properly to apply these legal principles in arriving at its findings of fact, these findings may be tainted by the error. This is so, for instance, when a trial court's findings of fact have been "manifestly influenced or controlled" …

Go to article

In Re Debra B.: The Best Interest Standard In Court-Authorized Sterilization Of The Mentally Retarded, Sheila M. Donahue Dec 2024

In Re Debra B.: The Best Interest Standard In Court-Authorized Sterilization Of The Mentally Retarded, Sheila M. Donahue

Maine Law Review

Pursuant to the Due Process in Sterilization Act of 1982, Maine courts may hear petitions for sterilization of the mentally retarded. In In re Debra B., a mother petitioned to have her mentally retarded daughter sterilized. The Maine Supreme Judicial Court, sitting as the Law Court, vacated the order granting the petition. In a unanimous opinion, the court held that a finding of procreative capability is a sine qua non for determining whether sterilization is in an incompetent person's best interest. Through its holding, the court thereby extended the statute's clear and convincing standard of proof to a factor not …

Go to article

Maine's Living Will Act And The Termination Of Life-Sustaining Medical Procedures, Eric R. Herlan Dec 2024

Maine's Living Will Act And The Termination Of Life-Sustaining Medical Procedures, Eric R. Herlan

Maine Law Review

The Maine Legislature recently enacted a law authorizing the execution and use of living wills. The execution of a living will, essentially a document of "informed consent," allows a person to preserve in a legally recognized form his desire that, once he has been diagnosed to have a terminal medical condition and is no longer competent to make treatment decisions, the doctor should discontinue all life-sustaining procedures. With the passage of this act, Maine has joined thirty-four other states and the District of Columbia in enacting living will provisions. In addition, the National Conference of Commissioners on Uniform State Laws …

Go to article

From "Maine Law" To Model Act: Liquor Liability In Maine, William P. Shumaker Dec 2024

From "Maine Law" To Model Act: Liquor Liability In Maine, William P. Shumaker

Maine Law Review

With the passage of the Maine Liquor Liability Act by the 112th Legislature, the State of Maine has completed a thorough reexamination of its public policy in the area of liability for injuries resulting from the use of alcoholic beverages. For 130 years the state's policy in this area was expressed by the statute commonly known as the dram shop act, the essential provisions of which had remained unchanged for over a century. This statute held sellers and other providers of alcoholic beverages strictly liable to any third party injured as a result of the intoxication of the recipient of …

Go to article

The Provisional Application Of International Agreements, Martin A. Rogoff, Barbara E. Gauditz Dec 2024

The Provisional Application Of International Agreements, Martin A. Rogoff, Barbara E. Gauditz

Maine Law Review

The last few decades have seen a tremendous increase in the number of international agreements concluded by states and international organizations. The pace of concluding international agreements is accelerating and will most likely continue to accelerate at an increasing rate. The growing reliance on international agreements by the members of the world community is of course a response to rapidly expanding international interactions and interdependencies. Until the latter part of the nineteenth century, international agreements dealt primarily with political matters: peace treaties, treaties of alliance and friendship, neutrality treaties, and treaties settling territorial claims. Today, international agreements deal not only …

Go to article

Editorial Board Vol. 39 No. 1 (1987), Eric Robert Herlan Editor-In-Chief Dec 2024

Editorial Board Vol. 39 No. 1 (1987), Eric Robert Herlan Editor-In-Chief

Maine Law Review

No abstract provided.

Go to article

Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute, Ellen Kandoian, Brooke E. Barnes Dec 2024

Wilderness, Trust, And Finality: The Baxter State Park Snowmobile Dispute, Ellen Kandoian, Brooke E. Barnes

Maine Law Review

The recent controversies surrounding the use of snowmobiles in Baxter State Park exemplify the human essence of the trust relationship and the law's awkwardness in addressing the inherently nonlegalistic principles of trust. Baxter State Park is an area of 201,018 acres in northern Maine, purchased by former Governor Percival Proctor Baxter and then donated to the State of Maine in trust. The park includes Mount Katahdin, the highest mountain in Maine and the head of the Appalachian Trail. As Chief Justice McKusick wrote in a recent decision construing the trust, "in its combination of size, uniqueness, permanence, and vision, his …

