Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 33301 - 33330 of 1183688

Full-Text Articles in Entire DC Network

Pierce And Arlana Hasler, Edward S. Godfrey Iii May 2025

Pierce And Arlana Hasler, Edward S. Godfrey Iii

Maine Law Review

Pierce Barnard Hasler, professor of law at the University of Maine School of Law, and his wife, Arlana Kogut Hasler, an engineer with International Business Machines Corporation in Portland, were killed in a plane crash in Juneau, on September 4, 1971, as they were returning to Maine from a hunting trip in northern Alaska. Their colleagues, Pierce's students at the law school, their many friends and, of course, their families have found the loss of those two fine young persons even yet almost insupportable.

Go to article

Index Of Authors, Maine Law Review May 2025

Index Of Authors, Maine Law Review

Maine Law Review

Cumulative Index of Maine Law Review, Volumes 14-24, by Author

Go to article

Maine's Coastal Conveyance Of Oil Act: Jurisdictional Consideration, Maine Law Review May 2025

Maine's Coastal Conveyance Of Oil Act: Jurisdictional Consideration, Maine Law Review

Maine Law Review

Maine's Coastal Conveyance of Oil Act is the most comprehensive oil discharge control law in the United States. Such broad regulatory legislation inevitably raises questions of constitutionality and, as expected, the oil industry has brought a challenge to the Maine statute. In American Oil Co. et al. v. Environmental Improvement Commission, a declaratory judgment action, the Maine act has been alleged to violate the commerce, due process, equal protection and admiralty clauses of the United States Constitution. Although each allegation of constitutional conflict raises substantial problems, the most troublesome attack is that based upon the admiralty clause. Here the basic …

Go to article

Cumulative Index (1962-1972), Maine Law Review May 2025

Cumulative Index (1962-1972), Maine Law Review

Maine Law Review

Cumulative Index of Maine Law Review, Volumes 14-24, by Subject Matter

Go to article

Contract Zoning: A Flexible Technique For Protecting Maine Municipalities, Maine Law Review May 2025

Contract Zoning: A Flexible Technique For Protecting Maine Municipalities, Maine Law Review

Maine Law Review

Since the constitutionality of comprehensive zoning plans was upheld by the 1926 United States Supreme Court decision in Euclid v. Ambler Realty, municipal zoning has become an acceptable, indeed a necessary, fact of life. Maine, as well as most states, has enacted zoning enabling legislation pursuant to which many Maine municipalities have adopted zoning ordinances. The standard zoning approach which has evolved since Euclid has been based largely on the concept of uniform gridiron districts which conform to a legislatively preconceived comprehensive plan intended to assist municipalities in maintaining an orderly growth. These comprehensive plans, however, frequently have become a …

Go to article

Preliminary Questions Of Fact: Respective Roles Of Judge And Jury In Maine Courts, Maine Law Review May 2025

Preliminary Questions Of Fact: Respective Roles Of Judge And Jury In Maine Courts, Maine Law Review

Maine Law Review

Virtually indisputable in the law is the notion that the trial judge determines questions of admissibility of evidence. However, when admissibility depends upon the evaluation of a preliminary question of fact, both courts and commentators disagree as to whether the judge should continue to occupy the role of sole decision-maker. The intertwining of fact, the preliminary condition, and law, the admissibility decision, raises some havoc with accepted views of the judge as arbiter of the law and the jury as fact finder. If the judge determines both questions, he is resolving not only legal, but also factual issues traditionally within …

Go to article

Comparative Negligence And Comparative Contribution In Maine: The Need For Guidelines, Maine Law Review May 2025

Comparative Negligence And Comparative Contribution In Maine: The Need For Guidelines, Maine Law Review

Maine Law Review

In the recent case of Packard v. Whitten, Maine became the second state to adopt the doctrine of comparative contribution among joint tortfeasors. The decision stressed the point that comparative contribution was merely a logical outgrowth of Maine's Comparative Negligence Statute and that, in particular, the 1969 amendment to that law "would appear to have little purpose except to lay the basis for a comparative contribution." The court concluded that the implementation of this new doctrine would pose no major problems: "More than five years' experience in apportioning causal fault under our Comparative Negligence Law convinces us that this change …

Go to article

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 …

Go to article

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 …

Go to article

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.

Go to article

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 …

Go to article

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 …

Go to article

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, …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

Volume 4 Complete Issue, James W. Gallagher May 2025

Volume 4 Complete Issue, James W. Gallagher

The Geographical Bulletin

Volume 4 Complete Issue

Go to article

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 …

Go to article

Volume 3 Complete Issue, James W. Gallagher May 2025

Volume 3 Complete Issue, James W. Gallagher

The Geographical Bulletin

Volume 3 Complete Issue

Go to article

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 …

Go to article

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.'

Go to article

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 …

Go to article

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 …

Go to article

First Prev Next Last