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Retroactivity Rethought: The Hidden Costs, Pierce B. Hasler

Maine Law Review

The validity of Justice Harlan's contention that retroactivity must be rethought is becoming increasingly evident, and it seems likely that extensive reevaluation of the doctrine will soon be necessary. The past six years have been marked by well over a dozen Supreme Court decisions addressed to the question of the retroactive or prospective effect to be given prior constitutional rulings in the area of criminal procedure. Rarely has an important constitutional doctrine achieved such full-blown proportions so quickly, yet several members of the Court would now vote to reject it and start anew. Linkletter v. Walkers was the landmark decision …

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.

Editorial Board Vol. 24 No. 1 (1972), Richard A. Langley Editor-In-Chief

Maine Law Review

No abstract provided.

Social Support, Motivation, And Maternal Knowledge About Providing Essential Health Care Services For Preterm And Low Birth Weight Babies In West Sumatra Province, Indonesia, Ricvan Dana Nindrea, Long Chiau Ming, Nissa Prima Sari

Journal of Health Research

Background: Low birth weight (LBW) and preterm infants face heightened health risks, requiring specialized care. Social support, maternal motivation, and knowledge are vital for their care, yet research on these factors in West Sumatra, Indonesia, is limited. This study examines how social support and maternal motivation enhance maternal knowledge in caring for LBW and preterm infants.

Methods: This community-based, cross-sectional study was conducted from August to October 2024 in Padang City and Solok Regency, West Sumatra. A total of 125 mothers with LBW or preterm infants born between January and December 2023 were selected using multistage random sampling. Data were …

The Development And Impact Of Hospitals Accreditation In Southeast Asia: A Scoping Review, Putri Citra Cinta Asyura Nasution, Dumilah Ayuningtyas, Adang Bachtiar, Besral Besral

Journal of Health Research

Background: The Association of Southeast Asian Nations (ASEAN) Economic Community facilitates its members to provide accessible health services and to improve their quality and safety. Hospital accreditation (HA) is a tool to improve quality, safety, and access. This study aimed to examine publications on HA in ASEAN countries, as well as analyze their implementation and impact on this region.

Methods: This study used Arksey and O'Malley's framework scoping review. Articles were from ProQuest, Scopus, PubMed, MEDLINE, Wiley Online Library, ScienceDirect, SAGE journals, and JSTOR databases. Full-text articles written in English from 2000 to 2024 were searched using the …

Hiv-Aids Prevention Among Women In Indonesia And The Philippines: A Demographic Health Survey 2017, Zahroh Shaluhiyah, Shabrina Arifia Qatrannada, Dewi Sulistyorini

Journal of Health Research

Background: This study was conducted to compare HIV prevention practices among women in Indonesia and the Philippines, focusing on similarities and differences between both countries.

Methods: A cross-sectional design was used with data from the Demographic Health Survey, including 39,897 and 22,0813 responses from Indonesia and the Philippines. We investigated the associations between explanatory variables and HIV outcome variables, HIV prevention practices, using Chi-square tests followed by multivariate, logistic regression.

Results: Greater levels of HIV knowledge were associated with an increase in prevention practices. Women with higher levels of knowledge had 2.80 times greater odds of practicing prevention compared to …

Comparison Of Age-Standardized Suicide Rate And Standard Population Composition In South Korea, 2005–2022, Chae-Bong Kim, Eun-Kyu Shine

Journal of Health Research

Background: South Korea has the highest suicide rate among the countries of the Organization for Economic Cooperation and Development, with the highest rates found among older adults and adolescents. Calculating accurate suicide rates requires sophisticated estimates that consider population composition. This study aimed to report the age-standardized suicide rates of South Koreans between 2005 and 2022.

