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Proof Of Defect In A Strict Products Liability Case, Robert F. Hanson May 2025

Proof Of Defect In A Strict Products Liability Case, Robert F. Hanson

Maine Law Review

The realization that negligence doctrines do not provide an adequate remedy for consumers injured by defective products has led many courts to adopt theories of strict liability. Justification for the strict liability doctrine rests on the judicial belief that the law should provide maximum protection for the health and safety of all consumers, and that the manufacturer is "conditionally at fault" if he does not compensate consumers injured by his defective products. Manufacturers are not held liable for all product-related harm to consumers. To recover the plaintiff must plead and prove that the product which caused the harm was defective …

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Right To Jury Trial: Lemieux V. Robbins, Stephen R. Sunenblick May 2025

Right To Jury Trial: Lemieux V. Robbins, Stephen R. Sunenblick

Maine Law Review

A sagacious English liveryman named Tobias Hobson allowed each customer to choose the horse nearest the door, thereby presenting these customers with no real alternative. The State of Maine made a like proposition in Lemieux v. Robbins by implementing a novel criminal procedure whereby a defendant has a "choice" of either accepting his district court misdemeanor conviction as final, or appealing for a de novo trial by jury in superior court and possibly being convicted of a felony for contravening the same statute under which he was originally charged. The implementation of this procedure began with a complaint filed in …

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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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Procedural Rights Of The Military Accused: Advantages Over A Civilian Defendant, Homer E. Moyer Jr. May 2025

Procedural Rights Of The Military Accused: Advantages Over A Civilian Defendant, Homer E. Moyer Jr.

Maine Law Review

The Supreme Court recently decided in O'Callahan v. Parker that the military lacks jurisdiction to try servicemen for crimes that are not "service-connected." Justice Douglas, in rendering the majority opinion, was highly critical of military justice and criminal procedures in the court-martial system, which he characterized as "a system of specialized military courts, proceeding by practices different from those obtaining in the regular courts and in general less favorable to defendants . . . . .” The opinion further added that "courts-martial as an institution are singularly inept in dealing with the nice subtleties of constitutional law . . . …

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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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Bureaucracy Brawl: A Statutory Standoff Between Pennsylvania's Office Of Attorney General And Department Of Revenue: A Survey Of Synthes Usa Hq, Inc. V. Commonwealth, Nicholas D. Grimes May 2025

Bureaucracy Brawl: A Statutory Standoff Between Pennsylvania's Office Of Attorney General And Department Of Revenue: A Survey Of Synthes Usa Hq, Inc. V. Commonwealth, Nicholas D. Grimes

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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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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Wallace V. Coca-Cola Bottling Plants, Inc.: Defective Products, Expanded Liability, And The Demise Of The Impact Rule, Robert A. Whidden May 2025

Wallace V. Coca-Cola Bottling Plants, Inc.: Defective Products, Expanded Liability, And The Demise Of The Impact Rule, Robert A. Whidden

Maine Law Review

During the last decade there has been a rapid change in the theories of recovery in cases involving defective products. A majority of jurisdictions has adopted strict products liability as a tort. Others still employ implied warranty, a device, apparently tort, borrowed from contract law. A minority still holds that a plaintiff must prove his claim in negligence. In a recent decision, Wallace v. Coca-Cola Bottling Plants, Inc., the Maine Supreme Judicial Court addressed the question of the extent of a manufacturer's liability for a defective product and the nature of the proof necessary to show a compensable injury. This …

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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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Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy May 2025

Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy

Maine Law Review

Theodore Bernier was adjudicated a juvenile offender in September, 1966, and was subsequently committed to the Boys Training Center (BTC) for the term of his minority. In February, 1968, he was released on entrustment to his parents. Almost a year and a half later, Bernier was questioned by local police regarding his possible involvement in the theft of greenstamps from a local store. Although he was released without the police taking further action, they notified an aftercare and placement worker assigned to the BTC of the questioning. As a result, the BTC revoked the entrustment, and the police took him …

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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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De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler May 2025

De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler

Maine Law Review

The Maine judicial system has two levels of criminal courts, the superior court having exclusive trial jurisdiction over felony prosecutions and the district court operating with concurrent trial jurisdiction for misdemeanors. The district court also processes the preliminary phases of felony cases; included in this function are bail hearings, initial appearances (arraignments), and preliminary hearings. To provide jury trials in misdemeanor prosecutions state law permits all district court convictions to be appealed to the superior court for trial de novo to a jury. The accepted reason for unlimited de novo trials is that the state constitution requires a jury in …

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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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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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