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Colophon, Editors Of Fragments

Fragments

No abstract provided.

Utilization Of Low-Carbon Cementitious Materials In Mine Backfilling, Songtao Zhang, Jun Yao, Pengfei Wu, Xinyu Feng, Jiaxing Ban, Siqi Zhang, Geoffrey Sunahara, Wen Ni

Miners Solving for Tomorrow Research Conference

No abstract provided.

Property Offenses, Peter G. Ballou

Maine Law Review

The Criminal Code has sought to accomplish three goals in the area of property crimes: consolidation, simplicity, and consistency in the treatment of similar offenses. The consolidation of a variety of previously separate crimes into the single crime of theft may be the most drastic change from prior law in the entire Code. Almost all of the ways in which a person may be deprived of his property or services to the gain of another are now included in this single crime. The consolidation under the heading of burglary of a variety of crimes involving entry of buildings in combination …

Homicide, Peter J. Rubin

Maine Law Review

The homicide provisions of the Maine Criminal Code break down culpable killings into six degrees. Until the line of cases beginning with State v. Wilbur, the law of Maine had always seemed to separate the various unlawful killings into separate crimes rather than degrees of the same crime. Commencing with State v. Rollins and State v. Lafferty, the Maine Supreme Judicial Court announced that there was and always had been only one crime of "felonious homicide." Murder and manslaughter were merely punishment categories or degrees of "felonious homicide." The new homicide provisions are similar to the pre-Code court interpretation in …

Mens Rea And Insanity, Maine Law Review

Maine Law Review

Two developments in the administration of criminal law call for a closer examination of the relationship between mens rea and insanity. The first is the practice of bifurcating trials into a guilt phase and an insanity phase. The new Maine Criminal Code, for example, allows the defendant to elect such a procedure. The second development is the increasing willingness of courts to admit evidence of the accused's mental disease or defect as probative of whether he possessed the culpable state of mind, or mens rea, which must be proven as one of the elements of the crime charged. When the …

The Burden Of Proof And The Insanity Defense After Mullaney V. Wilbur, Maine Law Review

Maine Law Review

In 1970, the Supreme Court of the United States in the case of In re Winship specified an evidentiary standard of proof for criminal prosecutions as a requirement of the due process clause of the 14th amendment: "Lest there remain any doubt about the constitutional stature of the reasonable doubt-standard, we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." Five years later, in Mullaney v. Wilbur, the Court extended Winship to invalidate Maine's statutory scheme of …

Prentiss Mellen, Maine's First Chief Justice: A Legal Biography, Ellyn C. Ballou

Maine Law Review

It is in the bosoms of his contemporaries of the profession, and of his clients and personal friends, that the memory of the lawyer is embalmed . . . . [Chief Justice Mellen's] life furnishes a striking illustration of the justness of the preceding remarks, since it was that of one almost exclusively conversant with the active practice of the law. Thus wrote Simon Greenleaf shortly after Prentiss Mellen's death. Greenleaf, perhaps due to the modesty of one in a similar position, was only partially correct. True, few today, even in the legal profession, recognize the name of Maine's first …

Liability For Maritime Oil Pollution: A Comparison Of The Maine Coastal Conveyance Act With Federal Liability Provisions, Maine Law Review

Maine Law Review

The increasing involvement of coastal states in the regulation of oil pollution within their territorial waters has raised serious questions about the constitutional validity of state legislation imposing liability on parties responsible for unlawful oil discharges. The admiralty clause of the United States Constitution provides that the judicial power of the United States extends to "all cases of admiralty and maritime jurisdiction." This grant to federal courts of original jurisdiction over all admiralty or maritime cases has been construed to be more than a grant of judicial competence. The United States Supreme Court has interpreted the admiralty clause to incorporate …

The Validity Of The Restrictions On The Modern Advisory Opinion, Maine Law Review

Maine Law Review

In 1831 the Maine House of Representatives, relying on its constitutional authority to request advisory opinions, sought the counsel of the Justices of the Supreme Judicial Court regarding voting requirements for the election of state officers. Because the House was about to adjourn, it requested that the Justices forward their answers to the Governor for publication. The Justices, without mentioning any constitutional limitation on their power to answer questions propounded by the Governor or the Legislature, complied with this request. One hundred and forty years later, the Senate requested the Justices' advice regarding the reapportionment of the House of Representatives. …

New Policies Bearing On The Negligent Employer's Immunity From Loss-Sharing, Maine Law Review

Maine Law Review

The statutory and judicial controls on loss-sharing between third-party tortfeasor and negligent employer must yield in the face of major modern developments in tort law. The third party's tort liability burden has sharply increased both in amount and frequency. New attitudes towards loss-apportionment highlight the imbalance that results from the employer's immunity and subrogation right. Although the situation is ripe for legislative action, courts, in the absence of full-scale systemic reassessment, must attempt some balancing of the competing policy objectives. While this Comment concludes by urging the adoption of a specific remedy allowing the third party to assert the employer's …