Method: We calculated the age-standardized suicide rates in South Korea utilizing cause-of-death statistics data from the years 2000, 2010, 2015, 2018 and 2022 and the standard populations from 2000 and 2020. We reported the differences in suicide rates in South Koreans by age group …

Identifying Stroke Risk And Its Association With Multilevel Factors Among Older People With Uncontrolled Hypertension In Chiang Rai, Thailand: A Cross-Sectional Analytic Study, Sunaree Tanapek, Sarunya Benjakul, Mondha Kengganpanich, Jutatip Sillabutra

Journal of Health Research

Background: Stroke is a leading cause of death among older adults with uncontrolled hypertension. However, most studies focus on stroke patients rather than those at risk. This study examined stroke risk levels in older adults with uncontrolled hypertension in Chiang Rai, Thailand, and explored their associations with multilevel factors using an ecological model.

Methods: A cross-sectional analytic study was conducted in a community of 238 individuals aged 60–69 years using multistage stratified random sampling. Data were collected through structured interviews and physical examinations (September-November 2023). The instruments were validated for reliability and met standard acceptance criteria. Binary logistic regression with …

Lived Experiences Of Icu Nurses Caring For Critically Ill Patients Infected With Covid-19: A Phenomenological Study In Thailand, Charuedee Putruttanamaneekun, Yaowarat Matchim, Thitiporn Pathomjaruwat, Thanyarat Boontoi, Itsari Srisupha-Olarn, Sukanya Thongbupa, Borwarnluck Thongthawee, Parinya Raetong

Journal of Health Research

Background: COVID-19 is an emerging disease that caused infections and a pandemic worldwide. Intensive care unit (ICU) nurses played an important role in providing care for critically ill patients. Their experiences during the pandemic in Thailand were not well documented. This study explored the lived experiences of ICU nurses caring for critically ill patients infected with COVID-19 in Thailand.

Methods: We conducted a qualitative, phenomenological study guided by Gadamer’s philosophical hermeneutics. Data were collected between December 2021 and March 2023 among fifteen ICU nurses at a university hospital. The partcipants drew pictures reflecting their experiences; they participated in in-depth interviews …

Primary Care Doctors' Attitudes Towards Geriatric Care In Malaysia:An Online Survey, Azmi Mohd Ikhwan, Na. Hamid, Sukeri Surianti, Inche Zainal Abidin Sheleaswani, Abd Hamid Anees

Journal of Health Research

Background: Primary care doctors play a pivotal role in an ageing society. They must possess appropriate attitudes about offering effective care to older people. Therefore, this study sought to determine the attitudes of primary care doctors towards geriatric care and factors associated with positive attitudes among these doctors in Malaysia.

Methods: This cross-sectional study, conducted between May 2023 and January 2024, included 328 primary care doctors in Malaysia. It used convenience sampling and included doctors who had worked for at least six months in a primary care setting. The University of California Los Angeles Geriatric Attitude Scale questionnaire was administered …

The Investigation Of Nutritional Knowledge, Attitudes, Practices, Dietary Achievement, And Satisfaction Among Patients With Colorectal Cancer Post-Using A Web Application: A Quasi-Experimental Study, Pornpimon Nunthanawanich, Sanit Wichansawakun, Cholrit Luangjinda, Chatrapa Hudthagosol

Journal of Health Research

Background: Colorectal cancer (CRC) is a major global health concern, with malnutrition being a leading cause of death among Thai cancer patients. Misinformation, lack of knowledge, and false beliefs contribute to nutrition-related issues. Online platforms offer an alternative for patient education. This study aimed to compare the impact of two nutritional education tools, the Nutrition Educational Prototype based on Smartphone Web Applications (NEPSA) and standard hospital leaflets with nutrition counselling, on nutrition knowledge, attitudes, and practices in malnourished patients with CRC undergoing chemotherapy.

