Law Commons^™

Protection Of Constitutional Guarantees Under 42 U.S.C. Section 1985(3): Operation Rescue's "Summer Of Mercy", Georgia M. Sullivan

Washington and Lee Law Review

No abstract provided.

Courting Public Opinion, Ross Sandler

Other Publications

No abstract provided.

Economics And The Environment: Trading Debt And Technology For Nature, Catherine O'Neill, Cass R. Sunstein

Faculty Articles

In this article, Professor O’Neill and Professor Sunstein first explore and suggest improvements in current debt-for-nature swaps, with the ultimate aim of defending the use of economic incentives and Paretian principles in the context of international environmental policy. Second, they examine some of the limitations of the exchange of debt for nature, and thus suggest an alternative exchange that overcomes those limitations. The exchange they envision is quite simple. Developed nations would transfer to developing nations environmentally advanced technologies, particularly technologies designed to increase efficient energy use or to replace non-renewable sources with renewable sources of energy. In return, developing …

Law And Literature: Representing Lesbians, Anne B. Goldstein

Faculty Scholarship

What is involved in representing a lesbian in law or in literature? The premise of this Article is that the work of novelists is enough like the work of lawyers that useful insights can be drawn in at least one direction. That is, lawyers can learn how to represent lesbian clients better by studying books with lesbian characters.

Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo

St. Mary's Law Journal

After two decades of restrictive policies regarding foreign involvement, Mexico is transforming its legal and regulatory structure. The progression of foreign investment, technology transfer, and industrial property laws and regulations is revealing. The significance of the overhaul of the industrial property and technology transfer framework in Mexico is evident considering the historical context in which it developed. With these reforms in place, Mexico significantly improved the conditions for placing U.S. franchises across the border. Mexico decreased tariff rates, eliminated import licenses for numerous products, and divested over half of the businesses previously owned or operated by the state. It also …

Maquiladoras: Will The Program Continue., Cheryl Schechter, David Brill Jr.

St. Mary's Law Journal

This Article will discuss the industry and relevant aspects of the legal framework which evolved into the modern maquiladora operation. It will also analyze the possible impact of the ongoing North American Free Trade Agreement (NAFTA) negotiations on the Mexican maquiladora industry. In the late seventies and early eighties, Mexico plunged into an economic crisis brought on in part by its almost exclusive dependence on oil exports. The extreme drop in the international oil market forced the country to restructure its economy with a greater emphasis on manufacturing for export. Mexico’s maquiladora program played a key role in this aspect …

Transborder - Road Transportation., H.N. Cunningham Iii

St. Mary's Law Journal

This Article is intended to serve as a primer for attorneys representing clients engaged in shipping, receiving, and transporting merchandise between points in the United States of Mexico (Mexico) and the United States of America. A “crazy quilt” of laws and regulations govern the rights, duties, and obligations of persons engaged in these activities. These laws include not only the constitutions and statutes of two independent nations, but also the laws and regulations of their various political subdivisions as well. Due to the breadth of this material, this Article’s treatment of the subject is general, providing an overview of the …

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

Admissibility Of A Rape Victim's Prior Sexual Conduct In Texas: A Contemporary Review And Analysis., James A. Vaught, Margaret Henning

St. Mary's Law Journal

The treatment of rape victims in criminal prosecutions has become and remains a matter of intense public and legal interest in America. The conventional use of evidence of a rape complainant's prior sexual history in rape prosecutions was a major focus of the rape reform movement. A major consequence of the movement for reform is the federal government and forty-nine states enacting rape shield laws limiting the admissibility of evidence concerning the complainant’s sexual history in rape prosecution. This article analyzes the admissibility of evidence of a rape complainant’s prior sexual conduct from its common law origins concentrating on the …

