Law Commons^™

Hunting In Maine, Elizabeth Tibbetts

Honors College

Hunting remains a common practice for many people in the state of Maine. While the stories and traditions held by hunters differ from person to person and family to family. There are commonalities that aid in building the sense of community between hunters in the state of Maine. This hunting community is strengthened through the sharing of stories and the common traditions shared by many. These communities remain strong even as the Maine landscape and hunting legislation changes over time. Here a number of questions regarding hunting are explored through the lens of one family spanning multiple generations through oral …

Critical Discourse Analysis: Sexual Violence In Maine Department Of Public Safety (Dps) "Crime In Maine" Reports, Emma V. Grous

Honors College

Sexual violence is incredibly prevalent in the state of Maine. These crimes, which disproportionately affect at-risk communities – women, children, people of color, and impoverished persons – are not accurately represented in legal discourses within Maine. Changes to how victims and survivors of sexual violence are represented and discussed in law enforcement reports and other materials are necessary in order to promote social change and justice for the survivors in our communities.

Critical Discourse Analysis has been used broadly since its conception and has even previously been used in understanding political and social implications of discourse in the United States. …

Melissa Jankowski: Aspiring Forensic Psychologist Evaluates Inmates, Patients At N.C. Prison Complex, Division Of Marketing And Communications, Marcus Wolf

General University of Maine Publications

To become a forensic psychologist, Melissa Jankowski decided to participate in a competitive internship at a prison complex famous for housing several high-profile inmates—the Federal Correctional Complex in Butner, North Carolina.

Memorial Notice For Professor Emeritus, Dr. Charles Scontras, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Dr. Scontras was a tireless advocate for workers and for the preservation Maine’s history of working class struggle. For more than half a century Dr. Scontras addressed the history and present condition of labor in Maine. His work appeared in the op-ed pages of Maine’s newspapers, in six volumes of Maine labor history covering the period from 1636 to the present, in presentations at labor halls and in his determination to make the historical records of Maine labor unions available at the University of Maine Fogler Library Labor Archives.

Initiative And Referendum: A Maine Odyssey, Charles A. Scontras

Bureau of Labor Education

Maine is no stranger to the nation’s battles involving the development of the tools of direct democracy and how to use them. Since the citizen initiative and referendum were passed in late 1908, Mainers have used “the power of the people” to vote directly on many laws, bypassing the Legislature. Now, after more than 100 years in use, the initiative process may be facing a test: Gov. Paul LePage is preparing blueprints to use the initiative in an attempt to change the state’s welfare system and reduce the income tax — victories denied to him in the Legislature. It’s a …

Public Shoreline Access In Maine: A Citizen’S Guide To Coastal And Ocean Law, John Duff, Liana James, Victoria Labate

Maine Sea Grant Publications

Getting to coastal waters in Maine can sometimes be a challenge, for despite the state’s 5,400 miles of mainland and island shoreline, only about 12% is in public ownership. Yet the public does have longstanding, although limited, rights to support traditional coastal uses along privately owned shoreline. In addition to the rights to “fish, fowl, and navigate,” members of the public have a variety of other means to secure access to shoreline areas and ocean waters. With more people attracted to Maine’s coastline for a variety of uses, it is important to understand the range of access rights that accommodate …

Right-To-Work:' The Issue That Won't Die — A Historical Perspective, Charles A. Scontras

Bureau of Labor Education

Phoenix-like, "right-to-work" measures have again surfaced in the state Legislature. Such measures are designed to prohibit employers from negotiating union security clauses by which all who benefit from union bargaining agreements pay their share of the costs involved in the union's legal obligation to represent all workers.

Do I Have To Cross The Picket Line?, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Refusing to cross a lawfully established picket line is protected by the National Labor Relations Act. You have the legal right not to cross a picket line in solidarity with your own union, out of sympathy for workers from another union, or just to avoid confrontation. By refusing to cross a picket line while on duty you are essentially engaging in a strike in sympathy with the picketing workers. Refusing to cross a picket line is a legally protected act. When you approach a picket line you may be asked to honor the picket line. Politely asking someone not to …

The Effects Of Verbal Overshadowing And Social Anxiety On Facial Recognition: A Replication And Extension, Arielle Rancourt

Honors College

There have been 314 post-conviction DNA exonerations, and about 70% of these wrongful convictions were due to witness misidentification. Many factors affect the accuracy of a witness’s testimony, including the concept of “verbal overshadowing,” in which the verbal reporting of a visual memory interferes with the subsequent recognition of the visual stimuli. The present study seeks to replicate Jonathan Schooler’s original findings with regard to this phenomenon (Schooler & Engstler-Schooler, 1990). The first experiment is focused on verbalizing a visual memory that is particularly hard to put into words: the memory of a face. The hypothesis for both the original …

Growing Ideas - Partnering With An Early Childhood Mental Health Consultant, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Early Childhood Mental Health Consultation (ECMHC) is a collaborative relationship between a mental health consultant and families, care and education professionals, and/or early care and education teachers. ECMHC strives to improve the ability of families, teachers, and care and education professionals to promote, sustain and restore healthy social and emotional development for all children. Early Childhood Mental Health Consultation approaches challenging situations with children from a problem solving perspective. ECMHC is not a therapeutic intervention: it occurs in the children's natural settings - child care, home, and school.