Method: This quasi-experimental study employed pretest and posttest designs with a nonequivalent control group. Twenty-eight …

Fall Incidences, Risk Factors, And Health Effects Among Early- And Middle-Aged Elderly People In Rural Areas Of Border Provinces In Southern Thailand, Phnom Sukchan, Tapanan Prateepko, Arinda Ma-A-Lee, Kruawan Hounkong, Penporn Sujiwattanarat, Gornganok Piboonpol

Journal of Health Research

Background: Elderly individuals with physical and psychological challenges face a high risk of falls. This study aimed to assess the incidence, health effects of, and risk factors for falls among those aged 60-79 years old in Thailand's three southern border provinces.

Methods: A community cross-sectional study was conducted between October 2021 and September 2022. Questionnaires were administered though verbal face-to-face conversations. Descriptive statistics, the Chi-square test, Fisher’s exact test, and logistic regression were used.

Results: A total of 419 elderly participants were recruited, while 374 participated in the study. The incidence of falls was 37.4% with an average of 1.7 …

Horizontal Equity Of Outpatient Care Utilization In Elderly Under Universal Coverage Scheme: Evidence From 2 Area Health Managements In Thailand, Methinee Intarates, Supasit Pannarunothai, Sarunya Benjakul, Nilawan Upakdee

Journal of Health Research

Background: The Thai health system emphasized area health management in 2013 for better service provision. This study examined the equity of health care utilization among the elderly. The aims of this study were: 1) to quantify horizontal inequity in terms of number of hospital visits and health care expense among elderly patients with chronic non-communicable disease in Thailand in 2018; 2) to decompose factors explaining health inequity across area health management.

Method: Econometric analysis was performed using the 43-file standard dataset from 2 health regions of the Ministry of Public Health, Thailand in 2018. The horizontal inequity (HI) index was …

Index Of Authors, Maine Law Review

Maine Law Review

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

Cumulative Index (1962-1972), Maine Law Review

Maine Law Review

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

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 …

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 …

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 …

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 …

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 …

Editorial Board Vol. 24 No. 2 (1972), Richard A. Langley Editor-In-Chief

Maine Law Review

No abstract provided.

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 …

Performance Of Lasso And Ridge Regression For Variable Selection In Genome-Wide Association Studies Of Maize Flowering Time, Dipok Deb

Data Science and Data Mining

Genome-Wide Association Studies (GWAS) are instrumental in identifying genetic variants linked to complex traits, providing valuable insights into trait heritability and biological mechanisms. This study applies GWAS to investigate flowering time in maize, a critical adaptive trait, using a diverse dataset of 5,000 recombinant inbred lines across eight environments. Traditional GWAS methods often encounter challenges in high-dimensional datasets due to the presence of multiple small-effect genetic loci. To address this, we compared two penalized regression methods—LASSO and Ridge regression—to perform variable selection and regression analysis within a GWAS framework. LASSO effectively reduced the number of predictors by selecting the most …

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.

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 …

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, …

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 …

Variable Life Insurance And The Federal Securities Laws, Maine Law Review

Maine Law Review

The Securities and Exchange Commission has recently ruled that variable life insurance contracts are "securities" within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934 and, therefore, subject to the registration and disclosure requirements of those acts. Perhaps more significantly, the SEC also found the Investment Company Act of 1940 and the Investment Advisers Act of 1940 applicable to companies issuing variable life insurance, but decided to exempt insurance companies from the requirements of these statutes in deference to developing state regulation. This comment explores the legal issues raised by the SEC decision.

The Private Offering: Rule 146 And Offeree Sophistication, Maine Law Review

Maine Law Review

The fundamental premise of the Securities Act of 1933 is that protection of the investor is achieved by requiring the dissemination of information essential to an informed investment decision. Carved from this general requirement are exemptions from registration dealing with certain types of securities and transactions. This lack of clarity has created a situation in which the SEC continues to list the characteristics of a private offering while the judiciary seizes upon particular factors as determinative tests. In response to the need for "greater certainty in the application of the Section 4(2) exemption, the SEC has recently proposed Rule 146 …

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 …