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The Future Of The Public Trust: The Muddied Waters Of Rockweed Management In Maine, Sarah M. Reiter, Dillon Post, Lisa Wedding, Aaron L. Strong Oct 2020

The Future Of The Public Trust: The Muddied Waters Of Rockweed Management In Maine, Sarah M. Reiter, Dillon Post, Lisa Wedding, Aaron L. Strong

Ocean and Coastal Law Journal

Seaweeds, or more properly, intertidal macroalgae have never been easy to classify—by law or by science: they are not part of the animal kingdom, nor part of the plant kingdom (and scientific controversies about their phylogenetic placement abound), they are not completely on terra firma, nor completely submerged in ocean water. One such organism that exists at the space in between land and sea—the brown alga commonly known as Rockweed (Ascophyllum nodosum) presents an intriguing legal question with implications that extend far beyond the shoreline. Recently, in Ross v. Acadian Seaplants Ltd. , the Supreme Judicial Court of Maine (Court) …


Access For The Future: Improving Maine's Implementation Of The Public Trust Doctrine Through Municipal Controls To Ensure Coastal Access For Continuing Benefit To Maine's People And Economy, Allison M. Kuhns Oct 2020

Access For The Future: Improving Maine's Implementation Of The Public Trust Doctrine Through Municipal Controls To Ensure Coastal Access For Continuing Benefit To Maine's People And Economy, Allison M. Kuhns

Ocean and Coastal Law Journal

The public trust doctrine generally guarantees the public access to the shoreline, which is held in trust for the public by the state. In Maine, a pre-Revolutionary War ordinance limits the public trust doctrine by granting private landowners rights to the same shoreline areas. Access to the shoreline area is subject to frequent legal battles and court decisions have not cured the conflict between the public's rights and the private landowners' rights. Maine's economy relies heavily on public access to the shoreline. This comment suggests that the public's rights should be protected. First, the public trust doctrine does not violate …


Why Coastal Maine Needs A Wrap Around Drug Court, Haley K. Hunter Oct 2020

Why Coastal Maine Needs A Wrap Around Drug Court, Haley K. Hunter

Ocean and Coastal Law Journal

Opioid use and abuse is a national crisis that has taken its toll on small Maine communities. Among those hardest hit, are the small coastal communities that are the heart of Maines lobster and fishing industries. These areas are remote, and do not have the resources to deal with the opioid crisis as it continues to grow, which could have detrimental effects on an industry that makes up a large part of Maine’s economy. Further, while many lobstermen and fishermen suffer from opioid addiction, very few seek help or treatment for the disease. This comment suggests that the Maine judicial …


Ten Years Of Tidal Energy Experience With The Maine Ocean Energy Act, John Ferland Oct 2020

Ten Years Of Tidal Energy Experience With The Maine Ocean Energy Act, John Ferland

Ocean and Coastal Law Journal

The State of Maine is ten years into a compelling and sweeping economic vision, called the Ocean Energy Act. This Act was established to create a new renewable energy industry out of the Gulf of Maine. This paper focuses specifically on the tidal energy development experience under the Act. It explains the background about the Act’s intent, documents the actual experience of tidal energy development in the Maine economy, and predicts how the industry might unfold over the next decade.


The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau Apr 2020

The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau

Maine Law Review

In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys to …


Vincent L. Mckusick And The Maine Rules Of Civil Procedure: A Thirty-Five Year Perspective, L. Kinvin Wroth Apr 2020

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 Apr 2020

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 Apr 2020

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. Apr 2020

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 Apr 2020

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 Apr 2020

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 …