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Lloyd Corp. V. Tanner: A Shopping Center Open For Business But Not For Dissent, Maine Law Review May 2025

Lloyd Corp. V. Tanner: A Shopping Center Open For Business But Not For Dissent, Maine Law Review

Maine Law Review

Self-government in the United States is facilitated by adherence to the traditional principles of freedom of speech and private property. The first requirement of a self-governing community is an electorate with sufficient knowledge to regulate its own affairs wisely. Hopefully, that requirement is fulfilled by free interchange of ideas. But the viability of free speech depends in part on the concept of private property, which secures to the individual an area of insulation from societal influences. Both free speech and private property are constitutionally protected from governmental interference, the former by the First Amendment and the latter by the Fifth …

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Cross-Appeals In Maine: Pitfalls For The Winning Litigant, Maine Law Review May 2025

Cross-Appeals In Maine: Pitfalls For The Winning Litigant, Maine Law Review

Maine Law Review

The question of when a winning party must cross-appeal to challenge non-determinative findings in defense of a favorable judgment was answered for the first time in Maine in the recent case of Littlefield v. Littlefield. Noting a split of authority between the federal and state courts, the Maine Supreme Judicial Court unpredictably determined that an appellee must file a cross-appeal if he seeks to attack adverse findings which, if decided differently, would adequately support the judgment. In Littlefield, the court's objective was to provide notice to opposing parties. Recognizing that this end is a legitimate concern, the question here is …

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Dismissals For Pregnancy In Government Employment, Maine Law Review May 2025

Dismissals For Pregnancy In Government Employment, Maine Law Review

Maine Law Review

For those who litigate sex discrimination cases, the most difficult problems theoretically are those which involve characteristics that are not common to both sexes. Discrimination on the basis of pregnancy is the most obvious example and is probably the most difficult to attack. Male employers, judges and even obstetricians are outsiders to the experience of pregnancy, and to many of them the process verges on the mysterious. Masculine attitudes toward pregnancy range from protectiveness to contempt, but they are seldom neutral. Because counsel for women plaintiffs contesting pregnancy employment regulations work in a sensitive area, they should be especially careful …

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Attorneys And The Summary Contempt Sanction, Maine Law Review May 2025

Attorneys And The Summary Contempt Sanction, Maine Law Review

Maine Law Review

It is indisputable that an orderly, disciplined courtroom is a prerequisite for the administration of justice. Rules necessarily backed by sanctions insure needed decorum and sobriety within the courtroom. One method used to promote courtroom order is the summary criminal contempt procedure embodied in 18 U.S.C. § 401(1) and implemented under Rule 42(a) of the Federal Rules of Criminal Procedure. In practice, the nature of the procedure has triggered criticism that summary criminal punishment of indecorous courtroom conduct fails to provide constitutional safeguards of due process of law. Most recently, the decision of In re Dellinger has reemphasized the problems …

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Postjudgment Procedures For Collection Of Small Debts: The Maine Solution, Maine Law Review May 2025

Postjudgment Procedures For Collection Of Small Debts: The Maine Solution, Maine Law Review

Maine Law Review

Debtors' rights and the due process of debt collection have received increasing attention recently in legislative as well as judicial spheres. There have been many efforts to rectify basic contractual inequities, to abolish summary prejudgment remedies and to limit extra-judicial collection abuses. However, comparatively little scrutiny has been focused on postjudgment or post-hearing remedies in the later stages of the collection process. Until recently, Maine's legal remedies for postjudgment debt collection were notorious for their harshness. Jail, the principal sanction, was freely used as a creditors' club to make debtors settle claims. Although inability to pay was not in itself …

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State Action And Waiver Implications Of Self-Help Repossession, Maine Law Review May 2025

State Action And Waiver Implications Of Self-Help Repossession, Maine Law Review

Maine Law Review

In Adams v. Egley, a California federal district court held the repossession sections of the Uniform Commercial Code to be unconstitutional as a denial of due process. The Adams court relied on Sniadach v. Family Finance Co., in which the Supreme Court invalidated the Wisconsin prejudgment wage garnishment law as violative of due process because property was garnished under the statute without hearing or notice to the wage-earning debtor. When Adams was decided, the scope of Sniadach was the subject of extensive judicial dispute. Since then, the Supreme Court's decision in Fuentes v. Shevin has clarified the meaning of Sniadach …

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Defense Of Indigents In Maine: The Need For Public Defenders, Peter Avery Anderson May 2025

