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Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman May 2025

Arbitration As An Alternative To Judicial Settlement: Some Selected Perspectives, Mashall E. Lippman

Maine Law Review

The increasing interest in arbitration as a means of judicial reform has been largely due to the fact that arbitration provides a forum for dispute settlement apart from the traditional judicial system. In other words, arbitration is regarded as a useful reform measure primarily because it affords potential litigants a forum other than the already over-burdened courts. Little consideration has been given to the possibility that in some areas arbitration may in fact be both a better forum and a better method of resolving disputes than the traditional judicial system. This article will discuss three areas, areas which are susceptible …

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Federal Evaluation Of Riparian Property: Section 111 Of The Rivers And Harbors Act Of 1970, Ronald C. Allen May 2025

Federal Evaluation Of Riparian Property: Section 111 Of The Rivers And Harbors Act Of 1970, Ronald C. Allen

Maine Law Review

Certain of our citizenry persist in their belief that the water resources of this nation are essentially a free good which necessitates very little, if any, governmental interference in the development or beneficial exploitation of these resources. Theirs is obviously a dream world which dangerously ignores evidence from much of our history as well as the obvious conditions of the present. The nation is confronted with too many people, and the promise of many more, making too many demands upon our existing and foreseeable supply of water to allow the perpetuation of a myth of rugged individualism. This attitude has …

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The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review May 2025

The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review

Maine Law Review

During the last decade the Maine Law Court refused to overrule two common law doctrines which effectively insulated certain tortfeasors from liability for their negligent conduct. The purpose of this comment is to determine if the public policy issues embodied in the immunity rules and the reliance interests attributed to those rules by the Law Court justified the radical departure from the court's traditional role of deciding cases properly before it.

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Argersinger And The Right To Counsel In The Military, Maine Law Review May 2025

Argersinger And The Right To Counsel In The Military, Maine Law Review

Maine Law Review

The dramatic advances made since 1965 in recognizing the right to counsel for accused indigents have steadily, albeit unevenly, extended to military courts-martial. Despite this progress, many questions remain unresolved regarding right to counsel both generally and in the military. While the right to counsel is solidified in general courts-martial, it remains precarious in special and summary courts-martial, for the right to lawyer counsel is defeasible where a military exigency is shown in the former and lawyer counsel is not yet required service-wide in the latter. The military exigency exception to full sixth amendment rights to easily degenerates into a …

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Applying Federal Antitrust Law To Banking Services—Noninterest-Bearing Mortgage Escrow Accounts, Maine Law Review May 2025

Applying Federal Antitrust Law To Banking Services—Noninterest-Bearing Mortgage Escrow Accounts, Maine Law Review

Maine Law Review

It is reasonable that lenders should require mortgage escrow accounts on high loan-to-value mortgages, for lenders are extending a significant amount of credit. Since a house is often the single most valuable purchase ever made by a family, that house is often the only asset of sufficient value to secure the loan. Therefore, the lender will want assurances that the value of the house will be maintained. Mortgage escrow accounts help provide that assurance by protecting against tax liens and accidental damage. But noninterest-bearing mortgage escrow accounts have recently come under fire from consumer advocates. The complaint is that the …

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Graduated Responsibility As An Alternative To Current Tests Of Determining Criminal Capacity, Maine Law Review May 2025

Graduated Responsibility As An Alternative To Current Tests Of Determining Criminal Capacity, Maine Law Review

Maine Law Review

When a person breaks the law, inquiry may be made into why he acted in an illegal manner and, if he satisfies the relevant test of criminal exculpation, he will be held blameless under the law. Although a range of explanations of behavior is possible, when examining criminal responsibility, the law is concerned only with those excuses which bear on moral culpability. This comment suggests an alternative to the absolutist notion that the defendant is either completely responsible or completely irresponsible for his unlawful act. It is contended that cognitive and volitive capacities exist by degrees and that a fairer, …

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A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler May 2025

A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler

Maine Law Review

The National Environmental Policy Act was born with a fanfare of rhetoric. Suddenly sensitive to the urgency of the environmental crisis, Congress passed the bill quickly, and President Nixon seized the opportunity to sign it on the first day of the new decade. During its early years, NEPA was hailed by environmental activists as nothing short of a panacea; the environmentalists were nearly unanimous in singing its praises. At the same time, industrialists warned that NEPA's provisions could stop growth and progress in their tracks. But in recent months the battle lines have begun to shift. When the subject of …

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Toward The Wired Society: Prospects, Problems, And Proposals For A National Policy On Cable Technology, Gary H. Gerlach May 2025

Toward The Wired Society: Prospects, Problems, And Proposals For A National Policy On Cable Technology, Gary H. Gerlach

Maine Law Review

The city is already encroaching on the countryside in a modest cultural sense. Today many remote New England villages receive more channels of New York City television, and receive them more clearly, than do most residents of the five boroughs of the great city. This anomaly is because of a relatively new and still evolving technology, popularly called cable television. This article primarily addresses the broad problems now confronting the American people on how to devise wise national policies that will put this technology of the new communications to its best uses for the most people. In short, how is …

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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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Constitutional Issues In Durational Party Affiliation Requirements, Maine Law Review May 2025

Constitutional Issues In Durational Party Affiliation Requirements, Maine Law Review

Maine Law Review

The recent decision of the Supreme Court declaring durational residency requirements for voting in general elections unconstitutional has raised the analogous question of the constitutionality of state-imposed durational party affiliation requirements for voting in primary elections. These requirements base a voter's eligibility to participate in a primary not solely on his affiliation with the party, but also on the additional requirement that the party affiliation has extended over a period prior to the primary. This additional requirement has recently been successfully attacked in several states as violative of the First and Fourteenth Amendments to the Constitution. However, New York's statutory …

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Vagueness And The Vermont Long-Arm Statute, Maine Law Review May 2025

Vagueness And The Vermont Long-Arm Statute, Maine Law Review

Maine Law Review

The authority of state courts to assert jurisdiction over the person of nonresidents has expanded markedly since the days of Pennoyer v. Neff. Different theories for asserting jurisdiction over individuals, as opposed to corporations, have been discarded. For jurisdictional purposes, the common law classifications of in personam, in rem and quasi in rem have been abandoned. "Minimum contacts" has become the all-embracing rationale for reviewing any assertion of jurisdiction over a nonresident defendant by a state court. But if "minimum contacts" has replaced these former concepts and served to simplify and unify the requirements of due process, it has also …

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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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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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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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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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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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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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Diamond In The Rough: Unearthing Botswana's Sources Of Political Legitimacy, Angela Gapa May 2025

Diamond In The Rough: Unearthing Botswana's Sources Of Political Legitimacy, Angela Gapa

Journal of African Policy Studies

Botswana has garnered analytic attention in the past few decades as Africa's developmental miracle. Being among the poorest countries in the world upon its independence in 1966, it catapulted itself to one of the fastest growing economies in the world for a period of four decades. What made the Botswana experience all the more outstanding, was that within the context of its company among other non-renewable natural resource dependent countries, it stood as an anomaly. This is because these resource endowed countries generally suffered or were susceptible to the "resource curse." This paper identifies legitimacy as having important value in …

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