Law Commons^™

Bouford V. Bath Iron Works: Defining Double Recovery Under State And Federal Compensation Laws For Maritime Workers, John Arthur Mccauley

Maine Law Review

In Bouford v. Bath Iron Works Corp., the Maine Supreme Judicial Court, sitting as the Law Court, held that an employer is not entitled to credit disability payments made under the federal Longshore and Harbor Workers' Compensation Act (LHWCA) against a subsequent obligation to pay a permanent impairment award for the same injury under the Maine Workers' Compensation Act (MWCA). While adhering to the principle against "double recovery" by employees in cases in which there is concurrent jurisdiction of federal and state compensation schemes, the Law Court reasoned that state permanent impairment awards are not duplicative of LHWCA disability benefits …

Dissell V. Trans World Airlines: Constitutional Limitations On The Workers' Compensation Commission's Subject-Matter Jurisdiction, Patricia A. Nelson-Reade

Maine Law Review

To rule upon a workers' compensation claim, the Maine Workers' Compensation Commission must determine that it has both personal and subject-matter jurisdiction. Personal jurisdiction is determined by applying Maine's "long-arm" statute. Subject-matter jurisdiction derives from the Commission's status as an administrative agency authorized to administer the Maine Workers' Compensation Act (MWCA). Although subject-matter determination generally involves a choice-of-law issue, in a workers' compensation claim having extraterritorial aspects, the Commission is not free to apply the compensation acts of other states that have contacts with the claim. Rather, the Commission may determine only if it has authority under the MWCA to …

Implied Warranties Of Seaworthiness: Applying The Knowing Neglect Standard In Time Hull Insurance Policies, Derek P. Langhauser

Maine Law Review

Time hull marine insurance policies provide insurance for a definite period against damage to or loss of a vessel. Even in cases in which a ship owner expressly warrants to an insurer that a vessel will be seaworthy when the policy takes effect, and unless the insurer waives all warranties, American admiralty law implies a warranty of seaworthiness as a condition of the contract. This implied warranty increases the insurer's chance of recovering his premium by mitigating his risk that the vessel will be damaged or lost. Although American admiralty law strives to remain harmonious with English admiralty law, American …

The Denial Of Bail Under Maine's "Proof Evident Or Presumption Great" Standard, Maureen Dea

Maine Law Review

When the framers of the Maine Constitution gathered in Portland in the fall of 1819, they decided that the document, unlike the Massachusetts Constitution on which it was based, should guarantee a right to bail pending trial. The convention adopted, apparently without debate or dissent, the following provision as part of the Declaration of Rights in article I . . .

Pornography Commissions And The First Amendment: On Constitutional Values And Constitutional Facts, David A.J. Richards

Maine Law Review

The interlinked questions of free speech, obscenity, and pornography are contextually sensitive—as are many other great issues of constitutional principle—to both normative and factual arguments; that is, much of the disagreement in the discussion of these questions centers on the proper interplay of constitutional values and facts. To what extent, for example, should constitutional values be sensitive to empirical research about the consequences of pornography distribution and use? If sensitive at all, how sensitive? Must the state, for example, satisfy a heavy burden of justification in terms of showing harm caused if it is to abridge pornography distribution and use, …

Managing The Cumulative Effects Of Coastal Land Development: Can Maine Law Meet The Challenge?, Alison Rieser

Maine Law Review

Following a period of slow economic growth for the State of Maine in the early part of this decade, improved economic conditions and new demographic trends have renewed the demand for commercial, residential, and recreational development in coastal communities across the state. For many years, Maine has tried to stimulate growth in its communities. Now, many of its coastal towns face a huge development boom, particularly in the southern and mid-coast areas, in communities such as York, Wells, Ogunquit, Kennebunk, Kennebunkport, Portland, Camden, and Belfast. These towns are struggling to find ways to control the increasing density of development along …

The Constitution Without Tears, Gene Carter

Maine Law Review

The coming plethora of Bicentennial speeches and activities are intended to provide occasions for public figures and private persons to say something helpful to a current and realistic understanding of the role of the Constitution in our daily lives; and, hopefully, something at least modestly expository of our duties as citizens of American constitutional democracy.

