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Articles 1 - 18 of 18
Full-Text Articles in Law
Primacy In Theory And Application: Lessons From A Half-Century Of New Judicial Federalism, Catherine R. Connors, Connor Finch
Primacy In Theory And Application: Lessons From A Half-Century Of New Judicial Federalism, Catherine R. Connors, Connor Finch
Maine Law Review
In his 1977 article, State Constitutions and the Protection of Individual Rights, Justice Brennan famously reminded jurists that our governmental system includes two constitutions applicable to each state, and New Judicial Federalism was born. Since then, state courts have applied their own Bills of Rights using different approaches with varying degrees of enthusiasm. The primacy approach, requiring state courts to consider the state constitution first, and turning to the federal constitution only if needed to resolve the case, is theoretically optimal but inconsistently followed, even in the few jurisdictions professing to adopt that approach. This Article posits that the reason …
A Section-By-Section Analysis Of Maine's Freedom Of Access Act, Anne C. Lucey
A Section-By-Section Analysis Of Maine's Freedom Of Access Act, Anne C. Lucey
Maine Law Review
There seems to be no absolute freedom of information. Even President Lyndon B. Johnson's declaration made on July 4, 1966, as he signed the Freedom of Information Act (FOIA) into law, indicates the limitations accompanying most right-to-know laws from their inception. A delicate balance must be struck between the public's access to public business and the public interest, between the public's access and a person's right to privacy, and, at the federal level, between the public's access and national security. Maine also crafted a limited freedom of information law, the Freedom of Access Act ("FOAA" or "the Act"), seven years …
An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu
An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu
Maine Law Review
This paper has its roots in the finality of what have come to be called the Moody Beach decisions. In the last of these two cases, Maine's Supreme Judicial Court, sitting as the Law Court, held that the public's right to use the intertidal zone was limited to those uses and activities spelled out in the Colonial Ordinance of 16411647: “We agree with the Superior Court's declaration of the state of the legal title to Moody Beach. Long and firmly established rules of property law dictate that the plaintiff oceanfront owners at Moody Beach hold title in fee to the …
Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr.
Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr.
Maine Law Review
The following remarks were delivered on October 13, 1992, on the occasion of the first Frank M. Coffin Lecture on Law and Public Service, henceforth to be an annual event at the University of Maine School of Law. The speech was written by the late Joseph L. Rauh, Jr., who died a few weeks before the speech was to be given. The speech was presented by his widow, Olie Rauh, and their son, Michael Rauh.
Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.
Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.
Maine Law Review
The Second Annual Frank M. Coffin Lecture on Law and Public Service was held on October 7, 1993. Professor Arthur M. Schlesinger, Jr. presented "Multiculturalism and the Bill of Rights."
Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald
Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald
Maine Law Review
The Third Annual Frank M. Coffin Lecture on Law and Public Service was held on September 28, 1994. The Honorable Patricia M. Wald, Judge, United States Court of Appeals for the District of Columbia, presented “Whose Public Interest Is It Anyway?: Advice for Altruistic Young Lawyers.”
Justice Edward Godfrey And The "Public Purpose" Decision, Orlando E. Delogu
Justice Edward Godfrey And The "Public Purpose" Decision, Orlando E. Delogu
Maine Law Review
At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.
Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia
Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia
Maine Law Review
Kathleen Nuccio alleged that she was sexually abused by her father when she was three years old. He continued to sexually abuse her for ten long years. He threatened her life when he held a chisel to her throat and vowed to kill her if she ever told anyone of the abuse. Luke Nuccio not only sexually defiled his daughter but also verbally abused her and physically beat her until she was seventeen years old. One such beating caused damage so severe to Kathleen's ear that she was forced to have surgery. Kathleen never spoke of the abuse during the …
Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein
Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein
Maine Law Review
The Fifth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 8, 1996. This year’s lecturer, Alvin J. Bronstein, the founding Executive Director of the National Prison Project of the American Civil Liberties Union, presented “Representing the Powerless: Lawyers Can Make a Difference.”
