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Articles 1 - 29 of 29
Full-Text Articles in Law
Endangered Whales Still Get Tangled In Fishing Gear: Let’S Change The Way We Approach The Problem, Tora Johnson
Endangered Whales Still Get Tangled In Fishing Gear: Let’S Change The Way We Approach The Problem, Tora Johnson
Maine Policy Review
The Gulf of Maine lobster industry has been roiled by conflict over whale entanglement for decades. With fewer than 350 North Atlantic right whales remaining, federal regulators are again seeking to implement new measures to protect them from tangling in fishing gear, while the lobster industry faces myriad challenges. My 2005 book Entanglements examined the complex and fraught debate between whale advocates and fishermen. Each side believed the other was inherently evil, greedy, and unduly powerful. Of course, the truth lay somewhere between. Between them were the brave souls who went to sea to wrestle fishing gear off of entangled …
Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady
Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady
Maine Policy Review
Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …
Before And After The Clean Water Act: How Science, Law, And Public Aspirations Drove Seven Decades Of Progress In Maine Water Quality, David L. Courtemanch, Susan P. Davies, Eileen Sylvan Johnson, Rebecca Schaffner, Douglas Suitor
Before And After The Clean Water Act: How Science, Law, And Public Aspirations Drove Seven Decades Of Progress In Maine Water Quality, David L. Courtemanch, Susan P. Davies, Eileen Sylvan Johnson, Rebecca Schaffner, Douglas Suitor
Maine Policy Review
In the 1950s, Maine established a water quality classification system creating the conceptual scaffolding of a tiered system of management. Passage of the federal Clean Water Act in 1972 drove dramatic advances in science, technology, and policy leading to systematic improvement for the next five decades. Today’s tiered classification system provides a range of management goals from natural to various allowable uses. The state assigns uses and standards for each classification, incorporating physical, chemical, and biological indicators. This system has brought steady improvement in water quality, ecological condition, and overall value for human use. Visible evidence of improvement and adoption …
Freedom Of Speech And The Classification Of True Threats, Elena S. Smith
Freedom Of Speech And The Classification Of True Threats, Elena S. Smith
The Cohen Journal
No abstract provided.
Book Review: Kofi Annan And The Role Of Morality In International Relations, Robert Potts
Book Review: Kofi Annan And The Role Of Morality In International Relations, Robert Potts
The Cohen Journal
This is a book review of Interventions: A life in War and Peace. The book was written by former UN Secretary General Kofi Annan.
A Legal Analysis Of The University Of Maine’S Ban On Firearms Following District Of Columbia V. Heller, Abigail Macdonald
A Legal Analysis Of The University Of Maine’S Ban On Firearms Following District Of Columbia V. Heller, Abigail Macdonald
The Cohen Journal
On April 16, 2007, the deadliest shooting by a single gunman took place on the college campus of Virginia Tech, taking the lives of 33 individuals (Johnson 2007). This event shook America, and yet the next year it was followed by six more shooting deaths at Northern Illinois University (Northern Illinois University 2008) and three more at Louisiana Technical College (BBC News 2008). Many universities around the country have responded to these events by either establishing firearm bans or strengthening and clinging to their existing policies, and the University of Maine is no exception (University of Maine 2004). Yet in …
The Future Is Now: Legal Planning For Elders, Jennifer Eastman
The Future Is Now: Legal Planning For Elders, Jennifer Eastman
Maine Policy Review
Legal planning for elders focuses on protecting retirement income and finding ways to pay for long-term health care. Jennifer Eastman discusses estate and tax planning and planning for retirement income, Social Security issues, and asset preservation. She notes that protecting elder adults requires planning and advocating for (or against) policy changes that could adversely affect elders.
Libraries And The First Amendment, Melora Norman
Libraries And The First Amendment, Melora Norman
Maine Policy Review
Melora Norman reviews the history and challenges faced by libraries in dealing with citizen first amendment rights to freedom of speech, freedom to receive information, and privacy.