The Afro-American And The Constitution: Colonial Times To The Present, James L. Watson

Maine Law Review

The theme of this essay is the Afro-American and the Constitution: Colonial Times to the Present. When I was told about this theme, my first reaction was to follow the advice of the famous black philosopher, Satchel Paige, who said, "Don't look back because what is behind you might be catching up." My discipline, however, forced me to look back at the Constitution and particularly how it has affected black Americans.

A Commemorative, Eric Robert Herlan Editor-In-Chief

Maine Law Review

In this issue the Maine Law Review joins in the national celebration of the Bicentennial of the United States Constitution. Three distinguished federal judges, all of whom are intimately familiar with that great document, have kindly contributed essays to the Review based on speeches they have earlier given for the Bicentennial. We are happy to present these essays, each of which has an important perspective on the Constitution, as our commemorative on this special occasion.

A Genealogy Of Founders, Frank M. Coffin

Maine Law Review

Two hundred years ago this spring George Washington wrote to our fellow Mainer, General Henry Knox, that because of the illness of his mother he would not be able to attend the Philadelphia Convention. If her health had not speedily improved, we might have had quite a different kind of Bicentennial, for both Washington and Benjamin Franklin, though largely silent in the debates, were palpable sources of strength. As it is, we have the happy occasion to celebrate what Everett Ladd has called "the expression of a nation-defining consensus on political values," our nationalizing principle, the one supreme bond linking …

Civil Rights Clinic Files Brief In Solitary Confinement Lawsuit Against Mayor Eric Adams, Cardozo Civil Rights Clinic

Cardozo News 2024

The New York City Council and Public Advocate Jumaane Williams filed a joint lawsuit to invalidate New York City Mayor Eric Adams’ emergency executive orders that suspend parts of Local Law 42, which bans solitary confinement in city jails. Cardozo School of Law’s Civil Rights Clinic represents the #HALTsolitary Campaign & Jails Action Coalition. Clinic students Elisa Davila ’26 and Ciara Lavin ’26, along with Clinic Director Professor Betsy Ginsberg, are filing an amicus brief on their behalf. The organizations joined public defenders’ offices and the New York Civil Liberties Union as amici to the case.

Understanding The Transitional Needs Of Servicemembers To Veterans: A Focus On Mental, Social, And Behavioral Health, Marieann C. Raguso

Theses and Dissertations

This applied dissertation was designed to fill the gaps on the transitional American veterans’ lived experience using their own voice. The reconstruction of an American Veteran’s identity after transitioning back into civilian life is a process with many challenges. Transitional practices often fail to help veterans to acculturate back into the civilian world. This includes the formulation of identities and associations. There is a lack of consistency in military transitional practices leading to identity loss and the formulation of mental and behavioral disorders. The aim of this study is to examine the lived experiences of veterans who have transitioned back …

Assessing Pakistan’S Textile Exports Under Trade Agreements, Amjad Masood, Junaid Ahmed, Khuda Bakhsh

CBER Conference

Textiles serve as the export engine of Pakistan’s economy, constituting 60 percent of its total exports. Despite this prominence, Pakistan's global share in textile exports has consistently declined. Considering this, this study explores the potential impact of Free Trade Agreements (FTAs) on fostering textile exports. The study applied a structural gravity model with the Poisson pseudo-maximum likelihood (PPML) estimator to analyze annual exports for the period 2002–2021. Findings exhibit a positive and statistically significant effect of FTAs on textile exports, with varied impacts compared to major competitors. Moreover, we categorized textile products at the HS 4-digit level based on their …

Youth Program Fy2024 Evaluation Report December 2024, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Youth Conflict Resolution & Restorative Practices Program (Youth Program or Program), administered by the Massachusetts Office of Public Collaboration (MOPC) in collaboration with 10 community mediation centers (Centers), aims to reduce youth conflict and/or violence through a social and emotional learning (SEL) and positive youth development framework. This approach leverages mediation and restorative practices to equip youth with essential SEL skills and improve school climate. This FY2024 program evaluation report assesses the Youth Program’s effectiveness across multiple domains, including school climate, student SEL competencies, engagement/awareness, training, and resources.

