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Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie May 2025

Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie

Maine Law Review

Extraterrestrial exploration and a historic lunar success have helped give modern man a unique perspective on the earth and his natural environment. We have looked on our planet from the reaches of outer space and have seen how small, how alone, and how vulnerable we are. We have travelled to the moon and photographed Mars, but we have finally realized that no matter how far or how fast we grow, no matter how far afield our explorations take us, and no matter how great our vision, we must always return to earth. This is a discomfiting realization for a civilization …

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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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Distancing From Precedent & Procedures In Favor Of An Uninformed Public: A Survey Of Energy Transfer V. Friedman, Gina R. Salash May 2025

Distancing From Precedent & Procedures In Favor Of An Uninformed Public: A Survey Of Energy Transfer V. Friedman, Gina R. Salash

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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Preventing Legislative Abuse Of Lucrative Environmental Resources: A Survey Of Pennsylvania Environmental Defense Foundation V. Commonwealth, Kendra Schleig May 2025

Preventing Legislative Abuse Of Lucrative Environmental Resources: A Survey Of Pennsylvania Environmental Defense Foundation V. Commonwealth, Kendra Schleig

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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Restructuring "Justice": How States Can Decrease Prosecutorial Misconduct By Depoliticizing Accountability, Miranda E. Thompson May 2025

Restructuring "Justice": How States Can Decrease Prosecutorial Misconduct By Depoliticizing Accountability, Miranda E. Thompson

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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50 Years Of Child And Adolescent Suicide Prevention Interventions: A Review Of Randomized Controlled Trials And Their Moderators And Mediators, Pauline Goger, Rachel Nam, Nathan Lowry, Christine B. Cha, Jessica Ribeiro, Xieyining Huang, Kathryn R. Fox May 2025

50 Years Of Child And Adolescent Suicide Prevention Interventions: A Review Of Randomized Controlled Trials And Their Moderators And Mediators, Pauline Goger, Rachel Nam, Nathan Lowry, Christine B. Cha, Jessica Ribeiro, Xieyining Huang, Kathryn R. Fox

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

Suicidal thoughts and behaviors (STBs) in youth are prevalent and impairing, but available psychosocial treatments are difficult to access and show limited efficacy. Prevention strategies are interventions intended to be implemented during relative well-periods before impairment or other adverse outcomes set in and therefore help avoid undue distress or psychological sequelae. However, prevention strategies have not always been clearly distinguished from treatment strategies in prior reviews. Additionally, increasing prevention efficacy by identifying what works how and for whom to allow for personalization of interventions could be impactful, but has not been sufficiently probed. To help address these knowledge gaps, a …

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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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Uncommon Controversy, David Getches May 2025

Uncommon Controversy, David Getches

Maine Law Review

In the mid-nineteenth century the Indians of the Northwest were pressured by government agents into signing treaties ceding most of the land they had historically occupied to the United States. In each treaty, besides reserving small tracts of land for themselves, the Indians specifically reserved the right to fish "at all usual and accustomed grounds and stations." Because the lands which the Indians were permitted to reserve were selected so as "not to interfere with existing [non-Indian] claims, or with the progress of settlements," many traditional fishing places were located outside the reservations. The Indians' grudging acceptance of the treaties …

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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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Beaulieu V. Beaulieu: An Obituary For Lex Loci And An Approach To Interest Analysis, David C. Shonka May 2025

Beaulieu V. Beaulieu: An Obituary For Lex Loci And An Approach To Interest Analysis, David C. Shonka

Maine Law Review

Clifford Beaulieu, a guest in his father's automobile, was injured when the vehicle struck a telephone pole in Massachusetts. Both parties were residents of Maine. The trip had originated in Maine and was to terminate there. The son filed an action against his father in the Maine Superior Court, alleging negligent operation of the vehicle. On an agreed statement of facts, the case was reported to the Maine Supreme Judicial Court where the defendant argued for dismissal of the action on the grounds that the doctrine of lex loci delictus, the law of the place of the tort, was applicable …

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Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell May 2025

Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell

Maine Law Review

The right to a speedy trial has been an integral part of the Anglo-American legal system since its foundation. The first statement of this guarantee seems to be in the codification of basic rights included in the Magna Charta. It was incorporated into the earliest laws of colonial America and later expressed in the sixth amendment to the Constitution. In Klopfer v. North Carolina, the United States Supreme Court stated, "The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by our Constitution." …

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Law Of Rebuttable Presumptions In Maine, Curtis L. Bourdon May 2025