Go to article

Accounting For The Harms Of Image-Based Sexual Abuse In Ireland’S Harassment, Harmful Communications And Related Offences Act, Lorraine J. Hayman Dec 2024

Accounting For The Harms Of Image-Based Sexual Abuse In Ireland’S Harassment, Harmful Communications And Related Offences Act, Lorraine J. Hayman

Journal of International Women's Studies

With the ubiquitousness of technology and advancements in Artificial Intelligence image manipulation, Image-Based Sexual Abuse (IBSA) is increasing worldwide. IBSA refers to the creation and/or distribution of sexual images without consent or the threat to create or distribute such images. Technological developments make it challenging to keep pace with the nature and extent of technology-facilitated crimes and their harms. In this paper, I utilise a feminist lens to examine and synthesise the existing literature on IBSA and its harms. Using this synthesis, I critically analyse the Republic of Ireland’s Harassment, Harmful Communications and Related Offences Act (HHCRO), colloquially called Coco’s …

Go to article

Women’S Employment In Croatia From A Historical Perspective, Ljubica Kordic, Višnja Lachner, Dubravka Papa Dec 2024

Women’S Employment In Croatia From A Historical Perspective, Ljubica Kordic, Višnja Lachner, Dubravka Papa

Journal of International Women's Studies

This article analyzes the employment of women in the city of Osijek, the fourth biggest city in the Republic of Croatia, using a diachronic approach. The paper’s main goal is to analyze the social position of women in Croatia in relation to employment and their right to work and to examine whether that position has changed in the last two centuries. As exact and reliable historical data are limited, the authors analyzed job announcements and employment offers relating to women in two local newspapers in Osijek. The newspapers were printed from 1870 to the 1930s in the German language, which …

Go to article

Bridging The Gap: An Action Research Pilot Study On Confidence Building For Women Design Students In Higher Education, Pia Mcfindlay, Ashton Margarete Moseley, Oratile Rose Mokgatla Dec 2024

Bridging The Gap: An Action Research Pilot Study On Confidence Building For Women Design Students In Higher Education, Pia Mcfindlay, Ashton Margarete Moseley, Oratile Rose Mokgatla

Journal of International Women's Studies

Women are significantly underrepresented in the design industry globally, particularly in tech-driven industries like industrial design, despite an increasing number of women design graduates. While there are various factors that influence this underrepresentation, recent studies identify a general lack of confidence among women as a major contributing aspect. Women students tend to have lower self-assessments compared to their male peers, leading to limiting behaviours and barriers to pursuing opportunities in tech-based fields, which thus perpetuates gender disparity in design fields and STEAM. To address this disparity, the Industrial Design department at the University of Johannesburg in South Africa launched the …

Go to article

Gender Inequality In The House Of God: Comparing Islam And Traditional Religions In Yorubaland And Lome In West Africa, Habibat Oladosu-Uthman Dec 2024

Gender Inequality In The House Of God: Comparing Islam And Traditional Religions In Yorubaland And Lome In West Africa, Habibat Oladosu-Uthman

Journal of International Women's Studies

Comparative studies on gender among Muslims and worshippers of other traditional religions in West Africa are limited in number. The paper makes use of a combination of social sciences and humanistic research instruments through structured interviews and participant observation to study gender politics within Islam, Vodun (a traditional religion in Lome, Togo), and Sàngό (or Shango, one of the deities in Yoruba culture) in Western Africa. This study reveals that gender inequality transcends all barriers, be it the profane or the sacred. In fact, in large parts of West African societies where traditional and Islamic norms and values hold sway, …

Go to article

The Role Played By Non-Governmental Organisations In The Protection Of Refugee Women In Greece, Rippy Das, Divya Rani Dec 2024

The Role Played By Non-Governmental Organisations In The Protection Of Refugee Women In Greece, Rippy Das, Divya Rani

Journal of International Women's Studies

Although the refugee and migration crisis in Greece has intensified over the last decade, its gender dimensions are often overlooked. Non-governmental organisations (NGOs) in Greece, however, have initiated efforts to address the rights and needs of refugee women. Despite being a prominent host nation for refugees, Greece faces challenges compounded by the aftermath of the 2008 financial crisis and its role as the primary EU entry point during the 2015-2016 refugee crisis. The 2020 Greek asylum law and subsequent revisions have reduced safeguards for asylum seekers, disproportionately impacting marginalized groups such as women. Due to the Greek government’s limited resources …