Defense Of Indigents In Maine: The Need For Public Defenders, Peter Avery Anderson

Maine Law Review

During the past ten years the United States Supreme Court has engineered a major reworking of criminal procedure through judicial review. In no area of criminal procedure has the overhaul been so drastic as in the right to court appointed counsel. From a time when court appointment of counsel was virtually nonexistent, the right has been expanded to the extent that counsel is now available in nearly all cases and stages of the proceedings. This rapid growth of the right to counsel has placed an understandable strain on state and federal judicial systems. Various means of coping with the demands …

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Volume 4 Complete Issue, James W. Gallagher May 2025

Volume 4 Complete Issue, James W. Gallagher

The Geographical Bulletin

Volume 4 Complete Issue

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Resort Development In The Venezuelan Central Littoral: The Case Of Naiguata, Jesus Soto May 2025

Resort Development In The Venezuelan Central Littoral: The Case Of Naiguata, Jesus Soto

The Geographical Bulletin

Naiguata is a small coastal town in the Federal District of Venezuela some 24 miles from Caracas (Map 1). Because of this proximity to Caracas, land use patterns have been significantly affected in recent decades by resort development. Accelerated growth of the Metropolitan Area of Caracas has created a need for recreational facilities away from the congestion of the capital.' Naiguata has satisfied that need to some extent, but, for several reasons, future growth and expansion are limited. The town is located on a narrow peninsular-like site hemmed in between the steep flanks of the Coastal Range mountains and the …

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Land Alienation In Houston County, Minnesota: Preferences In Land Selection, Charles E. Dingman May 2025

Land Alienation In Houston County, Minnesota: Preferences In Land Selection, Charles E. Dingman

The Geographical Bulletin

Geographers by and large have failed to make very effective or extensive use of the information available in the Tract Books of the General Land Office, which provide evidence of the selection of lands in the public land states of the United States: The Tract Books show the date of entry for each claim, the name of the transferee, and the nature of the transaction for each plot of land alienated from public domain. This case study of Houston County, Minnesota will illustrate the use of these records to investigate initial land evaluations: Dates of alienation can reveal the precise …

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Editor's Comments, James W. Gallagher May 2025

Editor's Comments, James W. Gallagher

The Geographical Bulletin

It is a pleasure to present several well-done student papers in this issue. Mr. Rohe has presented a fine historical geography representative of the lumbering days of the Upper-Lake States. It is a study of a region which has presented many American Geographers with rich field experiences. Mr. Hubbard's paper deals with "perception"-one of the frontiers of geographic research. The areal implications of perception analysis shou Id give us considerable insight into regional problems. Hubbard's paper is a further step toward understanding of how and why we do things. Mr. Huck and Mr. Soto have papers in the realm of …

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The Landscape And The Era Of Lumbering In Northeastern Wisconsin, Rand E. Rohe May 2025

The Landscape And The Era Of Lumbering In Northeastern Wisconsin, Rand E. Rohe

The Geographical Bulletin

An understanding of the totality of the present landscape of northern Wisconsin requires an investigation of its era of primary exploitation. Wisconsin at one time led the nation in lumber production, and for forty years the industry dominated the commercial and industrial activities of the state. Although a passing phase of history, lumbering left a conspicuous mark on the geography of Wisconsin. The process of exploitation produced elements and patterns that shaped and molded the character of the present landscape. By its nature, the contemporary landscape asks the degree of influence the lumber industry had in its formation. The answer …

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Cover And Forewords, James W. Gallagher May 2025

Cover And Forewords, James W. Gallagher

The Geographical Bulletin

Cover and Forewords

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Volume 3 Complete Issue, James W. Gallagher May 2025

Volume 3 Complete Issue, James W. Gallagher

The Geographical Bulletin

Volume 3 Complete Issue

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Perspectives On The Sloven Ian Republic Of Yugoslavia, David E. Kromm May 2025

Perspectives On The Sloven Ian Republic Of Yugoslavia, David E. Kromm

The Geographical Bulletin

I would like to explore with you the Socialist Republic of Slovenia, the northernmost province of Yugoslavia. In developing a perspective on Slovenia, I will emphasize the cultural and economic distinctiveness of the region in order to distinguish this nation from the rest of the Yugoslav state. Yugoslavia is a relatively new country in Europe, being established in 1918 following the World War I disintegration of the extensive Habsburg and Ottoman Empires. At first the young state called itself the Kingdom of the Serbs, Croats and Slovenes in recognition of the separate identities of its three major ethnic groups. Stressing …

