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Articles 1 - 30 of 61
Full-Text Articles in Law
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan
Solemn Vow: Solum's Originalism, Treaties, And Tribal Sovereignty In Castro-Huerta, Liam T. Sheridan
Maine Law Review
In Oklahoma v. Castro-Huerta, the Supreme Court held that states have inherent authority to prosecute crimes committed by non-Indians in “Indian country.” Only two years earlier, the Court in McGirt v. Oklahoma held that most of eastern Oklahoma was Indian country, and thus immune from any state criminal jurisdiction. Castro-Huerta limited this immunity and narrowed the Court’s view of tribal sovereignty as a whole. The majority represented the Court’s originalist faction—minus Justice Gorsuch, who had penned both the majority opinion in McGirt and the dissent in Castro-Huerta. The majority and dissent disagreed over whether federal statutes preempted Oklahoma’s criminal jurisdiction. …
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg
Faculty Publications
Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. …
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Maine Law Review
Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct …
Judge, J. Peter Byrne
Judge, J. Peter Byrne
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
An Advocate's Perception, Margaret D. Mcgaughey
An Advocate's Perception, Margaret D. Mcgaughey
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
A Tribute To Judge Coffin, Stephen Breyer
A Tribute To Judge Coffin, Stephen Breyer
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
Judge Frank M. Coffin, Edmund S. Muskie
Judge Frank M. Coffin, Edmund S. Muskie
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley
State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley
Maine Law Review
Twenty-one years ago, in Weeks v. State, the Maine Supreme Judicial Court, sitting as the Law Court, adopted a rule to prevent judicial vindictiveness when resentencing defendants who had successfully appealed their conviction and been reconvicted. The Weeks court adopted as a state due process protection the United States Supreme Court's rule laid down the preceding year in North Carolina v. Pearce. The Pearce rule provides that harsher resentencing of such defendants creates a presumption of constitutionally prohibited vindictiveness unless the harsher sentence is explicitly based on some identifiable misconduct by the defendant since the prior sentencing. Thus, the Law …
Vincent L. Mckusick And The Maine Rules Of Civil Procedure: A Thirty-Five Year Perspective, L. Kinvin Wroth
Vincent L. Mckusick And The Maine Rules Of Civil Procedure: A Thirty-Five Year Perspective, L. Kinvin Wroth
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished …
Structure Of The Maine Court System, 1956-1991, Edward S. Godfrey
Structure Of The Maine Court System, 1956-1991, Edward S. Godfrey
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished …
Law As Integrity: Chief Justice Mckusick's Common Law Jurisprudence, Eric R. Herlan
Law As Integrity: Chief Justice Mckusick's Common Law Jurisprudence, Eric R. Herlan
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished …
Vincent L. Mckusick: Chief Justice Of The Maine Supreme Judicial Court, Fred C. Scribner Jr.
Vincent L. Mckusick: Chief Justice Of The Maine Supreme Judicial Court, Fred C. Scribner Jr.
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished …
The National And International Outreach Of Justice Vincent L. Mckusick, Roswell B. Perkins
The National And International Outreach Of Justice Vincent L. Mckusick, Roswell B. Perkins
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished …
Vincent L. Mckusick, William H. Rehnquist
Vincent L. Mckusick, William H. Rehnquist
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished …
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Maine Law Review
Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct …
Judicial Partisanship In A Partisan Era: A Reply To Professor Robertson, Dmitry Bam
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 …
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.