Latinas In Law Enforcement: Tokenism, Barriers And Changes Along The Narrow Bridge To Promotion, Saturnino Velazquez

College of Education Theses and Dissertations

The purpose of this qualitative study was to better understand and analyze themes and patterns shared among the lived experiences of 12 female Latina Law Enforcement Officers (LEOs) in male-dominated police departments in the Midwest (Illinois and Minnesota). The researcher chose to adopt a basic interpretive qualitative research methodology for this study because it provides a flexible and useful research tool, and provided a broader approach to interpreting meaning from rich and detailed data, yet complex, and account of semi-structured interviews that served as a data collection instrument. This study was guided by the theoretical framework of Kanter’s research on …

Reading Law's Great Unread: Qualitative Computational Methods, Artificial Intelligence And The New Empirical Legal Research, Simon Wallace

PhD Dissertations

How will new computational technologies change legal research and our visions of what law is? Inspired by the work of digital humanists, Bourdieu, and sociologists of literature, this dissertation explores how the methods of “distant reading” can be used to develop new classes of critical insights about law. After situating the project theoretically, this dissertation reports on a series of new computational studies about Canadian law. Chapter 1 measures Canadian statutory and regulatory law, showing that law has grown unevenly over the past decade and a half. Chapter 2 uses new artificial intelligence to transcribe and analyze Supreme Court of …

Ndls Communicator: Week Of 12.09.24, Notre Dame Law School

NDLS Communicator

Faculty News and Briefs

• Lloyd Mayer was a guest on the Unreasonable Podcast episode "How Religious Organizations Game The IRS".
• A.J. Bellia has published "Constitutional federalism and the nature of the Union" (with Brad Clark) which explains the origins of U.S. federalism and responds to a recent symposium on his work in the Journal of Constitutional History and to other commentators.
• Rick Garnett was quoted in America Magazine about President Biden's pardon of his son, Hunter Biden.
• This week Sam Bray is presenting a sketch for a book on equity and change at the Judicial Administration / Judicial Process Roundtable …

State Of Utah V. Lowery : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for failing to respond to an officer’s signal to stop , a third degree felony , in the Third Judicial District, Salt Lake County, the Honorable William Kendall presiding

EMILY ADAMS RACHEL PHILLIPS AINSCOUGH The Appellate Group Counsel for Appellant

REBECCA BARKER (19445) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General CURTIS TUTTLE TEGAN TROUTNER Salt Lake County District Attorney’s Office Counsel for Appellee

Mmu: 12/09/24–12/15/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Air Supremacy, The Enabler Of Close Air Support Operations – An Evaluation Of Past, Present, And Future Air Campaigns., Owen Topolnicki

Senior Honors Theses

The achievement of gaining aerial supremacy, or lack thereof, is the hinge upon which Close Air Support (CAS) swings. The attainment of it enables CAS specialist aircraft, not unlike the Ju-87 Stuka or A-10 Thunderbolt II, to be exceptionally effective in their operating environment. While the lack of it, forces aircrews to pioneer new solutions either in the form of multi-role aircraft (capable of self-defense), or other innovative solutions similar to unmanned aerial systems (UAS’s), as aptly seen in the ongoing Russo-Ukrainian conflict. Thus, the ability of an air force to gain air supremacy and to do so quickly, …

Cardozo Law News Brief: December 6, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Ellen Drucker-Albert
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Anthony Sebok
• Matthew Wansley
• Samuel Weinstein
• Richard Weisberg
• Edward Zelinsky

Stephanie Sankey Petitioner/ Appellant V. Cameron D. Sawyer, An Individual; Courteny A. Sawyer, An Individual; Picture Picture Films, Llc, A Utah Limited Liability Corporation; And Tim Timmerman, Hope Of America, Llc, A Utah Limited Liability Company, Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF THE FOURTH JUDICIAL DISTRICT, UTAH COUNTY THE HONORABLE ROBERT A LUND

Gerald M. Salcido, Jon M. Hogelin, Attorneys for Appellees/Defendants

Stephanie E. Sankey, Appellant/Plaintiff

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

Why The Ostensible Agency Tort Doctrine Is Incoherent, Daniel Harris

University of Miami Business Law Review

One of the most perplexing areas of current tort law is the ostensible agency tort doctrine, which courts use to determine whether companies should be held liable for the negligence of their independent contractors. In most cases, liability under this doctrine requires proof the plaintiff detrimentally relied on a representation that the contractor was an employee of the defendant. However, in cases involving the negligence of independent contractor emergency room doctors, courts often hold hospitals liable under the ostensible agency tort doctrine without requiring such proof. Why does the doctrine take two inconsistent forms?