Growing Ideas - Early Childhood Mental Health Consultation, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Early Childhood Mental Health Consultation (ECMHC) is a collaborative relationship between a mental health consultant and family members, child care providers, early care and education teachers, and/ or child development professionals. ECMHC strives to improve the ability of families, teachers, and caregivers to promote, sustain and restore healthy social and emotional development for all children. It supports building and maintaining healthy working relationships between care and education professionals and families.

Interdisciplinary Research And Environmental Law, Caroline L. Noblet, Dave Owen

Publications

This Article considers the involvement of environmental law researchers in interdisciplinary research. Using a survey and a series of unstructured interviews, we explore environmental law professors’ level of interest in such research; the extent of their engagement in it; and the inducements and barriers they perceive to such research. We conclude that levels of engagement in such research are probably lower than they ought to be, and we therefore recommend steps that individuals and institutions could take to facilitate more and better interdisciplinary work. More generally, we conclude that some common critiques of interdisciplinary legal research rest on assumptions that …

Robin Hood Or Villain: The Social Constructions Of Pablo Escobar, Jenna Bowley

Honors College

Pablo Escobar was a Colombian drug lord and leader of the Medellin Cartel which at one point controlled as much as 80% of the international cocaine trade. He is famous for waging war against the Colombian government in his campaign to outlaw extradition of criminals to the United State and ordering the assassination of countless individuals, including police officers, journalists, and high ranking officials and politicians. He is also well known for investing large sums of his fortune in charitable public works, including the construction of schools, sports fields and housing developments for the urban poor. While U.S. and Colombian …

State-Level Government: An Evaluation Of Maine's Conflict Of Interest Laws And Amendments To Improve Transparency Through Financial Disclosure, Shelbe K. Lane

Honors College

In March of 2012, the State Integrity Investigation published a Corruption Risk Report Card for each state, giving them a grade on 14 different areas relating to government transparency. Based on those grades, the states were then ranked 1-50, with 50 being the worst in government transparency; Maine ranked 46th. This report card prompted my thesis which evaluated government transparency at the state level, with a particular focus on Maine. Based on my research I attempted to answer the following questions: What are the current statutes/regulations regarding conflict of interest for legislative and executive branch officials in Maine? What potential …

What You Should Know About "Right To Work" Laws, 2013 Update, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

This is a brief 2013 update to the Bureau of Labor Education’s (BLE) 2011 briefing paper, “The Truth about ‘Right to Work’ Laws.” As documented in the 2011 BLE paper, the term “right-to-work” is highly misleading, and many studies have shown that RTW laws are not helpful to the well-being of working people. “Right-to-work” does not protect against unfair firing, or promote equitable wages and decent working conditions. By undermining unions and the ability of labor and management to bargain freely, right-to-work laws weaken the ability of workers to protect their rights through a union contract. There are two major …

Working Waterfronts And The Czma: Defining Water-Dependent Use, Terra Bowling

Maine Sea Grant Publications

Water-dependent businesses, including marine transportation companies, seafood processing plants, commercial fishing, and charter boats, require infrastructure located on or adjacent to water to maintain their operations. The working waterfronts necessary to support these industries, such as slips, dry-docks, ramps, loading and unloading facilities, and warehouses, are often at risk of displacement by non-water-dependent uses like restaurants, hotels, retail, or residential housing. Traditional working waterfronts and the businesses that rely on them can be preserved, in part, through the incorporation of water-dependency definitions and requirements into state and local laws, regulations, and policies.

State Funding For Ports: Selected State Summaries And Links To Resources, Alexander Boswell-Ebersole, Thomas T. Ankersen

Maine Sea Grant Publications

The maritime industry in the United States, which plays a significant role in the economies of coastal states and the nation as a whole, involves a diverse variety of working waterfronts, ranging from large commercial ports that facilitate heavy industry to small-scale, traditional working waterfronts. Moreover, in many areas of the country, the economic and cultural identities of local communities depend almost exclusively on traditional working waterfronts. Unfortunately, land use and economic policy shocks, such as escalating coastal property values and taxes, increasing demands for non-water-dependent land uses, and complex and time-consuming permitting processes, currently threaten many working waterfronts. Since …

Mapping, Modeling, And The Fragmentation Of Environmental Law., Dave Owen

Publications

In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computer-based simulation modeling. Those advances have turned quantitative spatial analysis — that is, quantitative analysis of data coded to specific geographic locations — into one of the primary modes of environmental research. Researchers now routinely use spatial analysis to explore environmental trends, diagnose problems, discover causal relationships, predict possible futures, and test policy options. At a more fundamental level, these technologies and an associated field of theory are transforming how researchers conceptualize environmental systems. Advances in spatial analysis have had modest impacts upon …

Maine Lobster Fishermen Had Early Brush With Organized Labor, Charles A. Scontras

Bureau of Labor Education

In the current effort of Maine lobster fishermen to maintain and enhance their interest, John Drouin, a Cutler lobsterman and vice chairman of the Maine Lobster Advisory Council — a group of fishermen and dealers who work with the Department of Marine Resources to protect the industry — noted that Maine lobstermen operate as independent business owners, compared with Canadian lobster fishermen, who are represented by unions and thus exert greater influence against the processors. “Until the day comes when we become unionized or one big co-op, we are just 5,000 individuals,” Drouin said.

