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Rule 80b And Nonstatutory Judicial Review Of Administrative Action In Maine, Richard A. Langley

Maine Law Review

The 1967 amendments to rules 80B and 81 of the Maine Rules of Civil Procedure (MRCP) constitute significant and potentially far-reaching changes in judicial review of administrative action in Maine. Prior to 1959, nonstatutory judicial review of administrative action in Maine was available only by extraordinary writ. An alternate means of securing judicial review was provided by the original rule 80B of the MRCP adopted in 1959, but because of an apparent overlap of those two procedures, 80B was amended in 1967. That amendment made rule 80B the sole means of obtaining nonstatutory review of all governmental action and a …

The Law Of The Land: Development Legislation In Maine And Vermont, J. Jackson Walter

Maine Law Review

In recent Maine and Vermont environmental protection legislation, desecration of the landscape has emerged as an issue as controversial as pollution of water and air. Traditional techniques of land use regulation operate locally, some say parochially, without any regular regard for Earth Day or statehouse politics or even administrative fair play. The trend in northern New England to adopt state-level standards totally changes the business of land development. And statewide rules are not the end; national land use standards are imminent. A report by the President's Council of Environmental Quality recommends federal controls within areas of critical environmental concern, such …

Security Ins. Group V. Emery: A Step Backward For Interest Analysis In Maine, William F. Julavits

Maine Law Review

Security Insurance Group, the Connecticut insurer, sought declaratory relief' alleging that failure by its insured to furnish timely notice of the accident as prescribed by the policy precluded its liability. The insured contended that Maine's notice statute was applicable, requiring only that the insurer receive notice of the action before judgment, and that this requirement was satisfied. Alternatively, the insured contended that even if the Connecticut notice term were held applicable, since there was no contact between the two cars, it was his belief that he was not at fault and thus had no reason to notify his carrier of …

A State Approach To Effluent Charge, Orlando E. Delogu

Maine Law Review

Although the concept of effluent charge as a means of dealing with water pollution has been widely discussed in this country for more than a decade and widely used with documented success in parts of Europe for over fifty years, there is a surprising lack of specific material on methods of implementation. We are, after all, a complex society with overlaying levels of government and close working relationships between the public and private sectors of the economy. Furthermore, the statutory, constitutional, and institutional framework of the federal government and that of each state government are different in varying degree from …

Tax Trends, Nicholas J. Fiore

Tax Adviser

No abstract provided.

How To Qualify For The Political Contributions Credit Sec., John H. Wilguess

Tax Adviser

No abstract provided.

Tax Clinic, Robert M. Rosen

Tax Adviser

No abstract provided.

Dra Provisions Affecting Estate Planning, Dennis R. Lassila

Tax Adviser

No abstract provided.

The Role Of Regional Integration Organizations On Energy Transition And Sustainable Development In Africa, Neba Ridley Ngwa

Journal of African Policy Studies

The Paris Agreement represents a pivotal milestone in multilateral efforts to combat climate change and facilitate energy transition globally. As a comprehensive international legal framework, it outlines commitments for nations to reduce greenhouse gas emissions and enhance resilience to climate impacts. This research examines the key role of regional and sub-regional integration organizations in facilitating energy transition and promoting sustainable development across Africa. As the continent grapples with the dual challenges of energy crisis and climate change, the African Union and its specialised agencies have emerged as key players in enhancing energy cooperation among member states. Though previous scholars have …

Social Movements And Democratization In Nigeria Since 1999: The Search For Good Governance And Justice, Kwame Adum-Kyeremeh, Danladi Abah

Journal of African Policy Studies

What factors account for the surge in social movements in Nigeria and what are the implications for democratization? Who have been the actors and what internal and external dynamics are reconfiguring the materiality of social movements? How is the state responding to the dramatic fluidity and frequency in movements? And what strategies have civil societies used to harness the potentials in social movements for sustainable democratization? Through a political economy approach, oral interviews with NGO leaders, leaders of human rights and pro-democracy activists, interviews with some citizens, and use of journals, newspapers, magazines and reports, this study interrogates and documents …

Les Archives Au Cameroun Dans Les Politiques Publiques De Développement: Des Plans Quinquennaux A La Stratégie Nationale De Développement Snd 2020–2030, Esther Olembe

