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Maine's Plant-Closing Law: Analysis And Proposals, Eric Lindquist

Maine Law Review

On February 4, 1989, the first United States statute specifically directed at plant closings officially took effect. The enactment of this statute comes some seventeen years after Maine adopted the first extensive plant-closing law in the nation. In the interval, eight other states adopted legislation addressing the problems created by large-scale industrial or commercial shutdowns. These laws represent a considerable range of approaches, both voluntary and compulsory, to the plant-closing problem. The purpose of this Comment is to analyze the plant-closing law of Maine in the context of such laws nationally. Part II provides an overview of the state and …

Legal Standards Governing Modification Of Child Custody Orders, Christian T. Chandler

Maine Law Review

Child custody is an area of the law where the courts have tread cautiously. Bitter disputes between separating parents often erupt into court struggles over which parent will gain custody of the minor children. As a result of this discord, and the terrible toll it can take on both the parents and the children, the courts are wary of modifying the original custody decree and moving a child from one parent to another. Courts must vigilantly deter custody suits brought purely for vengeance or harassment. The court acts as the child's legal protector when a change of custody issue is …

Forgive And Forget: Honoring Full And Unconditional Pardons, Philip P. Houle

Maine Law Review

With few words, the Great Bard summarized the popular understanding of full and unconditional pardons as unrestrained acts of mercy which approximate, as best as humans can, the divine ability to forgive and forget. Perhaps in light of that sentiment, the common law held that a royal pardon blotted out any guilt or infamy resulting from commission of a crime, as well as the legal existence of the conviction itself. Following much discussion of the issue, the Supreme Court adopted the forgive-and-forget rule in a series of decisions following the Civil War. Yet, despite clear common law and Supreme Court …

From Natural Law To Legal Realism: Legal Philosophy, Legal Theory, And The Development Of American Conflict Of Laws Since 1830, Bruce Wardhaugh

Maine Law Review

There has been an alleged "revolution” in American conflict of laws during the past sixty or so years. Yet, like most revolutions in intellectual pursuits, this revolution did not arise ex nihilo. Indeed, the revolution can be correlated with a change in the manner in which both law and legal reasoning have come to be viewed by members of the legal profession in the twentieth century. It is this correlation that the present article explores. In particular, this article demonstrates the effect that the legal realist movement has had in the way conflict of laws problems have come to be …

Editorial Board Vol. 41 No. 2 (1989), William L. Dawson, Jr. Editor-In-Chief

Maine Law Review

No abstract provided.

Habeas Corpus—A Better Remedy In Visitation Denial Cases, James A. Albert, Gregory A. Brodek

Maine Law Review

Most family law statistics are sobering. For example, in 1986, there were 2,400,000 marriages in the United States and 1,159,000 divorces. In 1985, there were 2,425,000 marriages and 1,187,000 divorces. Millions of children are affected by these divorces each year as courts decide which parent should be awarded their custody. In 1986, there were approximately 63,000,000 American children and 6,139,000 of these children came from broken homes. According to official census statistics, twenty-one percent of America's children live only with their mother while less than three percent live only with their father. In most divorce cases, Mom gets custody and …

Construing "Consideration" In Maine's Recreational Use Statute: Robbins V. Great Northern Paper Co., Russell B. Pierce Jr.

Maine Law Review

Since 1961, when the Legislature enacted the original version of Maine's "recreational use statute," the Maine Supreme Judicial Court has had little opportunity to construe the statute's several components. The recent case of Robbins v. Great Northern Paper Co., however, allowed the court to interpret the "consideration" exception of the statute for the first time. In a 4-3 decision, the Maine Supreme Judicial Court, sitting as the Law Court, ruled that a $95.00 annual rental fee for noncommercial, recreational use of a lot on the defendant's property did not constitute "consideration" so as to fall within the exception to landowner …

Constitutional Challenges To Caps On Tort Damages: Is Tort Reform The Dragon Slayer Or Is It The Dragon?, Kathryn L. Vezina

Maine Law Review

Liability insurance consumers are convinced the dragon is only sleeping. Because insurance has become a near necessity for businesses, professionals, and municipalities, it is no surprise that fears of the return of insurance unavailability and prohibitive cost cause the boldest policyholders to break out in a cold sweat. In many states, this fear has prompted legislative changes in the civil justice system—tort reform, as a sure-fire way to kill the insurance-crisis dragon. One such tort reform is a statutory limitation on tort damages. In Maine, a legislative proposal capping noneconomic tort damages in medical negligence cases at $250,000 has received …