Law Of Rebuttable Presumptions In Maine, Curtis L. Bourdon

Maine Law Review

In Hinds v. John Hancock Mut. Life Ins. Co., the Maine Supreme Judicial Court sought to clarify and simplify the law of rebuttable presumptions as to the quantum of evidence that must be introduced before a presumption is dispelled. The Maine court adopted a rule which states that a presumption is rebutted when the probability of the nonexistence of the presumed fact is as probable as its existence. Stated another way, a presumption is rebutted when the jurors' minds are placed in equilibrium. Ten years later, in State v. O'Clair, the court expressly incorporated the Hinds rule into criminal procedure. …

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Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes May 2025

Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes

Maine Law Review

The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …

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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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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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State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?, Francis J. O'Toole, Thomas N. Tureen May 2025

State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?, Francis J. O'Toole, Thomas N. Tureen

Maine Law Review

Because of their strategic location on the sparsely settled Canadian border, the Passamaquoddy Indians were of great importance in the American Revolution, and played a decisive role in securing eastern Maine for the United States. As soon as the hostilities had ended, however, the federal government promptly forgot about these Indian allies in what is now the State of Maine and, whether intentionally or not, left the Passamaquoddy Tribe in its dealings with the dominant society to the mercy of Massachusetts and, after 1820, Maine. The Passamaquoddy Tribe is a relatively small one, but there are approximately 120,000 other tribal …

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How To Use Financial Statements—A Handbook For Lawyers, James R. Flaker May 2025

How To Use Financial Statements—A Handbook For Lawyers, James R. Flaker

Maine Law Review

It is always dangerous to write a handbook for lawyers on another discipline whether that discipline be medicine, engineering, actuarial science, or accounting. The demands on the lawyer for knowledge in any of these other disciplines differ both in breadth and depth in each of the multitudinous matters in which he finds himself involved. Moreover, among individual practicing lawyers are found widely varying degrees of sophistication in these other disciplines. Bearing in mind this inherent limitation of any handbook for lawyers, it is apparent that Irving Kellogg has done a good job with his handbook on financial statements.

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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 Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii May 2025

A Proposal To Protect Maine From The Oilbergs Of The 70'S, Eugene C. Coughlin Iii

Maine Law Review

The oil industry is moving into Maine with plans to develop new oil ports and to build oil refineries along the coast. Although the Portland harbor is one of the busiest oil ports on the eastern seaboard, the enormous increase in oil transportation over Maine waters, as envisioned by the oil magnates, poses frightening consequences for Maine people. Responding to this threat and to a growing conservation lobby, as well as an aroused public, the 104th Legislature passed measures that hopefully will begin to cope with the problem. Hailed as landmark conservation legislation, the new laws go further than past …

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Maine Civil Practice (2d Ed.), Charles A. Wright May 2025

Maine Civil Practice (2d Ed.), Charles A. Wright

Maine Law Review

Shortly after the first edition of this book appeared I referred to it as "an excellent treatise," and I have kept a copy close at hand in my office so that I may benefit from its useful insights into procedural problems when I am engaged in my own writing about procedure in the federal system. I have now had an opportunity to read the second edition from cover to cover and have no doubt that it is even better, and will be even more useful to judges and lawyers in Maine and to persons interested in procedure outside Maine, than …

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The Balance Of Power In Professional Sports, Barry Zimmerman May 2025

The Balance Of Power In Professional Sports, Barry Zimmerman

Maine Law Review

This note examines the problems of the professional athlete in dealing with the "establishment" in the sports world. The basic framework for analysis lies in the operation of our free enterprise ideas in the practical context of professional sports. The professional athlete suffers from a severe lack of bargaining power in his relationship with management. This bargaining imbalance is inconsistent with the premises of our free enterprise system and must be eliminated if the professional sports world is to avoid a total breakdown in labor-management relations.

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Real Property Taxes In Maine And The Impoverished: An Expose?, J. Michael Conley Iii May 2025

Real Property Taxes In Maine And The Impoverished: An Expose?, J. Michael Conley Iii

Maine Law Review

As the clamor for war against poverty increases throughout our society, there are few social and legal spheres that remain unscathed. Congress and the state legislatures have finally begun to show compassion in enacting new laws concerning virtually every social field in an attempt to alleviate the atrocious conditions under which this nation's poor exist. Moreover, the judicial system seems to have gained more awareness of the legal standing of the poor man and has begun to vindicate his once-dormant constitutional and statutory rights. One poverty target that has been hit by both the lawmakers and the courts concerns the …

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