Title Disputes After Probate Or Administration, Maine Law Review

Maine Law Review

Title to realty generally passes by sale, by devise or by descent. Each method of transfer through its respective system of rules and requirements seeks to protect the interests of society as well as the interests of the immediate parties to a transfer of ownership. When a sale, as an inter vivos transfer, follows a transfer of realty by either devise or descent, a gap may appear in the protection afforded to the various parties by each system of rules. Specifically, the purchase of estate realty from a distributee under probate or administration may jeopardize the purchaser's status as owner. …

Maine's Reception Of The Common Law, Maine Law Review

Maine Law Review

From the fledgling days of statehood, and throughout the nineteenth century, attorneys and judges frequently invoked the constitutional reception clause in defining Maine law. The clause served the valuable purpose of providing the new state with a transitional system of law. In the words of Prentiss Mellen, first Chief Justice of Maine's Supreme Judicial Court, reception "was evidently designed to prevent confusion consequent upon a suspension of law, and the injury which would thereby result to the community and individuals." After the nineteenth century, as Maine developed an indigenous body of decisional and statutory law, the reception provision increasingly fell …

Tort Law Developments, Maine Law Review

Maine Law Review

Any discussion of recent tort law developments in Maine should begin with the abrogation of sovereign immunity, for in the timing of that far-reaching act the Law Court revealed the essence of its approach to this entire area, at once expanding liability while ensuring its careful limitation. Other progressive changes, such as the judicial creation of a new tort remedy in the cause of action for invasion of privacy, have also been hedged with restrictions. Similarly, in charting the development of legislatively created or enlarged grounds of liability in such realms as products liability or owners' and occupiers' duties to …

Stare Decisis, Maine Law Review

Maine Law Review

Stare decisis, a doctrine fundamental to common law decisionmaking, requires a court to resolve disputes within the framework provided by the rationales and results of prior cases addressed to similar legal and factual relations. It seeks to reconcile the law's two great warring imperatives, that which requires a rational scheme of consistent authority serving the broad social goals of predictability, uniformity, and finality, with that which demands individual results informed by principle and applied with flexibility and discretion—in a word, justice. On the one hand, by focusing on how legal theory has interacted with fact on correlative earlier occasions the …

A Reexamination Of Passamaquoddy V. Morton, John M.R. Paterson, David Roseman

Maine Law Review

In December 1975, the United States Court of Appeals for the First Circuit issued its historic decision in Joint Tribal Council of the Passamaquoddy Tribe v. Morton. That decision set in motion a sequence of events that only the most prescient of the original participants could have imagined. At its height the litigation that grew out of Passamaquoddy involved a threatened suit by the United States Justice Department on behalf of two Indian groups in Maine against the State of Maine, several of the nation's largest corporations, 350,000 residents, and scores of Maine municipalities. The plaintiffs sought possession of 12,000,000 …

The Unilateral Termination Of Tribal Status: Mashpee Tribe V. New Seabury Corp., Maine Law Review

Maine Law Review

Mashpee Tribe v. New Seabury Corp. is the first reported case in which a federal trial court decided the question of an Indian group's existence as a tribe. In Mashpee, the issue of tribal existence arose as a defense to a claim brought by the Mashpee Indians for recovery of lands comprising most of the Town of Mashpee, Massachusetts. At the time of suit, these lands were held by a class of defendants who, according to the Mashpees' complaint, held interests or title acquired without the consent of Congress in violation of the Nonintercourse Act. Based upon the jury verdicts, …

Judicial Enforcement Of The Federal Restraints On Alienation Of Indian Land: The Origins Of The Eastern Land Claims, Robert N. Clinton, Margaret Tobey Hotopp

Maine Law Review

The land claims of the Passamaquoddy, Penobscot, Oneida, Mashpee, Narragansett, and other eastern Indian tribes have recently drawn attention to the federal statute governing alienation of tribal lands upon which the claims are based—25 U.S.C. § 177. This provision conclusively established, at least in theory, the exclusive authority of the federal government to extinguish aboriginal title to land. The actual practice was quite different, however, because some of the original thirteen states, accustomed to some degree of power under the Articles of Confederation in the field of controlling tribal Indian title, did not immediately acknowledge the complete federal preemption of …

State V. Hayes: Privacy Of The Mind And The Incompetent Defendant, Maine Law Review

Maine Law Review

Although numerous jurisdictions have faced the question of whether a criminal defendant can be considered competent to stand trial when his competency is medically induced, the question of whether the state may force the accused to take competency-inducing medication during trial over the pretrial objections of the defense is relatively novel. Confronted with that issue recently, the Supreme Court of New Hampshire in State v. Hayes held that the state could compel a criminal defendant to take psychotropic drugs' necessary to maintain competency if the jury was informed about the use of medication. It is clear from the New Hampshire …

Decriminalization: A New Consideration For The Fourth Amendment Balance, Maine Law Review

Maine Law Review

During the past several years Maine has reevaluated the wisdom of applying criminal sanctions to certain forms of conduct. In addition to the total abrogation of a number of crimes, the Maine Legislature has reduced the statutory classification of some offenses to civil violations. Moreover, certain newly established offenses have been limited to the status of civil violations. The designation of offenses as "civil" raises the question of what constitutional safeguards should be applied to the manner in which such violations are investigated and to the process under which civil sanctions are administered. This Comment will summarize the Supreme Court's …