Reclaiming A Great Judge's Legacy, Frank M. Coffin
Reclaiming A Great Judge's Legacy, Frank M. Coffin
Maine Law Review
In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …
The Use Of American Precedents In Canadian Courts, Gerard V. La Forest
The Use Of American Precedents In Canadian Courts, Gerard V. La Forest
Maine Law Review
In 1849, the Supreme Court of New Brunswick faced the issue of whether there was a public right to float logs on navigable streams. Not surprisingly, no general right was found in the English common law as large scale floating of lumber down rivers did not exist in England. “Yet in a young country like Canada, the right to float logs and timber was an economic necessity in many areas and some device had to be found to make the activity legal.” To find that legal device, the New Brunswick court turned to the United States, specifically to Maine, and …
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
Maine Law Review
If one were to ask the members of the Maine legal community to define the term “judicial temperament,” many would answer the question simply by referring to Frank Coffin. Judge Coffin's newest book, On Appeal: Courts, Lawyering, and Judging, illustrates why the Judge has earned such overwhelming respect. This highly personal work permits readers a glimpse “behind the scenes” at the judicial life of a man who has forged a highly successful career of public service marked by sensitive, fair, and well-reasoned decision-making and by good-humored, collegial relationships with all of his colleagues in the legal community and beyond.
On Appeal: Courts, Lawyering, And Judging, John P. Frank
On Appeal: Courts, Lawyering, And Judging, John P. Frank
Maine Law Review
Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.
Honorable John D. Clifford, Jr. A Memoir By His Three Law Clerks, Frank M. Coffin, L. Damon Scales Jr., Richard E. Poulos
Honorable John D. Clifford, Jr. A Memoir By His Three Law Clerks, Frank M. Coffin, L. Damon Scales Jr., Richard E. Poulos
Maine Law Review
The domain over which United States District Judge John D. Clifford, Jr. presided from 1947 until his death in 1956 was very different from what it is today. Anyone could walk into the federal courthouse in Portland. Security guards were unknown, and lawyers, litigants, and passers-by were free to come and go. A leisurely air pervaded all the court offices. There was no hurry. This was an era when there were only two lawyers in the United States Attorney's office: the United States Attorney and his one assistant.
The University Of Maine School Of Law: An Archival History Of Its Founding And Accreditation, Michael J. Bresnick University Of Maine School Of Law
The University Of Maine School Of Law: An Archival History Of Its Founding And Accreditation, Michael J. Bresnick University Of Maine School Of Law
Maine Law Review
When University Trustees appointed Edward S. Godfrey Dean of the new University of Maine School of Law on January 16, 1962, they did so with the expectation that he would lead the school to accreditation by the American Bar Association (ABA) as quickly as possible. Dean Godfrey proceeded with the complete support of University of Maine President Lloyd H. Elliott and senior administrative officials. By the spring of 1962 the new Dean had begun to staff and equip the school. His efforts were well-rewarded. The ABA House of Delegates provisionally approved the School of Law in February 1964. The speed …
Ed Godfrey And The University Of Maine School Of Law, Donald N. Zillman University Of Maine School Of Law
Ed Godfrey And The University Of Maine School Of Law, Donald N. Zillman University Of Maine School Of Law
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.
Justice Edward Godfrey And The Role Of The Trial Judge In The Criminal Process, Melvyn H. Zarr University Of Maine School Of Law
Justice Edward Godfrey And The Role Of The Trial Judge In The Criminal Process, Melvyn H. Zarr University Of Maine School Of Law
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.
Justice Godfrey And The Rules: Procedure As Substance, L. Kinvin Wroth
Justice Godfrey And The Rules: Procedure As Substance, L. Kinvin Wroth
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.
Ed Godfrey: The Justice, The Person, And Some Cases On Property, Merle W. Loper
Ed Godfrey: The Justice, The Person, And Some Cases On Property, Merle W. Loper
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.
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.
Of Judicial Review, High Standards And Edward S. Godfrey, David P. Cluchey
Of Judicial Review, High Standards And Edward S. Godfrey, David P. Cluchey
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.
Edward Settle Godfrey Iii Associate Justice, Maine Supreme Judicial Court August 18, 1976 - September 1, 1983, Vincent L. Mckusick
Edward Settle Godfrey Iii Associate Justice, Maine Supreme Judicial Court August 18, 1976 - September 1, 1983, Vincent L. Mckusick
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.