Law Commons^™

Maine Refuses To Recognize A Cause Of Action For Loss Of Parental Consortium: Durepo V. Fishman, Nancy Wanderer Mackenzie

Maine Law Review

In Durepo v. Fishman, two minor children filed suit to recover for the loss of parental consortium resulting from injuries allegedly suffered by their mother when she was negligently treated by a physician. The defendant moved to dismiss the claim for failure to state a claim upon which relief can be granted. The trial court granted the motion, and the plaintiffs appealed to the Supreme Judicial Court of Maine, sitting as the Law Court. The case invited the Law Court to declare for the first time in Maine whether a minor child should possess an independent right of action for …

Coping With Confusion: A Unitary Procedure For Judicial Review Of The Referendum Process, Daniel L. Cummings

Maine Law Review

Although our state and national political systems are models of representative government, the Maine Constitution provides an important mechanism for direct democracy. Indeed, the people of Maine expressly reserve in the state constitution "power to propose laws and to enact or reject the same at the polls independent of the Legislature." Maine people propose such laws by means of the referendum process. Use of the referendum has become an increasingly widespread mechanism for addressing pervasive societal concerns such as land use regulation, environmental policy and public health issues. The prevalence of interest group politics undoubtedly influences Maine's electorate to use …

Federal Nuclear Policy And The 1987 Maine Nuclear Referendum: Viable Initiative Or Legal Cul-De-Sac?, David P. Crocker

Maine Law Review

On November 3, 1987, Maine voters once again rejected a proposal which would have forced closure of the Maine Yankee nuclear power plant, the state's only nuclear utility. The vote was the most recent in a series of attempts to close the plant, utilizing the vehicle of popular referendum. This latest initiative was in large part a consequence of intense public outcry against the possible location of a permanent nuclear waste repository in the state. It is therefore uniquely and personally linked to current passions concerning the future of nuclear electrical generation in the nation. The previous referenda to close …

General Discretion Under Maine's Site Location Of Development Law, Tybe Ann Brett

Maine Law Review

The 1960s brought nationwide concern about the environmental impact of post-World War II development and industrial growth. Efforts to protect the environment took many different forms. Part of Maine's response to the growing need for environmental improvement measures was the Legislature's enactment in 1970 of the Site Location of Development Law (Site Law). The Site Law gives the state control over the location of developments that would substantially affect the environment, rather than leaving such decisions to single towns and individual developers. The Law also addresses concerns beyond those dealt with in air and water pollution control legislation. The Site …

Allocating The Gst Exemption Under The Generation-Skipping Transfer Tax, Michael B. Lang

Maine Law Review

One of the most significant aspects of the Tax Reform Act of 1986 for estate planners was the retroactive repeal of the original 1976 generation-skipping transfer (GST) tax and the enactment of an entirely new generation-skipping transfer tax. The new generation-skipping transfer tax, unlike the 1976 version, generally applies to transfers that constitute "direct skips," such as outright gifts to grandchildren. Like the earlier tax, the new tax also applies to "taxable terminations,” such as a termination of the life estate of the transferor's child resulting in the grandchild receiving possession of the transferred property in fee simple under the …

Brief Of Lindsay And Matt Moroun Religious Liberty Clinic As Amicus Curiae In Support Of Petitioners, John A. Meiser, Domenic Canonico

Court Briefs

No. 24-319
Roman Catholic Diocese of Albany v. Adrienne A. Harris

On Petition for a Writ of Certiorari to the New York State Court of Appeals

From the Summary of Argument

New York’s abortion-coverage mandate requires many faith-based organizations to violate their deeply held religious beliefs about the sanctity of life. The exemption New York offers to only a narrowly drawn, ill-defined subset of preferred religious groups does not remedy that dramatic intrusion into free exercise rights. Indeed, it only compounds the problem.

Maurer School Of Law Professor, Iu Vice President Elected President Of The American Society Of Comparative Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The American Society of Comparative Law has elected Indiana University Maurer School of Law Professor Hannah L. Buxbaum as its next president, the organization announced last week at its annual meeting.

Buxbaum is an internationally recognized scholar in the areas of private international law and international litigation and jurisdiction, and has most recently served as vice president of the ASCL. She is the John E. Schiller Chair in Legal Ethics at the Law School as well as Indiana University’s Vice President for International Affairs.

Vol. 67, No. 08 (October 21, 2024)

Indiana Law Annotated

No abstract provided.

