Digital Commons Network^™

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 …

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.

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 …

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, …

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 …

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 …

Lanza V. Drexel & Company: Rule 10b-5 And The Outside Director, Maine Law Review

Maine Law Review

In Lanza v. Drexel & Company, the United States Court of Appeals for the Second Circuit, over two vigorous dissents, held that a corporate director was not liable for negligence when he neither participated in stock transfer negotiations nor had knowledge of material misrepresentations and omissions made in those negotiations. The court rejected the proposition that rule 10b-5 imposed liability on nonparticipating directors for the negligent failure to communicate material adverse information to prospective purchasers. The analysis used in Lanza raises still further questions about the implications of rule 10b-5 and its relationship to section 11 of the 1933 Securities …

Forbes V. Wells Beach Casino And The Contemporaneous Ownership Rule, Maine Law Review

Maine Law Review

Prior to the enactment of Title 13-A of the Maine Business Corporation Act in January 1972, it was unsettled in Maine law whether a stockholder suing in a derivative action had to allege ownership of stock at the time of the wrongful transaction. In Forbes v. Wells Beach Casino, Inc., initiated before Title 13-A became effective, the Maine Supreme Judicial Court handed down its initial pronouncement on the stockholder standing issue. The decision makes clear that even in those jurisdictions where contemporaneous ownership is required, the rule is not absolute. The Maine court found that there are instances in which …

Bangor And Aroostook Railroad V. Bangor Punta Operations, Inc.: The Public As A Real Party In Interest In Corporate Mismanagement Suits, Maine Law Review

Maine Law Review

For many of the nation's railroads, the early 1960's was a period of financial instability. To fund necessary capital improvements and to provide supportive financing in times of crisis, some railroads were affiliated with unrelated industries possessing superior growth rates. The railroads usually formed holding companies to own and manage the outside properties. The Bangor and Aroostook Railroad (BAR) followed this pattern when it formed Bangor and Aroostook Company (BAC) in 1960. Most of the stockholders of BAR exchanged their stock for BAC stock. Four years later, BAC was merged with another conglomerate to form Bangor Punta Corporation (Bangor Punta). …

Due Process And Supremacy As Foundations For The Adequacy Rule: The Remains Of Federalism After Wilbur V. Mullaney, Maine Law Review

Maine Law Review

Stillman E. Wilbur, Jr., was found guilty of murder by a jury in a Maine Superior Court and appealed, contending that the trial judge's instructions violated due process. In essence, the trial court instructed the jury that if it were satisfied beyond a reasonable doubt that Wilbur had committed a voluntary and intentional killing, malice aforethought was presumed, and therefore, the defendant would be guilty of murder unless he established by a preponderance of the evidence that he had killed in the heat of passion upon sudden provocation, in which case the jury could find him guilty of manslaughter. The …

Corenco V. Schiavone: The Cash Tender Offeror As Corporate Raider, Maine Law Review

Maine Law Review

The concern of both the federal and state courts in the litigation between Schiavone and Corenco was to provide adequate protection to the existing shareholders of the target company during the battle for corporate control. Viewed together, these cases illustrate the limits of federal protection and the possibility of further protection through state law. This Note analyzes the rationales of both decisions and considers whether further regulation is warranted.

Reproductive And Sexual Autonomy In Hillary Jordan’S When She Woke, U. H. Ruhina Jesmin

Journal of International Women's Studies

This paper uses the content analysis method and theory of reproductive politics to explore how state-sponsored reproductive policy criminalizes reproductive rights and erodes sexual autonomy in Hillary Jordan’s 2011 dystopian novel When She Woke. The novel depicts a future world in which abortion is criminalized and a genetic technology called “melachroming” is used by the federal government to violate the human rights of the main character, Hannah Payne. The fundamentalist interpretations of religion, coupled with political agenda and public policy, equate abortion with genocide, thus criminalizing the act and punishing women with a genetic alternation of skin color. These …

How Did Women In India Fare During The Covid-19 Pandemic? A Study Of Work-Life Balance, Bigi Thomas

Journal of International Women's Studies

The COVID-19 pandemic has significantly impacted women globally, resulting in numerous work-life balance (WLB) challenges. The intersection of paid employment and familial obligations inside the household has compelled Indian women to assume many tasks. Married women encounter heightened stress due to the specific gender roles that society imposes upon them within a patriarchal sociocultural context; these gender roles were exacerbated by the COVID-19 pandemic, hindering Indian women in their management of domestic duties and reconciliation of personal and professional disputes. The pandemic’s fusion of professional and familial domains disrupted Indian women’s transition between home and work environments, leading to indistinct …

Women’S Stories Of/In Athens, Greece: Reflections For Future Cities, Christina Marouli

