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The Administrative Discharge: Changes Needed?, Norman B. Lynch May 2025

The Administrative Discharge: Changes Needed?, Norman B. Lynch

Maine Law Review

At its annual convention in 1968 the American Bar Association adopted a resolution authorizing its Special Committee on Military Justice to urge congressional action with respect to the military administrative discharge and military due process of law. In response to this urging two bills were introduced in the 91st Congress dealing with the administrative discharge of members of the Armed Forces. One was sponsored by Congressman Charles E. Bennett, (D. Fla.). Another was introduced by Senator Sam J. Ervin, (D. N.C.). The Bennett bill proposes amendments to title 10 of the United States Code to limit the separation of members …

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The Civilianization Of Military Law, Edward F. Sherman May 2025

The Civilianization Of Military Law, Edward F. Sherman

Maine Law Review

Military law in the United States has always functioned as a system of jurisprudence independent of the civilian judiciary. It has its own body of substantive laws and procedures which has a different historical derivation than the civilian criminal law. The federal courts have always been reluctant to interfere with the court-martial system, as explained by the Supreme Court in 1953 in Burns v. Wilson: "Military law, like state law, is a jurisprudence which exists separate and apart from the law which governs in our federal judicial establishment. This Court has played no role in its development; we have exerted …

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An Extra-Textual Analysis: Bell V. Wilkinsburg School District, Kevin R. Brinker May 2025

An Extra-Textual Analysis: Bell V. Wilkinsburg School District, Kevin R. Brinker

Widener Commonwealth Law Review

No abstract provided.

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Wise V. Huntingdon County Housing Development Corporation: The Expansion Of Pennsylvania Commonwealth Sovereign Immunity Real Estate Exception, Kendyl L. Swank May 2025

Wise V. Huntingdon County Housing Development Corporation: The Expansion Of Pennsylvania Commonwealth Sovereign Immunity Real Estate Exception, Kendyl L. Swank

Widener Commonwealth Law Review

No abstract provided.

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Bureaucracy Brawl: A Statutory Standoff Between Pennsylvania's Office Of Attorney General And Department Of Revenue: A Survey Of Synthes Usa Hq, Inc. V. Commonwealth, Nicholas D. Grimes May 2025

Bureaucracy Brawl: A Statutory Standoff Between Pennsylvania's Office Of Attorney General And Department Of Revenue: A Survey Of Synthes Usa Hq, Inc. V. Commonwealth, Nicholas D. Grimes

Widener Commonwealth Law Review

No abstract provided.

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Charter School Accountability In Multiple School Consolidation: Propel Charter Schools V. School District Of Pittsburgh, Robyn S. St. Hilaire May 2025

Charter School Accountability In Multiple School Consolidation: Propel Charter Schools V. School District Of Pittsburgh, Robyn S. St. Hilaire

Widener Commonwealth Law Review

No abstract provided.

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The Application Of Economic Nexus To State And Local Gross Receipts Taxes: Applying Wayfair To Pennsylvania's Mercantile And Business Privilege Tax, Nicholas D. Grimes May 2025

The Application Of Economic Nexus To State And Local Gross Receipts Taxes: Applying Wayfair To Pennsylvania's Mercantile And Business Privilege Tax, Nicholas D. Grimes

Widener Commonwealth Law Review

No abstract provided.

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Striking A Balance: A Criminal Defendant's Right To Confront Witnesses Versus The Risk Of Re-Traumatizing Child Victims, Julie M. Stenhouse May 2025

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.

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Ethical Challenges Facing Prosecutors And Defense Attorneys In White-Collar Cases, Mark S. Cohen, Sri K. Kuehnlenz May 2025

Ethical Challenges Facing Prosecutors And Defense Attorneys In White-Collar Cases, Mark S. Cohen, Sri K. Kuehnlenz

Widener Commonwealth Law Review

No abstract provided.

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Institutional Betrayal And Suicidal Thoughts And Behaviors: A Retrospective Examination Of Lgbtq School Experiences, Mavis L. Gallo, Mark A. Hammond, Stephanie Luther, Geovanna Rodriguez, James Sinclair, Rhonda N.T. Nese, Marielena R. Mcwhirter Boisen, Skylar Steffes, James R. Muruthi, John R. Seeley May 2025

Institutional Betrayal And Suicidal Thoughts And Behaviors: A Retrospective Examination Of Lgbtq School Experiences, Mavis L. Gallo, Mark A. Hammond, Stephanie Luther, Geovanna Rodriguez, James Sinclair, Rhonda N.T. Nese, Marielena R. Mcwhirter Boisen, Skylar Steffes, James R. Muruthi, John R. Seeley