Go to article

The Maltese Gender Corrective Mechanism—Dashed Hopes And Aspirations?, Josann Cutajar Dec 2024

The Maltese Gender Corrective Mechanism—Dashed Hopes And Aspirations?, Josann Cutajar

Journal of International Women's Studies

This paper explores the media discourse surrounding the implementation of the gender corrective mechanism in Malta, focusing on online English-language newspapers from March 26, 2019 to May 2022. The study analyses how women journalists, experts, and politicians perceived and reported on this legislative initiative, which aimed to address the underrepresentation of women in Maltese politics. By conducting a reflexive thematic analysis, the paper identifies recurring themes related to the historical context, barriers to women’s political participation, and the effectiveness of the quota system. The findings reveal varied perspectives among women on the mechanism’s potential to foster gender equality in parliament, …

Go to article

Pink Hair As A Cyberfeminist Symbol: Online Gender-Based Violence And The “Pinkup” Movement In China, Yuchen Viveka Li Dec 2024

Pink Hair As A Cyberfeminist Symbol: Online Gender-Based Violence And The “Pinkup” Movement In China, Yuchen Viveka Li

Journal of International Women's Studies

This paper investigates online gender-based violence (OGBV) in China using the perspectives of queer feminism and cyberfeminism. As a case study, it examines the cyberviolence against the “Pink Hair Girl” on Xiaohongshu (a popular Chinese social media platform) and the subsequent resistance by women. The study focuses on the following questions: How does the symbolic use of pink hair represent queerness and challenge gender norms in cyberspace? What are the power dynamics and types of violence faced by women in this situation? The research employs a case study method, incorporating qualitative data such as interviews and evaluations of social media …

Go to article

Unpacking Affect In Taylor Swift’S Feminism, Ophelia Xiner Tong Dec 2024

Unpacking Affect In Taylor Swift’S Feminism, Ophelia Xiner Tong

Journal of International Women's Studies

While affective feminism and Taylor Swift’s feminist engagement have been explored in various contexts, there remains a gap in scholarly research examining how Swift transitions affect into explicit feminist practice. This paper aims to investigate how Swift utilizes a range of emotions, from negative to positive, to express her feminist sentiments, while also examining the limitations of these expressions and possible complementary strategies from her fanbase. The first section of the paper employs a theoretical framework based on affective feminism by incorporating Chadwick’s (2021) concept of “discomfort” as a valuable epistemological tool in feminist practice to contextualize Swift’s political emergence …

Go to article

Feminist History: Forgotten Women Writers Of The Generation Of 1927 In Spain, Feixiang Liu Dec 2024

Feminist History: Forgotten Women Writers Of The Generation Of 1927 In Spain, Feixiang Liu

Journal of International Women's Studies

This study primarily focuses on the women writers of the Generation of 1927 in Spain who rose to prominence in the 1920s. Often referred to as Las Sinsombrero, these women writers have made significant contributions to gender equality and literature; however, despite their outstanding achievements, knowledge of this literary movement tends to focus only on the male writers, and it is only in recent years that the women writers in this generation have been rediscovered. The historical context in which these writers emerged—a period marked by the rise of feminism in Spain—is considered as an important part of understanding the …

Go to article

Cultural Linguistics And Identity Negotiation Within The Singaporean Chinese Diaspora In Hwee Hwee Tan's Mammon Inc., Hanwen Wang, Halimah Mohamed Ali Dec 2024

Cultural Linguistics And Identity Negotiation Within The Singaporean Chinese Diaspora In Hwee Hwee Tan's Mammon Inc., Hanwen Wang, Halimah Mohamed Ali

