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Full-Text Articles in Law

The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis Aug 2019

The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis

Maine Law Review

Like most of rural America, Northern New England is facing a shortage of lawyers in its rural spaces. The three states are facing an aging bar and demographic trends that indicate that this will only continue. The situation is already dire. The Northern New England states currently rank among the oldest states in the country and there are counties where young lawyers are an almost extinct species. The current trends are not unprecedented. As one of the first areas to industrialize, New England saw its young people leave the countryside early and start to flock to growing cities. As the …


Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero Aug 2019

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this …


Rural Practice As Public Interest Work, Hannah Haksgaard Aug 2019

Rural Practice As Public Interest Work, Hannah Haksgaard

Maine Law Review

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.


Foreword, Mac Walton Editor-In-Chief Aug 2019

Foreword, Mac Walton Editor-In-Chief

Maine Law Review

No abstract provided.


Fictional Pleas, Thea B. Johnson Jul 2019

Fictional Pleas, Thea B. Johnson

Faculty Publications

A fictional plea is one in which the defendant pleads guilty to a crime he has not committed with the knowledge of the defense attorney, prosecutor and judge. With fictional pleas, the plea of conviction is totally detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating non-criminal consequences. In this context, …


Community Development Finance And Economic Justice, Peter R. Pitegoff Jan 2019

Community Development Finance And Economic Justice, Peter R. Pitegoff

Faculty Publications

This chapter reflects on the history of community economic development, community development financial institutions, and their relationship with law and legal scholarship. It describes the robust use of complex legal and financial tools in community development practice today and presents Maine-based Coastal Enterprises Inc. (CEI) as a window into the evolution of the field over the last four decades. Part II traces the wider history and context of community development finance and of the dramatic expansion in tax credit financing. Part III explores the implications of this trend for sustainability and local accountability, underscoring the distinction between community organizing and …


Judicial Partisanship In A Partisan Era: A Reply To Professor Robertson, Dmitry Bam Jan 2019

Judicial Partisanship In A Partisan Era: A Reply To Professor Robertson, Dmitry Bam

Faculty Publications

Professor Cassandra Burke Robertson’s outstanding article, Judicial Impartiality in A Partisan Era, is timely given the increasing politicization of the judiciary. The political debate and controversy around the Judge Garland nomination and the Justice Kavanaugh confirmation to the United States Supreme Court, only served to reaffirm that the judiciary is not immune from the growing political polarization in America. And it is not just senate judicial confirmation battles that have become highly bitter and partisan. Scholars writing about the substantive work of the Court have argued that it is more akin to a political body than a judicial one, and …