This Article argues that the law’s …

Misinformed Depositors, Raj Ashar

University of Miami Business Law Review

Social media enables information to travel faster and wider than ever before, creating endless new possibilities. However, it also has opened the door to misinformation or disinformation, which has already wreaked havoc in many industries, including the financial sector. Given the importance of accurate information in banking stability, false information poses a real risk of causing bank runs that lead to bank failures.

This Article documents the risks that false information poses to the banking industry. It then turns its attention to the regulation of false information in securities markets, which has grappled with the issue for many years. Drawing …

A New Frontier: The Music Industry’S Struggle Against Generative Ai, Vaughn Gendron

University of Miami Business Law Review

Since the modern notion of artificial intelligence emerged in 2014, AI has rapidly developed into a technology with vast generative capabilities. This technology has allowed for the creation of copious amounts of AI-generated media content. One of the most impacted industries by this evolution is the music industry. In April of 2023, an unidentified user produced a viral AI-generated song titled “Heart on My Sleeve” in the vocal likeness of both Drake and The Weeknd. The song’s instant popularity among consumers shattered the music industry’s long-held belief that listeners would always prefer human creativity over artificial creation. This shift in …

Wear Your Heart On Your Sleeve, Whether You Like It Or Not: How Federal Regulation Can Address Advances In Biometric Technology, Greg Marcus

University of Miami Business Law Review

The use of biometric data for identification and authentication has become a common practice for people and businesses across the world. While these technologies offer a promising means of enhanced security, the emergence of artificial intelligence and machine learning has enabled the analysis of biometric data to reveal some of our most intimate personal information from simple physical characteristics. The rapid advancement of this technology has brought the issue of regulation to the forefront of discussions in both Congress and state legislatures. Accordingly, many states have proposed, and in several instances passed legislation specifically regulating the collection of biometric data. …

Whose Information Is Whose? Adult Adoptees And The Silent Struggle To Access Records, Alyssa Traina

Undergraduate Honors Theses

The United States has fifty-one different laws pertaining to adult adoptee access to their original birth certificates and adoption court records, with only fifteen states being unrestricted. These states give adult adoptees access to their documents upon request. Fifteen states are restricted, meaning they require a court order to obtain documents, which involves proving “good cause” to a judge. This requirement of “good cause” has no standard definition. The remaining twenty-one states are compromised, meaning they have complex requirements to obtain documentation. My research uses case studies of the restricted laws of California, the unrestricted laws of Louisiana, and the …

Interstate Commerce And Personal Jurisdiction In Flux: A Critical Analysis Of Mallory V. Norfolk Southern Railway Co. And Its Effects On Business Litigation, Mairi Cooley

University of Miami Business Law Review

This Note examines the implications of the U.S. Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co., advocating for legislative intervention by Congress to mitigate its adverse effects on interstate commerce. The Court revived a pre-International Shoe v. Washingtonprecedent, validating a Pennsylvania statute that imposes general personal jurisdiction on non-resident businesses registered in the state. Justice Gorsuch’s majority opinion, supported by a diverse coalition of Justices, underscored the constitutionality of the statute under the Due Process Clause, with Justice Jackson emphasizing the principle of jurisdictional waiver via business registration. Conversely, Justice Alito’s concurrence, while agreeing on …

Embracing The Heat: “Hot Labor Summer” Rekindles Nlrb Authority, And The Need For Strategic Enforcement, Matthew J. Mallon

University of Miami Business Law Review

The National Labor Relations Board is solely responsible for enforcing federal labor union law, but it lacks the power to effectively remedy and deter unlawful acts. This situation allows employers to violate labor law with near impunity, denying their employees’ rights guaranteed under federal law. In Cemex Construction Materials Pacific, LLC, the NLRB overturned decades-old precedent and adopted a more effective standard for determining whether to issue an order for an employer to bargain in good faith with a union. The new rule disincentivizes unfair labor practices, which promotes employees’ freedom to designate representatives for collective bargaining, but alone, it …