Journal of African Policy Studies

Cet article examine la place des archives dans le contenu des documents de politiques publiques de développements au Cameroun, depuis les plans quinquennaux d’aprèsindépendance jusqu’à la Stratégie Nationale de Développement 2020–2030 (SND2020–2030). Après l’accession aux indépendances, les pays africains ont cherché à formuler des politiques endogènes de développement, souvent sous l’influence des modèles de coopérations internationales. Le rôle des archives dans ces processus de développement est paradoxalement resté relativement marginal, bien que crucial pour la continuité et la transparence des actions publiques, comme le démontre la revue de la littérature étudiée. L’article met en lumière la difficile intégration des systèmes …

Leading Schools In The Midst Of Covid-19: Experiences Of Basic School Leaders Of The Komenda Edina Eguafo Abrem District Of The Central Region Of Ghana, Corinne Brion

Journal of African Policy Studies

This qualitative study uses a phenomenological approach to understand the experiences of thirteen Ghanaian head-teachers in suburban and rural areas of the Komenda Edina Eguafo Abrem district during the COVID-19 pandemic. Our findings revealed that these leaders faced numerous challenges related to pivoting to remote learning for the first time combined with the lack of access to technology. Other challenges pertained to the absence of infrastructure and resources such as books. Despite these challenges, these Ghanaian head-teachers were able to adapt to the crisis and alter their leadership style to educate the children they served. Currently, there is a limited …

Archives In Cameroon In Public Development Policies: From Five-Year Plans To The National Development Strategy 2020–2030, Esther Olembe

Journal of African Policy Studies

This article examines the role of archives in Cameroon’s public development policies, from post-independence five-year plans to the National Development Strategy 2020–2030 (SND2020–2030). After gaining independence, African countries sought to formulate endogenous development policies, often influenced by international cooperation models. However, archives have paradoxically remained relatively marginal in these development processes, despite being crucial for continuity and transparency in public actions, as demonstrated in the reviewed literature. The article highlights the challenges of integrating archive management systems into development strategies, despite being essential for the planning, management, and evaluation of public policies. It also analyzes current archiving policies and proposes …

Atoms For Agency: How Argentina’S Pursuit Of Nuclear Power Plants Represents International Legitimacy And Autonomy, 1951-1978., Jacob R. Gressin

Binghamton University Undergraduate Journal

Since 1949 Argentina has developed nuclear power plants (NPPs), overcoming political instability and financial barriers, to eventually succeed in the activation of Latin America’s first nuclear power plant, Atucha-1, in 1974. However, given the ample means of electrical production though fossil fuels and hydroelectric power, NPPs in Argentina present a paradoxical means of electrical production. This paper analyzes the history of Argentina’s nuclear power program, from 1951-1978, in order to offer a more holistic understanding of why NPPs were developed. I argue that nuclear power in Argentina was motivated not by a desire for electrical generation or to manufacture …

Women And Men In The Media, Margaret Gallagher

Communication Research Trends

Since the time of Adam and eve no theme has held the attention of storytellers and their audiences more consistently than that of sexuality and the relationship between the sexes. It is multifaceted, ever-changing, and so deeply involves everyone emotionally that few other subjects present such a challenge to sociological analysis. All would have to admit, however, that the past century has seen unprecedented changes in the role and status of women in relation to men. The mass media have played their own part in this evolution, creating images which have helped to delineate and define its shifting currents.

This …

The Tax Adviser, Volume 16, Number 7, July 1985, American Institute Of Certified Public Accountants

Tax Adviser

No abstract provided.

Tax Trends, Nicholas J. Fiore

Tax Adviser

No abstract provided.

Washington Report: Tax Treatment Of Corporate Nol And Other Tax Attribute Carryovers In Acquisitions, Kenneth F. Thomas, Carol B. Ferguson

Tax Adviser

No abstract provided.

Home Office Deduction: Recent Cases May Offer New Planning Strategies, Consuelo Lauda Kertz, Al L. Hartgraves

Tax Adviser

No abstract provided.

Tax Clinic, Leon M. Nad

Tax Adviser

No abstract provided.

Sec. 467 Rental Agreements: Lessors And Lessees Must Watch Their Step, Philip J. Wiesner, Donald J. Massoglia

Tax Adviser

No abstract provided.