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Public Opinion Of Pollution Hazards In Northwest Indiana, Alice T.M. Rechlin May 2025

Public Opinion Of Pollution Hazards In Northwest Indiana, Alice T.M. Rechlin

The Geographical Bulletin

The Hypotheses The following hypotheses were designed to investigate the interviewees' general level of awareness of NIPSCO's expansion plans, their opinions concerning the plans and possible influences affecting those opinions: Hl : Awareness of NIPSCO's expansion of the Michigan City generating plant falls off rapidly with distance. H2: Acceptance of N I PSCO's plant expansion increases with distance. H3:Awareness and nature of opinion regarding plant expansion varies with age, sex and level of education. H4: Exposure to the views of conservationists and industry will tend to strengthen previously formed opinions. H5: Persons who have been long time customers of NIPSCO …

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Some Aspects Of Regional Delimitation: The Western Ozarks; A Case Study, Michael W. Jinks May 2025

Some Aspects Of Regional Delimitation: The Western Ozarks; A Case Study, Michael W. Jinks

The Geographical Bulletin

om the state line (Kansas) north of Joplin to the Rock Island railroad north of Warsaw .. . approximately by the courses of the Spring and Sac rivers. These rivers occupy a broad, shallow trough, which divides the Ozarks from the high prairies to the west.'

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Editor's Comments, James W. Gallagher May 2025

Editor's Comments, James W. Gallagher

The Geographical Bulletin

In this issue there are several papers of note. Dr. Pillsbury and Dr. Kromm have had their papers published which were presented at the G.T.U. sessions held in conjunction with the N.C.G.E. and A.A.G. meetings. Three other papers indicate two dimensions of activities. In two there is evidence of considerable individual scholarly work and the continuation of a time honored solitary approach to study. The other is the blending of individual efforts into a common goal-the pursuit of information about a timely topic. All are worthy efforts. Finally, President Speigner has made a call to all members of Gamma Theta …

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Images Of Appalachia, Richard Pillsbury May 2025

Images Of Appalachia, Richard Pillsbury

The Geographical Bulletin

Appalachia is one of those regional names which brings instant images to almost all of us. To some the term conjures the rolling hills of the Allegheny Plateau and colored October leaves turning in the afternoon sun, to others it surfates the faces and looks of the miners standing, waiting, knowing the fate of comrades caught inside one of the many mine disasters so characteristic of the region. All of us have images like these of the places that we know and have visited lying uncatalogued in our minds to be drawn to consciousness when prodded by the people and …

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Book Reviews, Percyslage Chigora May 2025

Book Reviews, Percyslage Chigora

Journal of African Policy Studies

No abstract provided.

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Nigeria's Federalism And The Threat Of Secession: The Case Of The Ipob, Emmanuel Oladipo Ojo, Osadola Oluwaseun Samuel May 2025

Nigeria's Federalism And The Threat Of Secession: The Case Of The Ipob, Emmanuel Oladipo Ojo, Osadola Oluwaseun Samuel

Journal of African Policy Studies

Since 2015, there has been renewed agitation for the creation of the Republic of Biafra. This article focuses on one of the two organizations involved in that struggle: The Indigenous People of Biafra (IPOB, the second being the Movement for the Actualization of the Sovereign State of Biafra, MASSOB). The Federation of Nigeria, inaugurated on 1 October 1954 under the Lyttelton Constitution, which became operational on that date, has been assailed by a plethora of centrifugal pulls and secession threats since 1950. While many of these threats were resolved politically and at round tables, a few had involved armed confrontation …

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Agrarian Reforms For Sustainable Food Security And Development: Lessons For Developing Countries From The Fast Track Land Reform In Zimbabwe, Percyslage Chigora, Tobias Guzura May 2025

Agrarian Reforms For Sustainable Food Security And Development: Lessons For Developing Countries From The Fast Track Land Reform In Zimbabwe, Percyslage Chigora, Tobias Guzura

Journal of African Policy Studies

Developing countries across the world have been in one way or the other been experiencing a rather stagnating condition in terms of general agricultural development and specifically food security. Differing policies have been implemented so as to deal with these problems and subsequently led to food security. Zimbabwe is one such country which at the turn of the new millennium embarked on a massive land reform program. The justifications have been, among others, the need to increase participates in the agricultural sector and enable the majority who have been marginalized with no or little land for agricultural purpose to benefit …

