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Articles 1 - 13 of 13
Full-Text Articles in Law
Does The Constitution Allow Private Companies To Use Eminent Domain Against A State? Penn East Pipeline Co., Llc V. New Jersey, Crystal J. Anthony
Does The Constitution Allow Private Companies To Use Eminent Domain Against A State? Penn East Pipeline Co., Llc V. New Jersey, Crystal J. Anthony
Ocean and Coastal Law Journal
In 2021 the United States Supreme Court decided in the case PennEast Pipeline Co. v. New Jersey that Section 717(h) of the Natural Gas Act authorized the Federal Energy Regulatory Commission (FERC) to delegate the government’s eminent domain power to private companies. The Court’s decision allows a private company to condemn all “necessary rights-of-way,” whether privately-owned or state-owned land. This case note explores the history of the government’s eminent domain power and the states’ Eleventh Amendment immunity from lawsuits. The majority opinion in PennEast reasoned that the states waived their sovereign immunity at the ratification of the Constitution. Thus, according …
Maine Lobstermen And The North Atlantic Right Whale: The Ongoing Conflict And The Obvious Solution, Allison K. Briggs
Maine Lobstermen And The North Atlantic Right Whale: The Ongoing Conflict And The Obvious Solution, Allison K. Briggs
Ocean and Coastal Law Journal
The majestic North Atlantic right whale is on the brink of extinction. With fewer than seventy breeding females left, every loss contributes to a decrease in biodiversity and brings us closer to an unrecognizable planet. Like most critically endangered species, the plummeting number of North Atlantic right whales is a direct result of human activity. Specifically, gear used by the lobster fishing industry is entangling and killing right whales off the coast of Maine. The federal Endangered Species Act, meant to protect vulnerable species like the North Atlantic right whale, is violated every time the State of Maine permits Maine …
United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman
United States V. Safehouse: The Future Of Supervised Consumption Sites In Maine And Beyond, Jeff P. Sherman
Maine Law Review
People who use drugs are dying at an unprecedented rate. However, many of these deaths can be prevented. When a person experiencing an opioid overdose is timely treated with naloxone and oxygen the overdose is reversed. Access to a supervised consumption site—a place where people can use pre-obtained drugs in the safety and presence of others—ensures that when a person overdoses, they receive this life-saving treatment. In response to a proposed supervised consumption site in Philadelphia, the Department of Justice sued to prevent it from opening. The government claimed that the facility, called “Safehouse,” would violate 21 U.S.C. § 856(a)(2) …
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook
After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook
Maine Law Review
When someone presents to an emergency room with a mental illness manifesting in danger to themselves or others, they can be admitted against their will on an emergency basis to inpatient mental health care through a process colloquially known as a Blue Paper application. However, when an inpatient bed is not immediately available, patients are “boarded” against their will in emergency rooms with little to no therapeutic care, sometimes for several weeks at a time before they are transferred to inpatient care, or their condition stabilizes enough for them to be discharged into the community. In February 2020, a man …
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
Maine Law Review
While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental and physiological challenges as …
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles
Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles
Maine Law Review
Multiple nations within the Wabanaki Confederacy, including the Maliseet Nation, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, were signatories to the July 19, 1776 Treaty of Watertown, which was the first ever treaty entered into by the United States of America following the Declaration of Independence. Following the Treaty of Watertown, Wabanaki warriors served directly under General George Washington and made critical contributions in support of the Americans’ Revolutionary War. Such contributions were made based on the Americans’ promise that the Wabanaki Nations’ lands, natural resources, and traditional ways of life would be forever protected by the fledgling United States. …
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Ethno-Nationalism And Asylum Law, Anna R. Welch, Emily L. Gorrivan
Maine Law Review
The myth that asylum laws were once more equitable and humanitarian is belied by the reality of the system’s racist origins. This Essay explains that the U.S. asylum system, like much of the U.S. immigration system, was designed to disadvantage people of color. Indeed, although former President Trump’s reference to Haiti, El Salvador, and African nations as “shithole countries” while advocating for immigration from “countries like Norway” exacerbated systemic challenges, racism has been deeply ingrained in the U.S. asylum system since its inception. Not only do U.S. laws and policies have a disparate impact on black asylum seekers but, when …
Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal
Revisiting The Visitor: Maine's New Uniform Probate Code & The Evolving Role Of The Court-Appointed Visitor In Adult Guardianship Reform, Lisa Kay Rosenthal
Maine Law Review
A judge may appoint a guardian for an adult who does not have the capacity to make decisions affecting their own health or welfare. However, the power of the guardian—while intended to serve a protective function—potentially invites financial, physical, and emotional abuse of the most vulnerable members of society. To help a probate judge understand the circumstances of a guardianship and the need for protection, probate courts in Maine appoint a “visitor” to interview both the person allegedly in need of a guardianship and the proposed guardian. The visitor submits a report to the court which contains the visitor’s observations, …
Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera
Taking The "Fam" Out Of Family: Adjudicating The State Department's Discriminatory Treatment Of Same-Sex Parents On The Merits, Camrin M. Rivera
Maine Law Review
Cisgender same-sex male married couples, unlike cisgender opposite-sex married couples, will always require artificial reproductive technology (ART) for at least one of the spouses to attain biological parenthood. Due to legal and financial barriers to ART, many of these couples turn to international ART services to grow their families. In doing so, these families may face immigration battles when they apply for recognition of their child’s United States citizenship. For example, a prior State Department policy sparked three lawsuits after the State Department refused to recognize children as United States citizens from birth because the children were not biologically related …
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Patient Decision Aids Improve Patient Safety And Reduce Medical Liability Risk, Thaddeus Mason Pope
Maine Law Review
Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an even minimal understanding of their treatment options. But there is hope. Substantial evidence shows that patient decision aids (PDAs) and shared decision making can bridge the gap between the theory and practice of informed consent. These evidence-based educational tools empower patients to make decisions with significantly more knowledge and less decisional conflict than clinician-patient discussions …
Narrowing Data Protection's Enforcement Gap, Filippo Lancieri
Narrowing Data Protection's Enforcement Gap, Filippo Lancieri
Maine Law Review
The rise of data protection laws is one of the most profound legal changes of this century. Yet, despite their nominal force and widespread adoption, available data indicates that these laws recurrently suffer from an enforcement gap—that is, a wide disparity between the stated protections on the books and the reality of how companies respond to them on the ground. Indeed, Appendix I to this Article introduces a novel literature review of twenty-six studies that analyzed the impact on the ground of the GDPR and the CCPA: none found a meaningful improvement in citizen’s data privacy. This raises the question: …
Editorial Board Vol. 74 No. 1 (2022), Blake E. Mccartney Editor-In-Chief
Editorial Board Vol. 74 No. 1 (2022), Blake E. Mccartney Editor-In-Chief
Maine Law Review
No abstract provided.
Toxic Public Goods, Brian L. Frye
Toxic Public Goods, Brian L. Frye
Maine Law Review
Everybody loves public goods. After all, they are a perpetual utility machine. Obviously, we want as many of them as possible. But what if the consumption of a public good actually decreases net social welfare? I refer to this kind of public good as a "toxic public good." In this essay, I discuss three kinds of potential toxic public goods: trolling, pornography, and ideology, and I reflect on how we might make the production of toxic public goods more efficient.