The Use Of Federal Habeas Corpus In Child Custody Disputes, Maine Law Review

Maine Law Review

Inability to enforce child custody decrees on a nationwide basis has created an unfortunate and well-publicized anomaly in the law. A parent disappointed with one state's award of custody may remove the child to another jurisdiction, gambling that the second state's courts will decline to enforce the original decree. Of the several remedies that have been suggested to relieve this situation, federal habeas corpus remains among the least explored. The use of federal habeas corpus in child custody disputes raises two questions central to every federal jurisdictional controversy: Do the federal courts have power to entertain the action? If the …

Ordering The Judicial Process Lien And The Security Interest Under Article Nine: Meshing Two Different Worlds Part I—Secured Parties And Post-Judgment Process Creditors, Thomas M. Ward

Maine Law Review

The clash between a creditor with a consensual security interest in personal property and a general creditor with a judicially created lien in the same property generates fundamental problems for the commercial lawyer. The respective rights of these two parties hinge upon a determination of priority. Because the interests of the parties are governed by distinct bodies of state law whose interrelationship remains unclarified, the resolution of priority problems in this context is difficult. Article Nine of the Uniform Commercial Code, which purportedly contains a comprehensive priority system, regulates the consensual security transfer, and a variety of independent state statutory …

Cross-Lingual Prosody Preservation In Speech Generation Applications, Daniel V. Klein, Paul Mccartney

Defensive Publications Series

This disclosure describes a data collection approach to obtain a high-quality, paired prosody dataset to support cross-lingual prosody translation in voice dubbing and other speech generation applications. Current datasets lack the nuanced prosodic features that are essential for natural and expressive cross-lingual speech synthesis, resulting in synthetic speech that often sounds flat or lacks emotional resonance. Per techniques of this disclosure, audio spoken by professional voice actors or other individuals proficient in a language is recorded in various languages. Paired recordings of matching content are available in the collected dataset. The recordings capture nuanced prosody such as rhythm, emotion, and …

Ergonomic Consulting As Fieldwork: A Pandemic Need & Beyond, Sarah Klunk, Mba, Otr/L, Sara Loesche, Ms, Otr/L, Cht, Ceas

Department of Occupational Therapy Posters and Presentations

Background

In March of 2020, the COVID-19 pandemic impacted clinical and educational environments accessed by occupational therapy students. Educators had to reimagine learning in virtual spaces—including fieldwork education. At the same time, workers in many industries quickly pivoted from office spaces to a work from home (WFH) environment. Most workers had to navigate this transition without employer support—especially in larger companies (Voss et al., 2021).

This project was a collaboration between the academic fieldwork coordinator (AFWC) and a faculty member (fieldwork educator) who worked to identify a need for services as a result of the shift in work environments. Then, …

The Indiana Statesman, April 3, 2025, Indiana State University

Student Newspaper

Spring Week; Spring Week Calendar; Indiana State Out of the Darkness Walk; 100 years of Sycamore Bands; President Godard cooks at George’s; Mathematics Dept. screens ‘Counted Out’; Causes of Taliban control in Afghanistan

Albert Sidney Haley, Iii Papers, 1961-2022, Albert Sidney Haley Iii

Center for Restoration Studies Archives, Manuscripts and Personal Papers Finding Aids

No abstract provided.

David Ramsey Papers, 1973-1983, David Ramsey

Center for Restoration Studies Archives, Manuscripts and Personal Papers Finding Aids

No abstract provided.

Gene B. Shelburne, Jr. Papers, 1932-1935, Gene B. Shelburne Jr.

Center for Restoration Studies Archives, Manuscripts and Personal Papers Finding Aids

No abstract provided.

Backpacks & Beyond: Applying Ergonomic Principles To Promote Wellness For School Students And Staff, Sara Loesche, Ms, Otr/L, Cht, Ceas

Department of Occupational Therapy Posters and Presentations

Overview

Students in elementary and secondary educational settings encounter ergonomic risk factors due to sedentary activity, poor postural habits, backpacks, and lack of knowledge related to health and wellness. Additionally, students are still physically developing during childhood and adolescent years.

The Beacon, April 3, 2025, Beacon Staff

The Beacon, 2024-2025

Innovation at NW-Hack; A nature getaway to remember; Strong showing from folk/rock band; "Snow White" disappoints even diehard fans; Spotlight on crafter and musician Elena Lee; Student projects at Celebration of Research; NW hosts the Festival of Culture; Hackathon of NW; An inside look at NW A Cappella Choir; Spiritual and social growth; Starship: a fall from grace; Christian leadership vs. worldly expectations; Where Raider athletes find inspiration; NW cheer has strong showing at nationals; Baseball season in full swing; DME Kids Club here for second year; Egg prices: inflation or bird flu?

Belinda Harriman Curtis Papers, 1968-2013, Belinda Harriman Curtis

Center for Restoration Studies Archives, Manuscripts and Personal Papers Finding Aids

No abstract provided.