An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson

St. Mary's Law Journal

Kent v. United States was the first in a series of majority decisions by the United States Supreme Court which fixed constitutional minimum requirements for the juvenile justice system. This decision follows case law establishing the adjudication phase of the process: a right to notice of charges, to confrontation and cross-examination of witnesses, not to be compelled to incriminate oneself, and to counsel. Shortly afterwards, the Court established the constitutional requirement the government must prove its charges in juvenile court beyond a reasonable doubt. Finally, the Court determined the Double Jeopardy Clause of the Constitution applies in the juvenile process. …

Legal Malpractice Committed While Working On Cases Which Result In Litigation Tolls The Statute Of Limitations For The Malpractice Claim Until All Appeals For The Underlying Causes Of Action Are Exhausted., Dina Bernstein

St. Mary's Law Journal

Abstract Forthcoming.

Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham

St. Mary's Law Journal

Abstract Forthcoming.

Living In Limbo: Single Asset Reorganizations Within The Financially Distressed Fifth Circuit., Thomas J. Meaney

St. Mary's Law Journal

Abstract Forthcoming.

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly

St. Mary's Law Journal

Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …

Alumni Quarterly - Issue No. 42, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Frank M. Coffin Lectureship Established
• Faculty News
• The Class of 1991
• Law School Hosts Forensic Child Psychiatry Workshop
• Annual Dinner

Alumni News

Alumni Quarterly - Issue No. 43, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Law School Names Board of Visitors
• Moot Court Team Wins National Competition
• Teaching Law at the United States Military Academy
• Alumni News

Alumni Quarterly - Issue No. 44, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• The Third Year Program Ethics and Class Action Suits
• Faculty News
• Commencement 1992
• Alumni News

Alumni Quarterly - Issue No. 45, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• First Coffin Lecture to Feature Speech by Joseph Rauh
• Faculty News
• Judge Frank M. Coffin: Two Perspectives
• Alumni News

'Peace: A Gift Of God, A Human Task': Toward A Liberation Theology For Northern Ireland, David Miles Moore

Honors Theses

PREFACE: I would have to cite the five months I spent in Cork, Ireland as the biggest motivating factor behind this paper. I knew next to nothing about Northern Ireland before this period. Soon after my arrival in Cork, however, I became fascinated with the socio-religious anomaly to the north of me. Since I became a religion major at Colby, I have always been interested in liberation theology. As I read about the poverty, injustice and violence that pervades Northern Ireland, I was reminded of the context in which Gustavo Gutierrez, Tissa Balasuriya, and Elsa Tamez write and live. The …

Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Precaution, Participation And The "Greening" Of International Trade Law, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

A Qualitative Theory Of The Dead Hand, William K.S. Wang, Adam J. Hirsch

Faculty Scholarship

No abstract provided.

Rorty, Radicalism, Romanticism: The Politics Of The Gaze, Joan C. Williams

Faculty Scholarship

No abstract provided.

Integrated Environmental Control: The Expanding Matrix, Lakshman Guruswamy

Publications

Professor Guruswamy addresses the configuration of forces creating global warming, and canvasses the action necessary to deal with this challenge. He identifies key reasons accounting for the failure of the United States to take adequate measures to control emissions of carbon dioxide at the national level, and for resisting international attempts to do so. Guruswamy argues that the problem of global warming should be dealt with within the framework of Integrated Environmental Control (IEC)--a radical approach to pollution prevention and modification of product demand. He reasons that by encompassing energy policy within the matrix of pollution control, IEC will promote …

The Seven Virtues Of Judging: Alvin Rubin's Civil Rights Opinions, David I. Levine

Faculty Scholarship

No abstract provided.

Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Fee-Shifting Offers Of Judgment–An Approach To Reducing The Cost Of Litigation, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Introduction To The Problems Of Acquiring Properties From Partnerships, Corporations, Estates, And Trusts, William T. Hutton

Faculty Scholarship

No abstract provided.

Introduction: The Duty Of Keeping Political Power Separated, Calvin R. Massey

Faculty Scholarship

No abstract provided.

The New Wave Of Hearsay Reform Scholarship, Roger C. Park

Faculty Scholarship

No abstract provided.