Journal of International Women's Studies

In a continuously urbanizing world, developing cities that support a good and full life for women—an issue with implications for families and communities at large—should be a concern in the planning of human settlements. This is particularly important for the transition to sustainable cities, which is a priority in most contemporary societies. This study focuses on women’s everyday lives in Athens, Greece, particularly the suburb of Nea Smyrni. It builds on the stories of five women shared through in-depth interviews that were conducted between spring 2023 and winter 2024. These stories have been selected because they represent women of diverse …

Controlling Women’S Sexuality: The Rise Of Emotional Abuse Among Indian Husbands, Puranjay K. Vedi

Journal of International Women's Studies

In ancient Hindu literature, marriage is regarded as the most sacred institution while adultery—known as vyabhichāra (व्यभिचार) in Hindi—is considered one of the gravest sins. Ancient practices still have impact in 21st-century India, where internal household sanctions meant to ensure Indian wives’ chastity continue to be seen as sacred. This study describes six different types of Husband’s Controlling Behavior (HCB) that are used to preserve wives’ chastity. HCB can either take the form of emotional violence (accusing/suspecting a wife of being unfaithful) or physical violence (hitting or beating a wife out of a suspicion she is being unfaithful). This study …

Feminist Rehabilitation Counseling: Vocational Rehabilitation For Women With Disabilities In Global Contexts, Abigail O. Akande

Journal of International Women's Studies

People with disabilities are the most unemployed and underemployed minority group in the world, and women with disabilities (WWD) are further marginalized. Vocational rehabilitation (VR) is a human services discipline designed to support people with disabilities in obtaining and maintaining their employment goals. Competitive employment is a potential means for WWD to be empowered and to flourish by fostering a sense of economic security, encouraging community engagement, facilitating optimum levels of independence, contributing to the local economy, subverting the implications of poverty (e.g., limited healthcare, rehabilitation, and education access), and developing identities rooted in pride that often accompany the status …

Female Embodiment And Corporeality In Sanskrit Prognostication: A Study Of The Bṛhatpārāśarahorā Śāstra, Tara Sheemar

Journal of International Women's Studies

The connection between traditional Indian knowledge systems of astrology, medicine, and drama has been noted by scholars. Of particular concern for gender analysis is the reading of lakṣaṇas (bodily marks) that developed in astrology. The coded knowledge of astrology—the sharing of fundamental meanings with other Sanskrit knowledge systems—became a significant tool for gendered prognostication, which buttressed normative gender roles for men and women. In this paper, I attempt to unravel the code of lakṣaṇas given in the Bṛhatpārāśarahorā Śāstra, a text composed between the 7th and 9th centuries CE. The focus will be on the sections of the text …

Bama’S Sangati: A Collective Resistance To Oppression And Attitudinal Ambivalence Towards Dalit Women, Sarani Ghosal Mondal

Journal of International Women's Studies

Originally published in Tamil in 1994 and translated into English by Lakshmi Holmström in 2005, Bama’s^[1] Sangati: Events is a collection of life narratives from Dalit women of the Paraiya community in Tamilnadu, South India. Each narrative depicts an event of exploitation from the perspective of an adolescent girl, Sevathi. Her myriad questions to her grandma uncover Dalit problems in India. These agonized questions relating to injustice, caste-based discrimination, and violence mirror Dalit women’s vulnerability in Indian society. This study analyzes the narratives of strife, anger, and forced negotiation in a caste/class-ridden patriarchal society. Premised on gender-caste-class dynamics, …

Promoting Women’S Leadership In Climate Resilience: A Strategy For South Asia, Naresh Prajapati, Deepak Kumar Chauhan

Journal of International Women's Studies

South Asia is acutely vulnerable to climate change due to its heavy dependence on agriculture, forestry, and ocean resources. Women in this region are disproportionately affected by climate change due to systemic inequities. Despite these vulnerabilities, women possess critical ecological knowledge and leadership potential that can transform climate resilience efforts. However, their participation in climate governance remains significantly constrained by entrenched digital exclusion, tokenistic political representation, inequitable land ownership policies, and the invisibility of women’s unpaid labour in climate adaptation. This study highlights current constraints on women’s participation and the future potential of women leaders to shape inclusive and effective …

Gender Equity As Partnership In The Religious Training Of Christian Leaders In Africa, Marilyn Naidoo

Journal of International Women's Studies

Religion has shaped society’s patriarchal attitudes and related sociocultural values and norms. Religious and theological institutions should be held accountable for tackling gender injustice and discrimination as trained religious leaders are key players in fostering social change. Scholar-activist Mercy Oduyoye, known as the mother of African women’s theology, advocates for gender transformation that engages both men and women in the struggle. Through a literary analysis, this article expands on the idea of shared responsibility and the need to engage men as allies in gender transformation. It integrates a range of theoretical perspectives, including feminist theology and gender studies theory, providing …

