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Full-Text Articles in Law

Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue Oct 2017

Mcgarvey V. Whittredge: Continued Uncertainty In Maine's Intertidal Zone, Benjamin N. Donahue

Maine Law Review

In 2008, William McGarvey and Mary Klientop filed a declaratory judgment seeking a determination that their neighbor, Jonathan Bird, had no right to cross their intertidal land to reach the ocean to scuba dive. McGarvey and Kleintop own property that borders Passamaquoddy Bay in the Town of Eastport. As owners of oceanfront property in Maine, their title extends through the intertidal zone to low water mark in fee simple. The intertidal land they own also stretches in front of Bird’s property, bordering his property just below the high water mark. This configuration creates a strip that separates Jonathon Bird’s property …


Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta Sep 2017

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land & Resources Law Review

No abstract provided.


Sensitizing Humans To Fish Sentience, Kelly Levenda Jan 2017

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience

Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.


Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman Dec 2016

Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman

Stephen M. Feldman

Postmodern jurisprudence was all the rage in the 1990s.  Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves--independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article.  Then Fish and Schlag turned on each other.  Each attacked the other for making the same mistake: harboring a modernist self.  I revisit this skirmish for two reasons.  First, it helps explain the current moribund state of postmodern jurisprudence.  If two of the leading postmodernists could not avoid embedding …