Journal of Applied Research on Children: Informing Policy for Children at Risk

Extant literature has established an elevated risk for suicidal thoughts and behaviors (STB) among lesbian, gay, bisexual, transgender, and/or queer (LGBTQ) youth when compared to their non-LGBTQ peers. Not yet studied is the impact of institutional betrayal on STB among LGBTQ youth. Institutional betrayals refers to misconduct carried out by an institution upon individuals reliant on the institution. Using retrospective data from 229 LGBTQ adults, we examined: (a) whether institutional betrayal was associated with STB among LGBTQ individuals in grades 5 through 12, (b) whether the association between institutional betrayal and STB was significant after controlling for the covariates, and …

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The Fair Credit Reporting Act, David J. Fletcher May 2025

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 …

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Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy May 2025

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 …

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Conservation, Policy And The Role Of Counsel, David J. Halperin May 2025

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 …

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De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler May 2025

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 …

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Ransoming The Maine Environment, G. Graham Waite May 2025

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.

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The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine May 2025

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. …

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Maine Real Estate Law, Donald W. Philbrick May 2025

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.

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A Marketable Title Act For Maine, Chadbourn H. Smith May 2025

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 …

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Effectuating The Purposes Of Chapter Xiii Of The Bankruptcy Act, John J. Ryan May 2025

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 …

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Advantages And Disadvantages—A Comparison Of The Present Maine Law And The U3c, John A. Spanogle Jr. May 2025

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 …

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Bankruptcy Courts In Transition Toward Debtor Rehabilitation, Conrad K. Cyr May 2025

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 …

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Ableism And Museum Art Education: A Qualitative Phenomenological Study Of Museum-Based Visual Studio Art Teachers, Elizabeth W. Buck May 2025

Ableism And Museum Art Education: A Qualitative Phenomenological Study Of Museum-Based Visual Studio Art Teachers, Elizabeth W. Buck

Doctor of Education Program Dissertations

All people, including individuals with disabilities, who participate in hands-on visual art can experience various benefits. However, visual studio art teachers, especially museum-based teachers, have various backgrounds that do not always include education or training in serving individuals with disabilities. The purpose of this qualitative phenomenological study was to explore how museum-based visual studio art teachers perceived that their training and preparation informed their awareness of ableism and ability to serve students with disabilities in art museums in the New England region of the United States. Twelve museum-based, visual studio art teachers participated in this study through semi-structured interviews. Through …

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Reliability Analysis Of The Porto Velho Pier - Rio Grande/Rs Throughlimit Equilibrium And Finite Element Method, Luiza Antiqueira Da Silva Neta, Diego De Freitas Fagundes, Antônio Marcos De Lima Alves May 2025

Reliability Analysis Of The Porto Velho Pier - Rio Grande/Rs Throughlimit Equilibrium And Finite Element Method, Luiza Antiqueira Da Silva Neta, Diego De Freitas Fagundes, Antônio Marcos De Lima Alves

Seatific Journal

This study analyzes the global stability of the Porto Velho pier, a structure in the port complex of the city of Rio Grande - RS, Brazil. This structure is a gravity pier with a length of 640 m which has been showing excessive displacements in a 150 m stretch. Limit Equilibrium and Finite Element tools associated with the Monte Carlo and FOSM Methods were applied. Four scenarios will be analyzed that represent the evolution of the erosion of the base of the pier structure, in which it can be concluded that as the loss of soil and rockfill of the …

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The Effect Of Various Bulbous Bow Forms On The Resistance Of A Black Sea Type Fishing Boat, Dursun Saral May 2025

The Effect Of Various Bulbous Bow Forms On The Resistance Of A Black Sea Type Fishing Boat, Dursun Saral

Seatific Journal

In this study, resistance analyses of a 35-meter-long Black Sea Type Fishing Boat with various bow forms were conducted using Computational Fluid Dynamics (CFD). The boat's bow shapes included a normal bow without a bulb, a special bulb, a special-elliptical bulb, and an elliptical bulb. To determine the resistance values of these forms, the Realizable k-ε model was chosen as the turbulence model, and the Volume of Fluid (VOF) method was applied. Resistance analyses were performed at five different speeds (5.5, 7.5, 9.5, 11.5, and 13.5 knots), within the Fn range of 0.15 to 0.40. Shear, pressure, and total resistance …

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Ensuring Environmental Sustainability In The Context Of Innovation Through High-Quality Training Of Seafarers Using Vr Technologies, Serhii Voloshynov, Vadym Danyk, Alona Yurzhenko May 2025

Ensuring Environmental Sustainability In The Context Of Innovation Through High-Quality Training Of Seafarers Using Vr Technologies, Serhii Voloshynov, Vadym Danyk, Alona Yurzhenko