Withdrawal Of Life-Sustaining Treatment: Patients' Rights—Privacy Rights, Patricia Lerwick

Maine Law Review

As medical expertise and technologies improve, many patients who would otherwise die of their illnesses or injuries survive. For many of these patients and their families, the knowledge and therapies that save their lives are a blessing. Unfortunately for some, survival means not recovery, but rather a severely limited existence dependent on some form of life-sustaining treatment, such as a ventilator or feeding tube. For some of these patients, such an existence is not a blessing, but a curse, not a triumph over death, but rather a cruel prolonging of their dying. These patients, or their families, seek to have …

The Problem Of Third-Party Consent In Fourth Amendment Searches: Toward A "Conservative" Reading Of The Matlock Decision, Robert Deschene

Maine Law Review

In United States v. Matlock, the United States Supreme Court delivered its most recent and comprehensive statement on the doctrine of third-party consent. Under the doctrine, police may search a defendant's home or effects without first obtaining a judicially issued search warrant. Instead of this traditional prerequisite for a valid fourth amendment search, the police need only have the voluntary consent of a third person who possesses "common authority" over or a "sufficient relationship" to the area to be searched. At that point, the defendant's own consent becomes largely irrelevant. Both the United States and Maine constitutions provide protection against …

Shoreline Access In Rhode Island: A Case Study Of Black Point, Michael Rubin

Maine Law Review

Access to the shoreline in Rhode Island has been a strong tradition since the colonial era. However, with increasing development pressures on the formerly rural shore areas, especially in the region of the state commonly called "South County," it was only a matter of time before public and private interests collided over the diminishing resource. That inevitable collision occurred at a particular piece of shorefront property known as Black Point, in the Town of Narragansett, when a developer purchased this large tract of ocean-front property and proposed the construction of luxury condominiums. The project would entail the closing of an …

Rethinking The History Of The Seventeenth-Century Colonial Ordinance: A Reinterpretation Of An Ancient Statute, Mark Cheung

Maine Law Review

In 1648, the Massachusetts colonial government ordered into print The Book of the General Laws and Libertyes that included an ordinance, commonly known as the Colonial Ordinance. The Ordinance extended private seashore property rights to the low water mark but to no more than one hundred rods beyond the high-water mark. The 1648 Ordinance replaced an earlier version enacted in the Body of Liberties of 1641. While both versions of the Ordinance enumerated public rights of fishing, fowling, and navigation in the foreshore, the 1648 Ordinance provided the critical language extending the private boundary to the low water mark. Prior …

Expanding Public Access By Codifying The Public Trust Doctrine: The Massachusetts Experience, William L. Lahey, Lauren Sandler Zurier, Kenneth W. Salinger

Maine Law Review

The Commonwealth of Massachusetts is dramatically expanding public access to the coast through statutory and regulatory codification of the public trust doctrine. Is this legislative and administrative experiment relevant to other states, particularly to Maine? The initial answer to this question may depend on the meaning of the Bell v. Town of Wells decision. For better or for worse, Massachusetts jurisprudence set the course followed by the majority of the Maine Supreme Judicial Court in Bell. To some, including several of the authors in this symposium, the bearing of the Massachusetts courts leads to a civic wasteland where the public's …

Intellectual Indifference—Intellectual Dishonesty: The Colonial Ordinance, The Equal Footing Doctrine, And The Maine Law Court, Orlando E. Delogu

Maine Law Review

Perhaps the most disappointing aspect of the recent Bell decision was the fact that it was 4-3, that significant public interests were lost because a bare majority refused to examine, in the detail necessary, the Colonial Ordinance, old and new United States Supreme Court cases, Maine law, or the reasoning of their own colleagues who filed a compelling dissenting opinion in the case. A mere recitation of the dissenting opinion would serve no useful purpose—it is a part of the public record; its rationale speaks for itself. Had the rationale of the dissent been adopted by the majority it would …

Public Access And The New England Shoreline: Editors' Foreword, Kathryn L. Vezina Editor-In-Chief

Maine Law Review

In August 1989, the Marine Law Institute and the Maine Law Review cosponsored a symposium, "Moody Beach and Beyond: Public Use and Private Rights in the New England Shoreline," in Portland, Maine, to provide a forum for presentation of ideas regarding public access rights to intertidal lands. The controversy at Moody Beach was the starting point for the discussion, but the conference included papers dealing with public access issues in other states as well. Four of the papers from this symposium are included in this issue of the Maine Law Review. As were the presentations last August, these articles are …