Rewriting Histories: The Experiences Of Pioneering Egyptian Women Architects In The Socio-Political Context Of The Nasser Era, Mai M. Aboul-Dahab, Yasser M. Moustafa, Yasser M. Mansour

Journal of International Women's Studies

The history of modern architecture has particularly emphasized the roles of male architects with little mention of women architects. Since women’s contributions have often been overlooked, feminist scholars worldwide have aimed to showcase women’s history in the architectural profession over the past several years. However, there is still a lack of scholarship on the historical experiences and contributions of women architects in the Middle East, particularly Egypt. This research aims to address this gap in historiography by focusing on the first women architects in Egypt during the Nasser era. As such, the study utilizes archival sources and examines various architecture …

‘I Don’T Know Which Fire To Put Out’: Exploring The Lived Experiences Of First Year Teachers In Title I Schools, Crystal P. Glover, Erin Hamel, Koti Hubbard

Journal of Organizational & Educational Leadership

For many early childhood and elementary educators, the early years of their professional career can prove to be the most challenging. Not surprisingly, approximately 30% of teachers leave the classroom within the first five years (Sutcher, Darling-Hammond & Carver-Thomas, 2019). That rate is even higher (~50%) for teachers in Title I schools (Miller, 2018). Despite a plethora of research regarding the causes of teacher attrition, very little has been done to specifically investigate the experiences of beginning teachers in Title I schools. This study seeks to identify and document the factors that positively and negatively affect those experiences.

The Reality Of Restorative: The Impact On Discipline Disparities In A Large Urban School District, Eboni Williams, Karen H. Larwin Phd

Journal of Organizational & Educational Leadership

Disparities in exclusionary discipline rates persist for African American students, who often receive harsher punishments than their White peers, especially for subjective offenses. Implicit bias contributes to perceptions of African American children as older, less innocent, and more deserving of severe discipline (Gilliam et al., 2016; Lewis & Diamond, 2015; Welsh & Little, 2018). Excessive discipline correlates with negative long-term outcomes, including higher dropout rates and incarceration (Skiba et al., 2014). This study evaluates the impact of restorative justice in reducing these disparities in a large urban district. While general linear modeling indicated significant suspension rate changes for grades 9-12 …

The Ecology Of Practices: Perspectives Of Female Principals Leading Rural Schools In Zimbabwe, Precious Guramatunhu Mudiwa

Journal of Organizational & Educational Leadership

This study aimed to explore the lived experiences of five female principals leading rural schools in Zimbabwe. Using a qualitative approach through face-to-face interviews and employing the ecology of practices framework (Stengers, 2005) to address environmental challenges in rural schools, the findings illustrate the multidimensional challenges faced by female school leaders in rural settings, that include infrastructural deficiencies, chronic academic underperformance, poor teacher working conditions, absenteeism, funding shortages, and gender bias. Despite these difficulties, principals demonstrated resilience through strategic leadership, community collaboration, and faith-based coping mechanisms. These insights contribute to a broader understanding of the intersection of gender and educational …

Beyond The Ivy League: Stopping The Spread Of Antisemitism On American Campuses: Hearing Before The H. Comm. On Educ. & The Workforce, 119th Cong., May 7, 2025 (Statement Of David D. Cole), David Cole

Testimony Before Congress

In this testimony, submitted to the House Committee on Education and the Workforce for a hearing on antisemitism on campus, I sought to offer a legal framework for considering antisemitic speech on campus. The testimony cautions against equating criticism of Israel with antisemitism. But more importantly, it notes that even where speech is actually antisemitic, it is generally protected by the First Amendment (and therefore also protected by private university policies that protect free speech on campus). Title VI of the Civil Rights Act does not prohibit antisemitic speech, even virulently antisemitic speech. It prohibits discrimination on the basis of …

In Re: Mte Holdings Llc

2025 Decisions

USDC for the District of Delaware

Jasminder Singh V. Alejandro Mayorkas

2025 Decisions

USDC for the District of New Jersey

‘Casar Public Lecture: 100 Days Of Trump: America, The Middle East, And Beyond’, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

The entire world is literally getting new updates about Trump's internal & external policies almost everyday now....can you imagine that we are still yet to reach 100 days?? USAID cuts, Chinese and Canadian Tariffs, DEI revokes, Gaza War, Ukraine War, the case of Iran, National Economic Emergency in the US, ICE arrests in the US & so much more to discuss.....Trump's policies impact the US as well as everywhere in the world, but what are the repercussions so far?

Speakers: From AUC: Dr. Sean Lee, Assistant Professor, Political Science Department - Amb. Dr.Alaa El-Hadidi , CASAR Adjunct Professor.

The panel …

Thomas Smith V. Northern Cambria Police

2025 Decisions

USDC for the Western District of Pennsylvania

Nardino Colotti V. Colette Peters

2025 Decisions

USDC for the Western District of Pennsylvania