Libraries And Book Publishers, Maureen Sullivan
Libraries And Book Publishers, Maureen Sullivan
Maine Policy Review
Although Maine is a rural state, it has had success in keeping pace with technological changes since the rise of the Internet 20 years ago. In this section, authors describe some of these successes and the challenges faced by both consumers and libraries in the new digital environment. New technologies and new forms of digital media pose challenges both for publishers and libraries, as discussed by Tom Allen and Maureen Sullivan in their articles on e-books. Allen presents the publisher’s perspective on this potentially disruptive technology, while Sullivan examines the issue from the perspective of libraries and their historic mission …
Putting Equity Back In Reverse Mortgages: Helping Seniors Retire With Dignity, Andrew C. Helman
Putting Equity Back In Reverse Mortgages: Helping Seniors Retire With Dignity, Andrew C. Helman
Maine Policy Review
Policymakers can help some seniors age in place through policies to strengthen private-sector reverse mortgages. In reverse mortgages, individuals who may be “house rich but cash poor” can use their home’s equity to receive regular income or get money through a credit line. Andrew Helman argues that state legislatures can help seniors avoid the “tricks and traps” of reverse mortgages by establishing programs in which lenders who agree to play by rules that ensure the safety and security of such mortgages are placed on a “preferred” list for seniors seeking a loan. He observes that laying the groundwork now can …
Tribal-State Relations, Donna M. Loring
Tribal-State Relations, Donna M. Loring
Maine Policy Review
Donna Loring’s commentary provides an alternative perspective on Native American sovereignty in Maine, looking at the sometimes contentious process of tribal-state relations.
Smart Growth, State Policy And Public Process In Maine: The Dunstan Crossing Experience, Sylvia Most, Samuel B. Merrill, Jack D. Kartez
Smart Growth, State Policy And Public Process In Maine: The Dunstan Crossing Experience, Sylvia Most, Samuel B. Merrill, Jack D. Kartez
Maine Policy Review
Sprawling development in Maine’s growth areas continues in spite of the state’s emphasis on comprehensive planning over the past 20 years. In this article, the authors present some lessons to be learned from Scarborough’s Dunstan Crossing project, a planned development which would have incorporated many of the goals of the national “smart growth” movement. The project was approved by the elected town council (one of whom is co-author Sylvia Most), and it was in compliance with Scarborough’s town comprehensive plan. Nonetheless, the project for now has effectively been blocked after a lengthy period, described here, that saw a citizen referendum, …
Five Hundred Sixty Nations Among Us: Understanding The Basics Of Native American Sovereignty, Stephen Brimley
Five Hundred Sixty Nations Among Us: Understanding The Basics Of Native American Sovereignty, Stephen Brimley
Maine Policy Review
Stephen Brimley presents a general background on the historical context of Native American tribal sovereignty on the national level, and the current political and legal environment in which tribal rights are defined. He describes how tribes have retained varying degrees of the rights they had prior to European contact, and the ways in which state power over tribes has been expanded through court action in the past several decades. Maine’s Native American groups are in a somewhat unique situation with regard to sovereignty, as defined in the Maine Indian Land Claims Settlement Act of 1980.
The Changing Nature Of Long-Term Care In Maine, Paul Saucier, Julie Fralich
The Changing Nature Of Long-Term Care In Maine, Paul Saucier, Julie Fralich
Maine Policy Review
The increase in the proportion of older adults, many with one or more chronic medical conditions, will increase the demand for long-term care. Paul Saucier and Julie Fralich discuss the socio-demographic factors affecting long-term care policy, and describe various state and federal options for providing and financing long-term care. They note that Maine’s long-term care system has so far been able to absorb considerable growth in people by serving increasing numbers in lower-cost settings. Cost sharing has been introduced, and tax policy has been changed to provide incentives for long-term care insurance. Policymakers must now consider whether the current balance …
Campaign Finance Reform, Free Speech And The Supreme Court, Derek Langhauser
Campaign Finance Reform, Free Speech And The Supreme Court, Derek Langhauser
Maine Policy Review
In December 2003, the United States Supreme Court upheld all the key provisions of the Bipartisan Campaign Finance Reform Act (BCRA) of 2002. In their 5-4 decision, the justices deferred broadly to the limitations set by Congress on unregulated “soft money” and “issue ads” in political campaigns. Derek Langhauser, who worked in Senator Olympia Snow’s office as counsel in McConnell v FEC, as this case was called, gives a legal history of the challenge of balancing Congress’ interest in protecting the integrity of elections with the Constitution’s competitive rights of free speech and association. He describes in detail the Supreme …
How Volunteers Saved Legal Aid In The 1990s, Calien Lewis
How Volunteers Saved Legal Aid In The 1990s, Calien Lewis
Maine Policy Review
No abstract provided.