Oklahoma, Maine, Migration And The "Right To Work:" A Confused And Misleading Analysis, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The recent article released by the Maine Heritage Policy Center (MHPC), “The Case for Right-to-Work in Maine: Examining the Evidence in Oklahoma” (1/23/2012), attempts to make a case for the supposed benefits of a right-to-work (RTW) law in Maine, by discussing the case of Oklahoma’s RTW law, and then presenting a number of statistics on migration to Oklahoma, and from Maine to RTW states. However, a closer examination of this report reveals that it is based on highly questionable and misleading assumptions, and its assertions are based on incomplete data.

Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras

Bureau of Labor Education

Current legislative efforts to reform the unemployment compensation law (LD1725) by increasing penalties for fraud and tightening qualifications for benefits, e.g., removal of the exemption of vacation time as a factor in assessing benefits and lengthening the search for employment after six weeks rather than the current requirement of twelve weeks, triggers some historical images.

Working Conditions And Patient Safety: Safe Staffing In Maine's Hospitals, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

A growing body of research is now documenting how serious problems in the work environments of nursing care in American hospitals are posing a threat to patient safety, as well as contributing to shortages of nurses working in hospital settings and in greater job stress and burnout among nurses. A major factor in this picture, according to a major report by the National Institute of Medicine, is the issue of chronic understaffing among direct care nurses.

What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.

Critical Habitat And The Challenge Of Regulating Small Harms., Dave Owen

Publications

This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act’s prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law’s most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification …

Urbanization, Water Quality, And The Regulated Landscape, Dave Owen

Publications

Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States and potentially applicable across the nation. Specifically, the innovations involve using impervious cover TMDLs, residual designation authority, and collective permitting. More generally, the innovations involve transferring regulatory focus from end-of-the-pipe to landscape-based controls. I conclude that the innovations, while raising …

The Truth About "Right To Work" Laws, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

There are many misconceptions about “right-to-work” laws. This sounds like it would be a plus for working people. However, this term is misleading, and a distortion of the reality underlying it. Despite its name, right-to-work laws do not guarantee anyone a job, protect against unfair firing, guarantee equitable wages, or decent working conditions. By undermining unions and the ability of labor and management to bargain freely, right-to-work laws weaken the best job security protection workers have -- the union contract. Maine has rejected such a law a number of times in the past, including a 1948 referendum in which state …

Who Pays And Who Benefits: 21st Century Tax Reform For Maine, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Most people do not enjoy paying taxes, which are the primary source of revenue for governments at all levels, but most people also probably agree that ultimately, some kind of taxation is necessary. However, public support for taxes is greatly influenced by perceptions of whether tax systems are fair or equitable, and these perceptions are unfortunately not always based on factual information or clear understanding. The ongoing debate over Maine’s latest attempt at tax reform is no exception.

Responsible Contractors Help Build Thriving Communities, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

What is responsible contractor language, and why is it important? Public construction projects are often costly undertakings. In recent years, municipalities and schools are increasingly using responsible contractor policies to "set certain minimum employment standards" for bidding on construction work. In response to this trend, responsible contractor (RC) language is being developed and used to provide needed reform in the construction contract bidding process. According to a recent study of responsible contractor reforms, the public policy goal of these reforms is to "ensure that all contracts for public works are awarded to reputable, responsible finns that have the qualifications, resources …

The Minimum Wage: Two Generations Of Neglect Add Up, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Although a three-step raise in the Federal minimum wage that ended in July, 2009 is projected to generate a total of $10.4 billion in increased consumer spending,2 a survey of the wage situation in the U.S. today suggests that recent raises to the minimum wage are inadequate. Both Maine and the nation have been plagued by serious wage stagnation for many years. The overextended credit that helped fuel the recent economic crisis was exacerbated by what has been called a “collapse of hourly wage growth” by the Economic Policy Institute. In the longer term, the inflation-adjusted value of the minimum …

Update On Labor's Demographics, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

As in years past, unionization levels have continued to vary widely according to demographic and occupational characteristics of the U.S. workforce, as well as geographic region. The unionization level of the total employed U.S. wage and salary workforce is one measure. However, in order to obtain a more balanced perspective, it is also important to consider the specific levels of union membership in both public and private sector areas of employment, which play a significant role in the U.S. economy. Using data compiled and supplied by the U.S. Department of Labor, this briefing paper provides a statistical summary of unionization …