What Happened To The American Social Compact?, Robert B. Reich
What Happened To The American Social Compact?, Robert B. Reich
Maine Law Review
The Sixth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 6, 1997. Robert B. Reich, formerly the Secretary of Labor under the Clinton Administration, and currently a University Professor and the Maurice B. Hexter Professor of Social and Economic Policy at Brandeis University and its Heller Graduate School, presented “The American Social Compact: What It Was and Where It Went.”
Strengthening Democracy: The Challenge Of Public Interest Law, Scott Harshbarger
Strengthening Democracy: The Challenge Of Public Interest Law, Scott Harshbarger
Maine Law Review
The Twelfth Annual Frank M. Coffin Lecture on Law and Public Service was held in the fall of 2003. Scott Harshbarger, former President of Common Cause and Massachusetts Attorney General, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law.
Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter
Will Bell V. Town Of Wells Be Eroded With Time?, Sidney St. F. Thaxter
Maine Law Review
In 1989, the Maine Law Court issued a landmark decision regarding the ownership of the land between the mean high-water mark and the mean low-water mark (the intertidal zone) in a case entitled Bell v. Town of Wells.1 This decision was controlled, in part, by the 1986 decision in the same case. Bell I was decided following an appeal by the plaintiff-landowners from the lower court decision dismissing Counts I and II of their Complaint as “barred by sovereign immunity.” The lower court found that “the State has an interest in Moody Beach and in that sense it has title,” …
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Maine Law Review
In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …
A Century Of French International Law Scholarship, Emmanuelle Jouannet
A Century Of French International Law Scholarship, Emmanuelle Jouannet
Maine Law Review
In this study of contemporary French scholarship in the field of international law, I aimed to reveal its reality at the dawn of the 21st century, but I quickly discovered that it is difficult to understand the current trends in this area of scholarship without first placing French international legal thought in the broader context of the evolution of international law itself. It seems that the increased stature of international law and its considerable expansion since 1945 are both accepted and problematic. This evolution is not problematic in and of itself; the problem lies in the increased interest it arouses …
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Maine Law Review
Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …
Frank Coffin And Enlightened Governance, Robert A. Katzmann
Frank Coffin And Enlightened Governance, Robert A. Katzmann
Maine Law Review
I have often thought that Judge Frank M. Coffin is one of a handful of statesmen of recent times I could easily imagine in Philadelphia in the summer of 1787 (indeed, as a central figure in a David McCollough biography). If he had been, as competing factions struggled to find solutions to thorny issues, Madison’s Notes would inevitably and often have recorded: “With negotiations on the verge of collapse, all eyes turned to Frank Coffin, who found not only the key to compromise, but also the better way.”
The Legacy Of Judge Frank M. Coffin, Peter R. Pitegoff
The Legacy Of Judge Frank M. Coffin, Peter R. Pitegoff
Maine Law Review
Judge Coffin had adopted the University of Maine School of Law as if it were his own. He was a committed friend to the Law School and served on the advisory Board of Visitors for almost two decades. Like so many others, I felt his keen personal commitment as well, with his periodic calls and visits, his steady counsel and encouragement. Before arriving in Maine, I had known of Judge Coffin. Little did I anticipate that he would so enrich my experience as Dean at Maine Law. He remains a role model to so many of our graduates and leaves …
Textualism And The Problem Of Scrivener's Error, John David Ohlendorf
Textualism And The Problem Of Scrivener's Error, John David Ohlendorf
Maine Law Review
Scrivener’s errors make easy prey for the gentle comedy of the bench and bar, much in the way that typographical errors in billboards, newspaper headlines, and church bulletins form an endless source of humor for late night talk show hosts. But theorists of legal interpretation have long seen that scrivener’s errors pose a more serious problem. The doctrine surrounding scrivener’s error stands considered as something of a cousin to the absurdity doctrine, which has roots extending to the earliest days of the American Republic. More recently, the post-legal-process revival of formalist approaches to statutory interpretation on the bench, and their …