Digital Commons Network^™

The Prima Facie Case Approach To Employment Discrimination, Joanne F. Cole

Maine Law Review

Employment discrimination litigation has increased dramatically during the past decade. Under Title VII of the Civil Rights Act of 1964—Congress' sweeping prohibition of discrimination in employment decisions on the basis of race, color, religion, sex, or national origin –older federal civil rights statutes and state counterparts to Title VII, courts have developed discrete, cognizable theories of discrimination. An analytical framework has also developed by which to evaluate the facts, innuendoes, and statistics that constitute the claims and defenses in a discrimination case. Within the generally accepted approach to the evidence, however, there is no consensus about the weight each element …

Perspectives On Older Workers: Maine's Prohibition Of Mandatory Retirement, Susan Dana Kertzer

Maine Law Review

The 1978 Amendments to the federal Age Discrimination in Employment Act (ADEA), which generally prohibit mandatory retirement before the age of seventy, have been criticized as proposing to "extend freedom of choice by restricting freedom of contract. Despite such criticisms and other less philosophical objections to the Act, the 108th Maine Legislature in 1977 passed the first part of a legislative program which, as of January 1, 1980, prohibits all mandatory retirement in Maine, in both the public and private sectors. Emphasizing the parallels between age discrimination legislation and other civil rights legislation, one of the bill's senate supporters acknowledged …

Coastal Recreation: Legal Methods For Securing Public Rights In The Seashore, Jeffrey D. Curtis

Maine Law Review

The coastal shores of the United States are a peculiar form of property in that both the littoral landowner and the general public have legally protected interests in the use and enjoyment of the land. In most coastal states the title to the land below the high-water mark is vested in the state in trust for the beneficial use of the public, subject to certain limited rights of the littoral owner. Maine and Massachusetts, however, share a unique allocation of public and private interests which vests the title to the foreshore, the land between the high and low water marks, …

The Incremental Development Of An Extra-Statutory System Of Regulation: A Critique Of Food And Drug Administration Regulation Of Added Poisonous And Deleterious Substances, James David Poliquin

Maine Law Review

Federal regulation of added poisonous and deleterious substances in food by the Food and Drug Administration has become an administrative quagmire. Although responsibility for this situation evades precise assignment, FDA regulatory problems typically arise through the operation of three factors. First, the applicable statutory provisions are highly ambiguous, far exceeding the level of ambiguity traditionally viewed as necessary to administrative flexibility and efficiency. Even resort to the legislative history of these provisions often leaves many questions unanswered. Second, the perpetual amendment of the original Federal Food, Drug, and Cosmetic Act without the simultaneous repeal of all the inapplicable and inconsistent …

The Dilemma Of Local Land Use Control: Power Without Responsibility, Orlando E. Delogu

Maine Law Review

Land use planning and control has traditionally been perceived as a set of issues best dealt with by local government. State governments historically have been called upon to provide nothing more than a suitable framework of planning and land use control enabling legislation. In recent years some states have sought to address land use issues having regional or statewide impact. This has usually been done on an intra-state basis, however, and meaningful interstate or multi-state approaches to land use problems, though much discussed in the literature, are almost non-existent in practice. Federal involvement in land use issues has also been …

Mental Abnormality In The Maine Criminal Code: Section 58 (1-A), Susan E. Peck

Maine Law Review

The law surrounding the insanity defense has always been complex and problematic. Since the promulgation of the M'Naghten test in 1843, courts and legislators have attempted to articulate a clear and easily understood definition of insanity. Legal scholars have created an overwhelming volume of literature on such important aspects of the defense as the role of psychiatrists in a jury trial, the appropriateness of the diminished capacity defense, and the constitutionality of imposing the burden of proving insanity on the defendant. Even the necessity of retaining the defense has been questioned. The Maine Supreme Judicial Court has recently confronted a …

Use Of Online Information Resources And Academic Staff Research Productivity In Public Universities In Ogun State, Dorcas Adebisi Rahman Mrs

Library Philosophy and Practice (e-journal)

The research productivity of academic staff measures their status in the academic world. As a result this study investigated use of online information resources and academic staff research productivity. A survey research design was used, in which the population consist of academic staff in public universities in Ogun State. Proportionate random sampling technique was used to select 158 respondents that represented the sample size. SPSS was used for data analyses, using percentage, means and standard deviations. The study revealed that the respondents use online journals for article writing ( =3.56; std dev. =0.626); online databases for searching for articles ( …

Women Judges And Wikipedia, Sally Kenney

ConLawNOW

Although many academics may openly discourage their students from consulting it, Wikipedia is the go-to first port-of-call for information for scholarly research, journalists, and even judges. Its info boxes are the source for Google and artificial intelligence in general. Wikipedia is the largest and most widely used encyclopedia in history. Just as feminist scholars have broken into mainstream journals and gained a toehold within university presses, these sources have become increasingly irrelevant and unavailable behind paywalls. Instead, Wikipedia has emerged as the standard research source, but it presents significant barriers to entry for feminist scholars and subjects of women, feminism, …

Landon Brady Saunders Papers, 1945-2023, Landon Brady Saunders

Center for Restoration Studies Archives, Manuscripts and Personal Papers Finding Aids

No abstract provided.

