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How To Include Issues Of Race And Racism In The 1-L Torts Course: A Call For Reform, Jennifer Wriggins Jan 2021

How To Include Issues Of Race And Racism In The 1-L Torts Course: A Call For Reform, Jennifer Wriggins

Faculty Publications

Race and racism have always played a significant role in the U.S. tort system as research has long shown and as hundreds of published decisions demonstrate. Do torts casebooks reflect the importance of race and racism in torts? The article first surveys 23 torts casebooks published from 2016 to 2021 to see whether and to what extent they discuss race and racism. Most avoid discussions of race and racism in torts; and although they always discuss tort history, they omit the racial history of torts. Although publishers frequently issue new editions of torts casebooks, newer editions generally have not expanded …


Judge Frank M. Coffin: An Examined Life, Dr. Richard J. Maiman May 2020

Judge Frank M. Coffin: An Examined Life, Dr. Richard J. Maiman

Maine Law Review

No abstract provided.


Maine Corporation Law & Practice, Gregory S. Fryer Apr 2020

Maine Corporation Law & Practice, Gregory S. Fryer

Maine Law Review

The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …


Maine Corporation Law & Practice, Gregory S. Fryer Apr 2020

Maine Corporation Law & Practice, Gregory S. Fryer

Maine Law Review

The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …


Trial Handbook For Maine Lawyers, Joel C. Martin Apr 2020

Trial Handbook For Maine Lawyers, Joel C. Martin

Maine Law Review

Lawyers Cooperative Publishing has issued trial handbooks for practitioners in some twenty-three states. One now appears for Maine lawyers, under the supervision of Bob Stolt of the Maine Bar. Trial Handbook for Maine Lawyers is a single-volume compendium of Maine precedent and practice as they relate to trials. Excluding the discovery matters that precede the trial and the appeal that may follow it, the book focuses on the actual conduct of the trial, from jury selection to verdict and judgment. In between, it covers the necessary matters: opening statements, the order and burden of proof, examination of witnesses, evidence, damages, …


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.


Better By Design: Implementing Meaningful Change For The Next Generation Of Law Students, Rebecca Flanagan Mar 2019

Better By Design: Implementing Meaningful Change For The Next Generation Of Law Students, Rebecca Flanagan

Maine Law Review

This article presents a fictitious, utopian law school to challenge the assumption that legal education has met adequately the challenges of preparing law students for an evolving profession. By presenting the utopian ideal, the author highlights how adoption of best practices in learning and cognitive sciences could transform legal education from a highly criticized institution to a dynamic, self-transforming academy designed to meet the changing needs of students and the practicing bar.


Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac Nov 2018

Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac

Faculty Publications

The Legal Research Survival Manual with Video Modules, by Robert Berring and Michael Levy, is an eighty-seven-page book written in a conversational, informal tone, packed with all the information new legal researchers need to survive their early days in the law library. The book's intended audience are novice legal researchers, in particular first-year law students. The authors have filled the pages with sage advice but left out material novices are not likely to encounter during the first year of law school. The authors, with the help of two additional experts, have added twelve online videos readers can access for expanded …


Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy, Linda Morton May 2018

Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy, Linda Morton

Maine Law Review

There exists a historic conflict between the more traditional Langdellian philosophy of legal education, and the experiential philosophy of apprenticeship programs, now known as field placement programs. The conflict is most recently apparent in the American Bar Association's (ABA) attempts to impose a more traditional classroom format on field placement programs through its regulations, guidelines, and instructions pertaining to law school accreditation. The ABA argues that law schools need to allocate greater instructional resources toward their field placement programs, particularly programs that provide more than one-half a semester's credit. Such programs should include a classroom component that meets ABA guidelines. …


Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr. May 2018

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 Apr 2018

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 …


On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara Apr 2018

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 Apr 2018

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.


Maine Law Review Cumulative Index, Leigh Stephens Mccarthy Editor-In-Chief Apr 2018

Maine Law Review Cumulative Index, Leigh Stephens Mccarthy Editor-In-Chief

Maine Law Review

No abstract provided.


The University Of Maine School Of Law: An Archival History Of Its Founding And Accreditation, Michael J. Bresnick University Of Maine School Of Law Apr 2018

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 Apr 2018

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 Apr 2018

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 Apr 2018

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 Apr 2018

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 Apr 2018

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 Apr 2018

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 Apr 2018

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.


A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest Mar 2018

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated in the …


What Happened To The American Social Compact?, Robert B. Reich Mar 2018

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.”


Then And Now: A Perspective, Caroline D. Glassman Mar 2018

Then And Now: A Perspective, Caroline D. Glassman

Maine Law Review

I am very pleased to have been asked to speak to you tonight for it gives me, in the first instance, an opportunity to compare the status of women in the law when I entered law school with that in more current times. I do this without fear of contradiction for I can safely vouch for the fact that there is no other person present here tonight who was a woman law student 50 or so years ago.


Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow Mar 2018

Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow

Maine Law Review

I am not exactly sure why, but when I turned to think about legal education for today's conference, Mary Shelley's Frankenstein came to mind. It was not because of my own nightmares that my chosen profession as law professor involves turning ordinary people into monsters, although that's a thought we can explore perhaps over drinks. It was because of this comment Shelley makes in the book: “If the study to which you apply yourself has a tendency to weaken your affections, and to destroy your taste for those simple pleasures in which no alloy can possibly mix, then that study …


More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg Dec 2017

More Of The Same: Elitism And Exclusion At The Aals Annual Meeting, David E. Steinberg

Maine Law Review

At the Association of American Law Schools (AALS) meetings and in materials published by the Association, probably no one word appears more frequently than “diversity.” For example, the theme of the 2000 AALS Annual Meeting was A Recommitment to Diversity. In a 1986 essay titled Collegial Diversity, AALS President Susan Westerberg Prager wrote: “The different perspectives of our colleagues can illuminate other areas of research to give us new classroom direction.” And, in a 1996 statement on diversity adopted by the AALS Executive Committee, the committee stated that an objective of diversity was “to create an educational community—and ultimately a …


Ethics, Law Firms, And Legal Education, Milton C. Regan Jr. Dec 2017

Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.

Maine Law Review

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …


Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson Nov 2017

Irlafarc! Surveying The Language Of Legal Writing, Terrill Pollman, Judith M. Stinson

Maine Law Review

Language, like law, is a living thing. It grows and changes. It both reflects and shapes the communities that use it. The language of the community of legal writing professors demonstrates this process. Legal writing professors, who stand at the heart of an emerging discipline in the legal academy, are creating new terms, or neologisms, as they struggle to articulate principles of legal analysis, organizational paradigms conventional to legal writing, and other legal writing concepts. This new vocabulary can be both beneficial and detrimental. It can be beneficial because it expands the substance of an emerging discipline. It also can …