Seatific Journal

The paper examines the use of VR technologies in the provision of quality training for seafarers, particularly in the context of innovations to ensure environmental sustainability. The authors review the current training provisions for seafarers and highlight the need for a more environmentally conscious approach to it. They then discuss the advantages of using VR in training scenarios and explore how this technology can be used to provide high-quality training that promotes sustainable practices. The article provides a detailed analysis of the different VR applications that can be used to develop seafarers' knowledge in relation to green sustainability including modelling …

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Numerical Investigation Into The Effect Of Duct Use On The Performance Of Controllable Pitch Propellers, Ahmet Yurtseven May 2025

Numerical Investigation Into The Effect Of Duct Use On The Performance Of Controllable Pitch Propellers, Ahmet Yurtseven

Seatific Journal

In this study, CFD methods are used to solve the complex flow around a CPP propeller with ducts. It is aimed to investigate the performance differences between ducted and non-duct propeller versions. In particular, the values of pitch changes and blade spindle torques at different advance coefficients were determined. STAR-CCM+, a commercial computational fluid dynamics (CFD) code, was used in the study. The k-ε model was preferred to predict turbulence in the flow. In addition to the coefficients of performance such as thrust coefficient, torque coefficient and propeller efficiency, the study also examined the blade spindle torque that provides the …

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A Domestic Waste Heat Recovery System: Mathematical Model Of A Green Kitchen Module, Stefano Maria Spagocci May 2025

A Domestic Waste Heat Recovery System: Mathematical Model Of A Green Kitchen Module, Stefano Maria Spagocci

Seatific Journal

A lumped parameter model of a domestic heat storage/recovery system is described. This is a typical green kitchen application, where the heat dissipated by kitchen appliances is stored in suitable materials by temperature rise and/or phase transitions. To this aim, sensible heat materials and phase change materials are considered. Based on the model, a number of design solutions are proposed, making use of fixed beds or shell-and-tube heat exchangers, where heat is stored in spheres or cylinders made up of (or encapsulating) suitable materials. The best solution (a PCM-based shell-and-tube exchanger) corresponds to ~50×50×25 cm, ~30 kg modules.

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Low-‎Computational Adaptive Mpc Algorithmization Strategy For Over ‎And ‎Undershoots ‎Instantaneous ‎Water ‎Heaters Stability, Ismael Ehtiwesh May 2025

Low-‎Computational Adaptive Mpc Algorithmization Strategy For Over ‎And ‎Undershoots ‎Instantaneous ‎Water ‎Heaters Stability, Ismael Ehtiwesh

Seatific Journal

Tankless gas Hot Water users' ‎comforting perception ‎is severely affected by ‎sudden ‎changes ‎in temperature ‎apart from ‎the ‎desired temperature. The instability of the ‎water ‎temperature ‎with ‎overshoots and ‎undershoots is the ‎most common disadvantage ‎that ‎appears ‎mainly ‎because of the sudden changes in ‎the water flow demanded by ‎users ‎and ‎the ‎response delays inherent to ‎the heating system. ‎Classical ‎controllers for heat ‎cells have ‎difficulties in ‎responding ‎to ‎temperature ‎instability in a timely manner because ‎they do not ‎have the ‎capacity to anticipate ‎the ‎effects ‎of sudden variations in water flow ‎rate. ‎The ‎model ‎predictive control with adaptive function …

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Ships And Sea Structures With A Hydrodynamic Perspective, Odd Magnus Faltınsen May 2025

Ships And Sea Structures With A Hydrodynamic Perspective, Odd Magnus Faltınsen

Seatific Journal

This article concentrates on aspects of marine technology such as fish cages, ships, sea structures, and marine operations. It addresses net cages and closed-containment fish farms through sloshing while discussing both displacement and high-speed vessels. The ship topics under consideration include CO2 emissions in waves, dynamic instabilities, whipping and springing, maneuvering in waves, and sloshing-induced slamming in prismatic LNG tanks. The considered sea structures include offshore platforms used for gas and oil exploration and production and for renewable energy. The article also discusses lowering and lifting of objects through the free surface from ships and addresses the accidental dropping of …

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Metamodels For Seakeeping Assessment Of Fishing Vessels, Giorgio Trincas, Roberto Rocchi May 2025

Metamodels For Seakeeping Assessment Of Fishing Vessels, Giorgio Trincas, Roberto Rocchi

Seatific Journal

The most significant goals of this paper are: (i) to provide additional insight on the influence of hull form parameters on seakeeping performance of typical Mediterranean fishing vessels; (ii) to develop efficient and reliable metamodels for fast and reliable evaluation of seakeeping performance in am multiattribute decision-making environment; (iii) to facilitate and speed up the selection of the design with the best possible seakeeping performance at conceptual design stage. To enhance the accuracy and applicability of predictions of seakeeping characteristics and to find out guidelines for design scope, new metamodels have been developed from an extended database of 57 cases, …

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