Where Is China Now On Pillar 2?, Reuven S. Avi-Yonah

Articles

China has been relatively quiet about pillar 2 of the G20/OECD base erosion and profit-shifting 2.0 project. In a recent Tax Notes article, Xiaoli Ortega wrote:

Will China join the global tax reform club? If so, when? Although the Chinese government has made repeated positive statements about the importance of the global minimum tax reform, it has not clarified when it would modify its domestic tax laws to incorporate the pillar 2 rules. However, this does not mean that China is not preparing itself for the reform. Recall that on August 1, 2022, the State Taxation Administration issued a governmental …

The Biden Administration’S Negotiations With Pharmaceutical Companies, Isabel Anthony

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Biden administration has conducted the government’s first ever negotiations with pharmaceutical companies on the cost of life saving drugs. They have been able to negotiate prices down by nearly 80%. The drugs at the center of negotiations are ones that people are prescribed for years at a time in order to manage illnesses such as heart disease, Crohn’s disease, and more. In order to conduct these negotiations, the Biden administration used march-in rights built into the Bayh-Dole Act.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict …

10.21.2024 Orsp Connect, Liz Williamson

ORED Newsletter

Jerry Martin

NIH Grants Process Primer Training

Nature Masterclasses Writing a Review Paper Course

Pizza Hut L.L.C. V. Pandya: Exploring The Validity Of Pre-Dispute Jury Waivers, Logan Allen

Texas A&M Law Review

This Note analyzes a 2023 Fifth Circuit opinion concerning whether a contractual pre-dispute jury waiver is enforceable utilizing the knowing and voluntary factors and when challenged under general fraud allegations. The Fifth Circuit incorrectly weighed two of the voluntary and knowing factors—conspicuousness and unequal bargaining power—to be in favor of enforcing the jury waiver when the facts of the case and prior case law prove otherwise. The Fifth Circuit should have first applied a historical analysis in analyzing a constitutional right, but the court was reasonable in applying the arbitration rule to jury waiver provisions because waiving a jury right …

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from an order granting summary judgment and denying a petition for postconviction relief, Case No. 170100200, in the First Judicial District Court, Box Elder County, the Honorable Spencer Walsh presiding.

DAVID FERGUSON, Counsel for Appellant

ERIN RILEY, SEAN D. REYES, Counsel for Appellee

The Bauer Lecture With Judge Asim Rehman, Cardozo Law Review

2024–2025 Flyers

No abstract provided.

The Public In Action: The Potential For Public Inquiries To Realize Deliberative Democracy A Case Study Of The Mass Casualty Commission, Grace Bryson

Dalhousie Journal of Legal Studies

Public inquiries have the potential to promote deliberative democracy. However, the current structure and procedures employed in public inquiries do not promote this goal. Rather, the procedures are based in adversarial methods that do not align with the diverse functions of public inquiries. This paper addresses these procedural shortcomings and seeks to encourage more fulsome public participation. Using the Mass Casualty Commission in Nova Scotia as a case study, this paper proposes procedural changes that could enhance the role of the public in future inquiries to lead to transformative and beneficial policy change.

Abuse Of Right To Divorce And Voluntary Separation : Prospects For Compensation In Uae Law - Analytical Study, Hani Ahmad Dalati

Thesis/ Dissertation Defenses

This study aims to explore the possibility of compensation for the abuse of the right to divorce and voluntary separation under the current UAE law. The study begins by identifying the cases excluded from the scope of abuse, with the objective of accurately defining the cases that warrant compensation. It examines the potential forms of abuse in the context of divorce and voluntary separation, and addresses the adequacy of current legal standards in assessing appropriate compensations.
The study employed an analytical methodology to achieve its objectives, analyzing relevant texts in the Personal Status Law and Civil Transactions Law, along with …

Divisive Concepts Legislation: Perceptions Of Georgia Social Studies Teachers, Karen Terry, Forrest R. Parker Iii

Teaching Social Studies in the Peach State

This study examines Georgia social studies teachers' perceptions of House Bill 1084, which seeks to limit the teaching of divisive topics in K–12 classrooms. With growing concerns nationwide about how educators address controversial subjects, this bill represents Georgia's stance in the debate, potentially affecting social studies teaching in the state.

The research employs a survey-methods approach, focusing on Georgia's social studies teachers. Using a Delphi method, a pilot survey was first distributed to gather feedback and refine the survey. The study aims to understand teachers' views on House Bill 1084, its impact on their teaching practices, and its broader implications …

Professor Matthew Wansley Quoted In The Washington Post About Tesla Self-Driving Car Federal Investigation, Matthew Wansley

Cardozo News 2024

“Matthew Wansley, a professor at Yeshiva University’s Cardozo School of Law in New York who specializes in emerging automotive technologies, said the new investigation could be linked to Tesla’s decision to prioritize cameras in its automated systems. Other kinds of sensors like radar and the laser-based lidar can help detect obstacles even when visibility is poor. Musk has previously said that lidar was unnecessary and that automakers who relied on it were ‘doomed.’

U.S. Court Of Appeals For The Seventh Circuit To Hold Oral Argument At The Maurer School Of Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A three-judge panel of the United States Court of Appeals for the Seventh Circuit—one of 13 appellate courts of the United States federal judiciary—will hear oral argument at the Indiana University Maurer School of Law on Thursday, October 24.

The arguments are scheduled to begin at 9:30 a.m. in the Law School’s DeLaney Moot Court Room. The proceedings are open to the public, with seating available on a first-come, first-served basis starting at 9 a.m. An overflow room will be available if needed. The arguments are expected to conclude by 12:30 p.m.