Why More Is Required To Address Maine’S Childhood Lead-Poisoning Problem, David Littell
Why More Is Required To Address Maine’S Childhood Lead-Poisoning Problem, David Littell
Maine Policy Review
Although largely hidden from the public eye, childhood lead poisoning has been identified as one of Maine’s leading environmental health problems. Recent data show not only that lead-poisoning levels are unacceptably high among Maine’s children, but also that screening rates are lower than recommended by national health organizations and lower than in other New England states. David Littell discusses why childhood lead poisoning is such a problem in Maine and what can be done to remedy the situation, providing a thorough examination of how children are exposed to lead and the magnitude of the problem. He reviews the state’s existing …
Easements And Conservation Policy In The North Maine Woods, David J. Lewis
Easements And Conservation Policy In The North Maine Woods, David J. Lewis
Maine Policy Review
Recently Maine has embarked on a new policy direction in its use of conservation easements to protect large tracts of commercial timberland. David Lewis argues that the effectiveness of using easements as a long-term conservation policy depends on many factors that may not be fully considered in the decision-making process currently used in choosing easements for landscape-scale conservation. Lewis indicates that the root of the problem lies in the fact that the state lacks a comprehensive policy describing the conservation goals desired in the North Woods. Before progressing further, Lewis suggests that the ultimate goals of conservation need to be …
The Maine Shore And The Army Corps: A Tale Of Two Harbors, Wells And Saco, Maine, Joseph Kelley, Walter Anderson
The Maine Shore And The Army Corps: A Tale Of Two Harbors, Wells And Saco, Maine, Joseph Kelley, Walter Anderson
Maine Policy Review
By discussing the problems of beach erosion and sand movement at Wells and Saco, Maine, Joseph Kelley and Walter Anderson demonstrate how single-minded, engineering approaches to complex, interdisciplinary coastal issues can create bigger problems than previously existed. As Kelley and Anderson explain, at both Wells and Camp Ellis, the Army Corps of Engineers was brought in to construct a harbor at no local cost to the community. This was accomplished by constructing jetties, and the result has been a persistent and serious problem of beach erosion. Over the years, the Army Corps has offered further technical solutions that have served …
The Opportunities And Threats Of Coastal Development: An Mpr Roundtable Discussion, Paul Anderson
The Opportunities And Threats Of Coastal Development: An Mpr Roundtable Discussion, Paul Anderson
Maine Policy Review
In May 2000, nine discussants—each with a unique perspective on coastal development—convened to explore changes occurring on the Maine coast, whether those changes are consistent with what Maine people want, and what looming issues invite further debate and creative problem solving. Their discussion spanned a range of sensitive issues including aquaculture development, the displacement of traditional economies, the effects of development on coastal wildlife populations, and the reality of diminishing public access to the coast. All agreed that with vision and careful planning we have an opportunity to shape the future of the Maine coast, but the jury is out …
Taking Charge Of Maine’S Fiscal Fortunes: Taxes Are Only One Piece Of The Puzzle, Josephine M. Laplante
Taking Charge Of Maine’S Fiscal Fortunes: Taxes Are Only One Piece Of The Puzzle, Josephine M. Laplante
Maine Policy Review
Are Maine’s taxes too high? This question and others continue to plague policymakers and citizens throughout Maine. This article provides the first of two perspectives on how to achieve meaningful tax reform. Josephine LaPlante suggests taking the long view, evaluating carefully the state’s tax structure and the impacts of any tax reforms. She presents a comprehensive framework for considering such changes and argues that taking charge of Maine’s fiscal house includes not only tax reform but also a reassessment of how the state provides public services to meet the needs and preferences of its citizens.