Gnsi Decision Brief: The United States Military Recruiting Crisis, Guido Rossi

GNSI Decision Briefs

Recent news stories reported that the U.S. military is currently experiencing an unprecedented recruiting crisis. In fact, between 2022-2023, the U.S. armed forces (the Army in particular) failed to meet their numbers by a large margin: against goals of 232,021 accessions for 2022 and 244,533 for 2023, the branches collectively missed their targets by 40,369 and 41,336 accessions respectively. Even though the branches proved able to meet their recruitment goals – although barely – in fiscal year 2024, concerns continue to linger.

Although military recruitment is usually not a significant issue for voters, it became a central promise for the …

Reproductive Governance In China: National Policies, Human Rights, And Accountability Under International Law, Victoria Xuan Wang

Northwestern Journal of Human Rights

China’s reproductive policies, including the One-Child, Two-Child, and Three-Child Policies, have been widely criticized for violating women’s reproductive rights through coercive enforcement measures such as forced abortion, sterilization, and employment discrimination. This Article argues that these policies violate international human rights law, particularly the right to freely determine the number and spacing of children as protected under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Despite international scrutiny, China has largely resisted direct responses to criticisms from treaty-based and charter-based human rights monitoring bodies, including the CEDAW Committee, the Universal Periodic Review and Special Procedures …

Reframing Information Seeking In The Age Of Generative Ai: A Critical And Humanistic Approach, Joseph Kevin Sebastian

Library Faculty Research

Information-seeking has long been the subject of theoretical modeling, often drawing from cognitive, behavioral, computational, and even evolutionary perspectives to explain how individuals navigate, filter, and utilize information. Several dominant frameworks—Carol Kuhlthau’s Information Search Process, Marcia Bates’ Berrypicking Model, Peter Pirolli & Stuart Card’s Information Foraging Theory, Kiyohiko Nakamura’s Information Criteria framework, and Ian Ruthven’s Information Shaping Theory —have provided structured ways of understanding how people interact with information environments. However, while these frameworks offer valuable insights, they often operate within mechanistic or efficiency-driven paradigms, which risk overlooking the complex, embodied, and socioculturally situated nature of human information behaviors. These …

The Enduring Genocide Against The Yazidis: How Iraq's Law On Religious Identity Violates The Human Rights Of Yazidi Survivors Of Isis Captivity And Their Children Born Of Sexual Violence, Michelle Xiao Liu

Northwestern Journal of Human Rights

2024 marked the ten-year anniversary of the Islamic State of Iraq and Syria (ISIS) genocide against the Yazidis—an ethnoreligious minority community indigenous to northwest Iraq. Beginning in August 2014, ISIS executed between 3,000 and 5,000 Yazidi men and elderly Yazidi women and buried them in mass graves, kidnapped and converted young Yazidi boys to a radical form of Sunni Islam and pressed them into military service, and captured or trafficked over 6,800 Yazidi women and children, subjecting many of them to sexual violence. ISIS carried out its intent to eradicate the Yazidis through systematic murder, forced conversion, and sexual violence …

Jalina Fluellen V. David Krasn

2025 Decisions

USDC for the Eastern District of Pennsylvania

Usa V. Brian Foster

2025 Decisions

USDC for the Middle District of Pennsylvania

Beware Of The Dangers Of The State-Created Danger Doctrine: A Look At The Ninth Circuit's Approach, Julia Steiner

University of Miami Law Review

The Fourteenth Amendment applies to state, not private, actors. It, like the whole of our Constitution, operates as a negative restraint on government. The Due Process Clause thus forbids states from taking certain action—but it does not and cannot compel the state to act ab initio. These core concepts formed the basis of the Supreme Court’s decision in DeShaney v. Winnebago County, where the Court reaffirmed that the only instance where the state assumes an affirmative duty to provide safety and security is when the state itself restrains an individual from protecting themselves.

Yet, since DeShaney, the circuit …

Commonwealth Times 2025-04-02

Commonwealth Times, 1969-

No abstract provided.

Uc Transcript 2025-04-02, Northern Illinois University

University Council Archives

No abstract provided.