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Disclosure Of Positive Serostatus Among People Living With Hiv In Terna, Ghana: Decisions And Outcomes, Ethel O. Sakitey, Ami R. Moore, Foster K. Amey May 2025

Disclosure Of Positive Serostatus Among People Living With Hiv In Terna, Ghana: Decisions And Outcomes, Ethel O. Sakitey, Ami R. Moore, Foster K. Amey

Journal of African Policy Studies

Disclosure of a positive HIV serostatus is a complex and multidimensional phenomenon. This study uses a mixed methods approach to examine disclosure and outcome related issues among a randomly selected group of people living with HIV/AIDS (PLH) in Terna, Ghana. Overall, disclosure was relatively high among the PLH. The qualitative data showed that PLH first assessed people in their lives to whom they could potentially disclose and only disclose to those they believed would accept them, provide them support, and/or keep disclosure secret. However, some PLH inaccurately predicted the reactions of people to whom they disclosed their serostatus. Also, an …

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Cover And Table Of Contents, Institute On African Affairs May 2025

Cover And Table Of Contents, Institute On African Affairs

Journal of African Policy Studies

No abstract provided.

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Nigeria's Retirement Pension System And Elderly Poverty, Tonyesima Furro May 2025

Nigeria's Retirement Pension System And Elderly Poverty, Tonyesima Furro

Journal of African Policy Studies

This study examines the nature of Nigeria's contributory retirement pension system. It shows that the government took monthly payroll deductions from the incomes of retirees and deposited in said retirement funds. Prior to retirement, retirees would receive a severance package of a lump-sum payment of a few months to a few years' earnings. They were assured that their regularly scheduled monthly disbursement would be remitted to their designated bank accounts. But due to the cumbersome bureaucratic procedures, many pension claimants were unsuccessful in receiving their benefits before death. The study reveals that the nation's pension administration system is characterized by …

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Constitution Making Under Governments Of National Unity: The Zimbabwean Case 2009-2013, Tobias Guzura May 2025

Constitution Making Under Governments Of National Unity: The Zimbabwean Case 2009-2013, Tobias Guzura

Journal of African Policy Studies

Constitutions are the bedrock of democratic governance in the contemporary world and any state claiming democratic credentials needs to base its claims on a good constitution and positive constitutionalism. In the period from 2009 to 2013, Zimbabwe was ruled by a negotiated Government of National Unity (GNU). The government, a result of inconclusive presidential elections in 2008 was tasked with writing a new constitution to take the country out of the crisis that it has undergone since the turn of the century. The GNU duly set upon this task and wrote the constitution which was passed by parliament in May …

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Pastoralism, Social Protection And Vision 2030 In Kenya: Possibilities And Prospects, Maurice N. Amutabi May 2025

Pastoralism, Social Protection And Vision 2030 In Kenya: Possibilities And Prospects, Maurice N. Amutabi

Journal of African Policy Studies

This paper is based on research which investigated the availability of social protection structures and institutions among pastoralists in northern Kenya. Social protection, which consists of policies and programs designed to reduce poverty and vulnerability by promoting efficient labor markets, diminishing people's exposure to risks, and enhancing their capacity to protect themselves against hazards and interruption/loss of income is something that northern Kenya needs. The paper faults Vision 2030 and suggests mechanisms and ways in which pastoralists can be incorporated in Kenya's development more meaningfully. The argument is that Vision 2030 has not addressed the plight of pastoralists in political, …

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Cover And Table Of Contents, Institute On African Affairs May 2025

Cover And Table Of Contents, Institute On African Affairs

Journal of African Policy Studies

No abstract provided.

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Islamic Political System In Sudan And Its National, Regional, And International Impact, Solomon Hailu May 2025

Islamic Political System In Sudan And Its National, Regional, And International Impact, Solomon Hailu

Journal of African Policy Studies

No abstract provided.

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China In Africa: A Critical Examination Of Its Peacekeeping And Peacebuilding Activities, Earl Conteh-Morgan, Patti Weeks May 2025

China In Africa: A Critical Examination Of Its Peacekeeping And Peacebuilding Activities, Earl Conteh-Morgan, Patti Weeks

Journal of African Policy Studies

The objective of this analysis is to examine and critically assess the peacekeeping and peacebuilding efforts of China in Africa generally. In other words, what level of support does China provide to African peacekeeping efforts? What is China's rationale for engaging in peacekeeping and peacebuilding in SSA? What is the nature of its activities in those areas? What does it emphasize in its peacebuilding and peacekeeping activities?

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