“The Seventh Circuit Court of Appeals has a …

Compagni V. Klemesrud : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE JARED ELDRIGE

Kristin A. VanOrman Jessica J. Johnston Scarlet R. Smith STRONG & HANNI Attorneys for Defendants/Appellees

Jefferson W. Gross (#8339) Seamus W. Appel (#17783) GROSS & ROONEY Attorneys for Plaintiff/Appellant

Michael Cook An V. Ivins City : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes ATTORNEYS FOR APPELLANTS

ATTORNEYS FOR APPELLEE Justin D. Heideman (USB #8897) Bryan J. Pattison (USB #8766) Justin R. Elswick (USB #9153) BLANCHARD PATTISON LLC HEIDEMAN & ASSOCIATES 50 East 100 South, Suite 101 [email protected] ATTORNEYS FOR INTERVENORS

Opening Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth, Elise Chigier, Bilal Mubarack, Daniel Siemers

Faculty Scholarship

Reasons Why Oral Argument Should Be Heard: Oral argument would significantly aid this Court. This appeal presents important questions about what constitutes excessive force, retaliatory arrest, and unlawful failure to train police officers. Oral argument would allow the Court to investigate the complex facts at issue and the elements of these claims.

In Re Gardner: Withdrawing Medical Care From Persistently Vegetative Patients, John K. Veroneau

Maine Law Review

As medical science and technology progress, the distinction between traditional notions of life and death becomes increasingly blurred. Persons in dire medical conditions, lacking all cognitive and sensory abilities, may now be kept "alive" for indefinite periods of time. In the seminal case of In re Quinlan, a court was first asked whether it was ever legally permissible to withhold or withdraw life-preserving care from a persistently vegetative person. Since In re Quinlan, the courts of many states, including Maine, have confronted this issue. In In re Gardner, the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a …

A Reply To David Jones, Dennis M. Patterson

Maine Law Review

During my years of practice in Maine, I had the pleasure of litigating most of the issues discussed in my book, Maine Debtor-Creditor Law, with many members of Maine's fine commercial and bankruptcy law bar. Among the lawyers with whom I litigated these questions is David Jones. In fact, one of the cases we litigated, a particularly thorny foreclosure action, was the impetus of an article that became portions of two of the chapters in my book. It is against this background that I was pleased to learn that one of my old adversaries from practice had agreed to review …

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …

Milton V. Cary Medical Center: A Viable Fetus Is Not A Person Under Maine's Wrongful Death Statute, Stan Piecuch

Maine Law Review

In Milton v. Cary Medical Center, a sharply divided Maine Supreme Judicial Court, sitting as the Law Court, refused to recognize a right of action for the wrongful death of a viable fetus. The court held that a viable fetus is not a person for purposes of applying Maine's wrongful death statute and that, consequently, the mother of a stillborn child could not maintain an action for the child's death. The court determined that the legislative history of the statute indicated that the Legislature did not intend the remedy to apply in the case of a child not born alive. …

Legal Standards Governing Modification Of Child Custody Orders, Christian T. Chandler

Maine Law Review

Child custody is an area of the law where the courts have tread cautiously. Bitter disputes between separating parents often erupt into court struggles over which parent will gain custody of the minor children. As a result of this discord, and the terrible toll it can take on both the parents and the children, the courts are wary of modifying the original custody decree and moving a child from one parent to another. Courts must vigilantly deter custody suits brought purely for vengeance or harassment. The court acts as the child's legal protector when a change of custody issue is …

Maine's Plant-Closing Law: Analysis And Proposals, Eric Lindquist

Maine Law Review

On February 4, 1989, the first United States statute specifically directed at plant closings officially took effect. The enactment of this statute comes some seventeen years after Maine adopted the first extensive plant-closing law in the nation. In the interval, eight other states adopted legislation addressing the problems created by large-scale industrial or commercial shutdowns. These laws represent a considerable range of approaches, both voluntary and compulsory, to the plant-closing problem. The purpose of this Comment is to analyze the plant-closing law of Maine in the context of such laws nationally. Part II provides an overview of the state and …

Forgive And Forget: Honoring Full And Unconditional Pardons, Philip P. Houle

Maine Law Review

With few words, the Great Bard summarized the popular understanding of full and unconditional pardons as unrestrained acts of mercy which approximate, as best as humans can, the divine ability to forgive and forget. Perhaps in light of that sentiment, the common law held that a royal pardon blotted out any guilt or infamy resulting from commission of a crime, as well as the legal existence of the conviction itself. Following much discussion of the issue, the Supreme Court adopted the forgive-and-forget rule in a series of decisions following the Civil War. Yet, despite clear common law and Supreme Court …

From Natural Law To Legal Realism: Legal Philosophy, Legal Theory, And The Development Of American Conflict Of Laws Since 1830, Bruce Wardhaugh

Maine Law Review

There has been an alleged "revolution” in American conflict of laws during the past sixty or so years. Yet, like most revolutions in intellectual pursuits, this revolution did not arise ex nihilo. Indeed, the revolution can be correlated with a change in the manner in which both law and legal reasoning have come to be viewed by members of the legal profession in the twentieth century. It is this correlation that the present article explores. In particular, this article demonstrates the effect that the legal realist movement has had in the way conflict of laws problems have come to be …