Michele Cornelius V. Cvs Pharmacy Inc

2025 Decisions

USDC for the District of New Jersey

Roy Moses V. District Attorney Philadelphia

2025 Decisions

USDC for the Eastern District of Pennsylvania

Solomon Carter V. Wetzel

2025 Decisions

USDC for the Western District of Pennsylvania

Usa V. Deamonte Law

2025 Decisions

USDC for the Western District of Pennsylvania

Attallah Brightwell V. New Jersey Department Of Children And Famlies And

2025 Decisions

USDC for the District of New Jersey

Corruption And Foreign Influence: A Cross-National Analysis Of Environmental Violence, Jamilah D. Christiansen

USF Tampa Graduate Theses and Dissertations

World systems theory argues that wealthier nations exploit less developed nations, exerting their power and influence to take advantage of resources, often with little pushback. However, there is an ever-growing number of conflicts organized by citizens and activists alike that seek to push-back against the exploitation of their homes and labor, working to resist the political corruption and foreign manipulation within their governments. This dissertation examines the factors that contribute to the rise in environmentally-related conflicts, the impacts of those conflicts, and finally the resolutions of those conflicts using data that includes 1370 instances of conflict across 101 nations from …

Assessing Alaska's Top-4 Primary And Ranked Choice Voting Electoral Reform: More Moderate Winners, More Moderate Policy, Glenn Wright, Benjamin Reilly, David Lublin

Faculty, Staff, and Students

In recent years, ranked choice voting (RCV) has emerged as a leading electoral reform, often in combination with moves to open up primaries in order to increase voter choice and select more widely-supported representatives. Both nonpartisan primaries and RCV general elections have attracted advocacy from those seeking solutions to democratic malaise and polarization, and been introduced in different forms in several states. Despite this, only one legislature across the country has ever been elected under this model: the 2022 Alaskan State legislature, which combined a Top-4 nonpartisan primary with an RCV election. We assess the impact of this reform via …

The Significance Of The Malvinas Issue In The Politics Of President Javier Milei, Reagan Mccain

Honors Theses

This research investigates the Malvinas (Falklands) issue within contemporary Argentinian political discourse, focusing on the rhetoric of Javier Milei, the recently elected president. Known for his populist and provocative style, Milei has surprisingly adopted a more moderate approach to the Malvinas, raising questions about how this aligns with his broader political agenda.

This study analyzes public statements from Milei from the presidential campaign to the present, analyzing them in the context of Argentinian politics and his political ideology. Javier Milei reframes Argentina’s sovereignty claim over the Malvinas by shifting public frustration away from the territorial dispute and toward criticism of …

Minutes From April 2 2025, University Senate

University Senate Minutes

Minutes from April 2 2025 University Senate Meeting

Investing In "Left Behind" Places: Learning From Native American Tribal Communities, Robert Maxim

Brookings Scholar Lecture Series

As part of the Brookings Scholar Lecture Series, Brookings Mountain West presents a lecture titled, "Investing in 'Left Behind' Places: Learning from Native American Tribal Communities" by Brookings fellow in Brookings Metro, Robert Maxim.

Over the past decade, U.S. political and economic discourse has centered on helping “left behind” places. The federal government joined this conversation, emphasizing everything from tariffs and trade protectionism to revitalize domestic industry, to landmark industrial policy bills aimed at pouring new federal investment into lagging places. Native American tribes can serve as an important case study for understanding how federal, state, and local policies can …

Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah

University of Miami Law Review

More than a dozen years have passed since the U.S. Supreme Court decided that federal preemption protects manufacturers of generic (but not brand-name) drugs from most types of products liability claims. This seemingly arbitrary distinction sprang from a peculiarity in the regulations of the U.S. Food and Drug Administration (FDA). That agency soon thereafter proposed to modify its rules in order to eliminate this asymmetry in how the implied preemption defense worked to bar inadequate warning claims, but its effort ultimately failed, while lower courts have confronted some creative efforts to circumvent the special protection enjoyed by generic drug manufacturers. …

Jarkesy, The Seventh Amendment, And Tax Penalties, Steve R. Johnson

University of Miami Law Review

In 2024, in the Jarkesy case, a divided Supreme Court held unconstitutional a provision of the Dodd-Frank Act that allowed the SEC to assert securities law anti-fraud penalties through administrative proceedings subject to judicial review. The Jarkesy majority concluded that the invalidated procedure violated the Seventh Amendment’s guarantee of jury trial in some civil cases.

The dissent predicted that the reasoning of Jarkesy could be applied outside of the securities law area, putting hundreds of other statutes at peril of constitutional invalidation. This Article examines one such possible “spillover.” The Article explores whether Jarkesy threatens the current procedures by which …