Whose Tax Burden? Whose Tax Fairness? And Whose Tax Reform?, Christopher St. John
Whose Tax Burden? Whose Tax Fairness? And Whose Tax Reform?, Christopher St. John
Maine Policy Review
Current efforts to reform Maine’s tax system represent no new business, according to Christopher "Kit" St. John. In this second article in this issue about tax reform, St. John suggests the need to re-examine reform principles in Maine and, more particularly, reassess conventional wisdom that professes a relationship between tax reform and economic competitiveness. He examines recent reform proposals and offers a path forward, one based on relieving tax burden while maintaining tax fairness, especially for low income citizens of Maine.
Tax-And-Match: Resolving Tension Between State Financial Pressure And Federal Public Policy Intentions, A. Mark Woodward
Tax-And-Match: Resolving Tension Between State Financial Pressure And Federal Public Policy Intentions, A. Mark Woodward
Maine Policy Review
How tax-and-match, a federal program designed to help states subsidize hospital care for low income patients, came into existence and how it was overexploited is recent history Mainers should pause to consider. Woodward traces Maine’s tax-and-match experience from its inception in 1991 to its repeal in 1995 and in doing so illustrates a set of larger issues related to the integrity of federal-state relations, the difficulties in developing fiscally sound health policies in a resource tight environment, and the political machinations that can lead to quick-fix solutions over long-term policy resolutions. With federal block grants looming in the future, Woodward …
Maine Implements The Clean Air Act: Federalism, Environmentalism And Interest Group Accountability, Jon Reisman
Maine Implements The Clean Air Act: Federalism, Environmentalism And Interest Group Accountability, Jon Reisman
Maine Policy Review
The implementation of environmental policy initiatives often brings about a complex interplay between science and policy, public opinion, interest groups, federal and state mandates, and political machination. Jon Reisman uses Maine’s recent experience of compliance with the 1990 Clean Air Act to illustrate this complexity. In doing so, he addresses several important, but often ignored, issues, such as stakeholder participation in the policy making process, interest group accountability to implementation, and the long term consequences to the environment if these issues are avoided.
Tax Policy And Economic Development: A Roundtable Assessment, Christopher St. John, Alan P. Brigham, Charles Colgan, Brian H. Mahany
Tax Policy And Economic Development: A Roundtable Assessment, Christopher St. John, Alan P. Brigham, Charles Colgan, Brian H. Mahany
Maine Policy Review
Economic development continues to be a top policy issue for the state of Maine. Within the broad topic of economic development is the issue of tax policy, and the state continues to experiment with changes in traditional taxes, such as sales and income, as well as with newer approaches, such as Employment Tax Increment Financing. What works and what does not work? Can the state afford the potential loss of revenues associated with tax incentives? Who wins and who loses from these policies? To answer these questions, Maine Policy Review convened a panel of experts to review Maine’s record. Two …
Rethinking Criminal Justice In Maine: An Interview With Commissioner Joseph Lehman, Joseph Lehman
Rethinking Criminal Justice In Maine: An Interview With Commissioner Joseph Lehman, Joseph Lehman
Maine Policy Review
Relative to other states, Maine enjoys low crime rates. Yet crime, and the fear of random, violent crimes are of concern for many Mainers. In this interview, Maine Department of Corrections Commissioner Joseph Lehman addresses these concerns and articulates a new vision for Maine’s criminal justice system based on prevention and the principles of restorative justice.
Overhauling Maine's Tax System, Paula Valente
Overhauling Maine's Tax System, Paula Valente
Maine Policy Review
No abstract provided.
Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce
Conference Reports: The First Munsungan Conference: Paying To Play In The Maine Woods, Christopher Spruce
Maine Policy Review
No abstract provided.
Upcoming At The Regulatory Commissions, Linda Wood, Ralph Townsend
Upcoming At The Regulatory Commissions, Linda Wood, Ralph Townsend
Maine Policy Review
No abstract provided.