Journal of International Women's Studies

This study explores the representation of Singaporean Chinese diasporic identity in Hwee Hwee Tan’s novel Mammon Inc. with the help of cultural linguistics. This article seeks to analyze how the novel contributes to understanding diasporic identity and cultural negotiation, with a focus on how the portrayal of the main character reshapes the delicate equilibrium between traditional values and global capitalist pressures. Drawing on Farzad Sharifian’s cultural conceptualization framework and Gary B. Palmer’s ethnosemantic analysis, this study focuses on cultural schemas and metaphors in the novel. We identify passages in Mammon Inc. that illustrate themes of identity negotiation, cultural displacement, and …

Go to article

“We Haven’T Our Feet In The Soil”: Jamesian Feminism And Cosmopolitanism In The Portrait Of A Lady, Dong Xiaoshuang Dec 2024

“We Haven’T Our Feet In The Soil”: Jamesian Feminism And Cosmopolitanism In The Portrait Of A Lady, Dong Xiaoshuang

Journal of International Women's Studies

This article reconsiders feminist themes in Henry James’s The Portrait of a Lady by analyzing American expatriate women characters who experience liminal situations that create both alienation and opportunity. James’s expatriate women feel displaced and marginalized, yet this othering also allows them a freedom from European customs. This position of alterity or liminality allows for the women characters in James’s work to develop independence and confidence not just in themselves but also in their native culture. James’s nuanced observation and sympathy with his women characters result in an androgynous literary expression, intricately connecting his feminism and cosmopolitanism. By examining the …

Go to article

Screaming In Silence: Narrative Voice In Latvian Writer Gundega Repše’S Fiction, Sandra Meskova Dec 2024

Screaming In Silence: Narrative Voice In Latvian Writer Gundega Repše’S Fiction, Sandra Meskova

Journal of International Women's Studies

The contemporary field of narratology delineates narrative voice as a complex effect of formal and pragmatic elements such as the point of view presented, focalization, tone, modality, and the spatiotemporal models of narrative. The intricate nature of narrative voice arises from its reliance on pragmatic parameters through which it articulates the author’s intentions, ideologies, and values. Consequently, the narrative voice reaches into the extratextual realm, assuming the role of a medium for thematization and value judgement. With a focus on the contemporary Latvian writer Gundega Repše’s novels Īkstīte (Thumbelina) (2000) and Alvas Kliedziens (The Tin Scream) (2002), this paper investigates …

Go to article

5th Global Conference On Women’S Studies: Knowledge, Production, And Representation In Transnational Women’S And Gender Studies, Josann Cutajar Dec 2024

5th Global Conference On Women’S Studies: Knowledge, Production, And Representation In Transnational Women’S And Gender Studies, Josann Cutajar

Journal of International Women's Studies

No abstract provided.

Go to article

State V. Harding: Municipal Police Authority And The Fresh Pursuit Statute, David S. Schuman Dec 2024

State V. Harding: Municipal Police Authority And The Fresh Pursuit Statute, David S. Schuman

Maine Law Review

As early as 1551, during the reign of King Edward VI, courts held at common law that, except in cases of fresh pursuit, the power of a sheriff or justice of the peace does not extend beyond his jurisdiction. Recognizing the importance of jurisdictional boundaries as limits on a sheriff's authority, the Barons of the Exchequer denounced the possibility of "two several sheriffs in one same county," observing that "in this realm there are divers authorities, and none may exceed his limits or bounds." Modern state statutes setting forth the powers of local police continue to limit the extra-jurisdictional authority …

Go to article

Bouford V. Bath Iron Works: Defining Double Recovery Under State And Federal Compensation Laws For Maritime Workers, John Arthur Mccauley Dec 2024

Bouford V. Bath Iron Works: Defining Double Recovery Under State And Federal Compensation Laws For Maritime Workers, John Arthur Mccauley

Maine Law Review

In Bouford v. Bath Iron Works Corp., the Maine Supreme Judicial Court, sitting as the Law Court, held that an employer is not entitled to credit disability payments made under the federal Longshore and Harbor Workers' Compensation Act (LHWCA) against a subsequent obligation to pay a permanent impairment award for the same injury under the Maine Workers' Compensation Act (MWCA). While adhering to the principle against "double recovery" by employees in cases in which there is concurrent jurisdiction of federal and state compensation schemes, the Law Court reasoned that state permanent impairment awards are not duplicative of LHWCA disability benefits …

Go to article

First Prev Next Last