The Tax Adviser, Volume 16, Number 6, June 1985, American Institute Of Certified Public Accountants

Tax Adviser

No abstract provided.

Tax Trends, Nicholas J. Fiore

Tax Adviser

No abstract provided.

Stewart V. Smith: A Misapplication Of North Carolina V. Pearce, Alton C. Stevens

Maine Law Review

Gordon Stewart was convicted of a felony and sentenced to fifteen to nineteen months in the house of correction and a $2,000 fine, or an additional 2,000 days in lieu thereof. Since he was indigent this represented a total sentence of approximately seven years. Upon petition to the Windsor County Court this original sentence was set aside as being in excess of the twenty-four month statutory maximum. Resentencing was ordered and a different judge sentenced respondent anew to a term of twenty-three to twenty-four months in the state prison with appropriate credit given for time already served. On appeal to …

In Re Adoption Of E: First Amendment Rights And Religious Inquiry In Adoption Proceedings, Francis J. Scanlon

Maine Law Review

The New Jersey Supreme Court decision, In re Adoption of E, represents an effort to define what considerations are to be given the religious beliefs of prospective adoptive couples in the screening process of the adoption courts. The majority opinion is emphatic in spelling out what courts cannot do. In overruling the lower court's decision, it was held that the first amendment prohibits the denial of a couple’s adoption request solely because the court disapproves of their religious beliefs. Though holding that a couple's religion cannot be a controlling factor in an adoption denial, the court did not see religion …

The Rights Of The Person Acquitted By Reason Of Insanity: Equal Protection And Due Process, Anne B. Poulin

Maine Law Review

In response to the Maine Supreme Judicial Court's decision in State v. Shackford a commentator suggested that the Maine automatic commitment statute be attacked as denying equal protection of the laws to those individuals acquitted by reason of mental disease or defect. Such an attack was made in the case of Chase v. Kearns, but without the predicted success. In Chase the court failed to come to grips with the crucial issues presented despite careful effort by both counsel to focus on the constitutional problems. The court side-stepped the difficult constitutional issues raised, upholding the statute but failing to provide …

Nonstatutory Judicial Review Of Federal Agency Action: A New Approach To Sovereign Immunity, William P. Hardy

Maine Law Review

In deciding whether to review administrative agency action, an astute court seeks to maintain a delicate balance between over-interference with administration of legislatively created programs and denial of plaintiff's rights. This balancing process historically has been hindered by federal courts treating the doctrine of sovereign immunity as a jurisdictional bar to unconsented suits against the United States Government. Regardless of the validity of a plaintiff's grievance and in spite of the relative infrequency of such suits, the courts adhering to this traditional approach mechanically dismiss such actions solely because they seek relief against the sovereign. A few federal courts have …

Enforcement Of Money Judgments And Divorce Decrees In Maine, S. Peter Mills

Maine Law Review

Until recently divorce decrees in Maine were frequently enforced by capias execution, a remedy at law by which the wife or her attorney could jail the ex-husband for failure to pay money overdue in alimony, support or litigation costs. Most states use contempt proceedings whenever imprisonment is deemed an appropriate sanction in a divorce action, but in Maine a capias execution gave the aggrieved party advantages not available in a contempt petition. First, even though issuance of the capias was a matter for the court's discretion, there was no requirement either in statute or in common law that the court …

Maine's Public Labor Law, Ronald D. Russell

Maine Law Review

The latter half of the last decade saw a rapid increase in activity on the part of labor organizations formed by public employees in Maine. This activity received an impetus from an opinion of the Attorney General and from a Legislative Research Committee Report based on the Labor Relations Act of 1941. Through different methods of reasoning both documents concluded that public employees had the right to form labor organizations, but neither document defined the relationship between these employees and their public employer. Although the activity of these organizations was evidenced by the formation of agreements with municipalities and by …

Conflict Of Laws And The Disposition Of Decedents' Movables, David Plimpton

Maine Law Review

Improved travel and communication, a larger, more fluid population and the resulting increase in the number of persons owning property in more than one state have led to a marked increase in conflict of laws situations and also have dramatized the need for their solution. However, it is also true that the degree to which potential conflicts problems exist is a function of the extent to which the law differs between states, not only differences in substantive law but also differences with respect to choice-of-law rules formulated to deal with conflicts between substantive law. One widely accepted choice-of-law principle has …