Public Trust, Public Use, And Just Compensation, Alison Rieser

Maine Law Review

In its recent decision, Bell v. Town of Wells, the Maine Law Court declined to grapple with one of the major legal conceptual problems presented by the case. The court failed entirely to reckon with the intersection of two competing, dynamic principles of American property law; these principles are increasingly significant in an era of growing conflict between public and private interests in land and natural resources. The first principle protects particular expectations of private owners of property through application of the just compensation (or "takings") clause of the fifth amendment. The second principle recognizes that certain property is held …

Editorial Board Vol. 42 No.1 (1990), Kathryn L. Vezina Editor-In-Chief

Maine Law Review

No abstract provided.

Program: 2024 Featured Lecture, "The Simple Secret: Choosing Love In A Culture Of Hostility", Joshua Graves

William M. Green Distinguished Christian Lecture Program

Program for the Forty-Fourth Annual William M. Green Distinguished Christian Lecture Program with featured lecturer Joshua Graves, preaching and teaching Minister for Otter Creek Church.

Igniting The Interdisciplinary: Forging Connections Across The Academy, Dr. Ashley Ott, Don Campbell, Dr.Jane Proszek Gorninski, Kavithaa Suresh Kumar

Professional Learning Day

No abstract provided.

Transforming Futures: The Impact Of Imsa's Promise Program, Jacqueline Salinas

Professional Learning Day

No abstract provided.

Creating Art In Ai, Joyce Symoniak

Professional Learning Day

No abstract provided.

The Future Of Sir, Dr.Luke Berryman, Peter Dong

Professional Learning Day

No abstract provided.

Imsa's Equity Lens, Dr. Adrienne Coleman

Professional Learning Day

No abstract provided.

Rapid Cycle Deliberate Practice And The Zeigarnik-Ovsiankina Phenomenon As A Method Of Learning And Achieving Long-Term Retention Of Airway Management – A Longitudinal Observational Study, Kirsten R. Kim Sawtelle, Andrew L. Guymon, Valeriy Kozmenko

Aesculapius Journal (Health Sciences & Medicine)

Introduction: This study investigates the effectiveness of Rapid Cycle Deliberate Practice (RCDP) in preparing medical students for the AAMC's entrustable professional activity of airway management. The best simulation training technique for airway management remains unknown. RCDP is well-suited for simulation-based sequential and algorithmic tasks.

Methods: Sixty-seven second-year medical students participated in three one-hour sessions on Airway Management and IV Induction into Anesthesia. They were randomly assigned to control or test groups, practicing under traditional RCDP or RCDP+ Zeigarnik-Ovsiankina phenomenon (ZOP) learning methods, respectively. The control group completed the entire attempt before debriefing, while the test group restarted immediately after the …

Improved Process For The Preparation Of (4s)­4-(4-Cyano-2-Methoxyphenyl) -5-Ethoxy-2,8-Dimethyl-1,4-Dihydro-1,6-Naphthyridine-3-Carboxamide, Msn Laboratories Private Limited, R&D Center; Srinivasan Thirumalai Rajan, Sagyam Rajeshwar Reddy, Velishala Praveen

Defensive Publications Series

Abstract:

The present invention relates to an improved process for the preparation of (4S)­4-(4-cyano-2-methoxyphenyl)-5-ethoxy-2,8-dimethyl-1,4-dihydro-1,6-naphthyridine-3-carboxamide represented by the following structural formula-1, which is referred to as Finerenone.

Formula-1

Innovation Hubs: Expanding Stem Access In Illinois, Nashwa Mekky, Will Perkins, Dawn Waller, Patrick Young, Janine Barajas, Charity Freeman M.Ed., Lindsey Herlehy, Joseph Mastrocola

Professional Learning Day

No abstract provided.

Ai Leadership In 9-12 Education: Research, Ethics, Pedagogy, And Entrepreneurship, Dr.Eric Rettberg, Dr.Ashwin Mohan, Tami Armstrong, Charity Freeman, Steve Goldblatt

Professional Learning Day

No abstract provided.

What Is Michigan Tech's Essential Education - Launching In Fall 2025, Stephen Patchin

Professional Development Day

Register here: https://mtu.libcal.com/event/13197477

Full Issue - Cer V. 2

Concurrent Enrollment Review

No abstract provided.

Front Matter

Concurrent Enrollment Review

No abstract provided.