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University of Maine School of Law

Articles 61 - 71 of 71

Full-Text Articles in Civil Law

The Maine Civil Rights Act: History, Enforcement, Application, And Analysis, J. Christopher Parr Feb 2018

The Maine Civil Rights Act: History, Enforcement, Application, And Analysis, J. Christopher Parr

Maine Law Review

Since the passage of the “Maine Civil Rights Act” (MCRA, Act) in 1989, the Maine Department of the Attorney General has made enforcement of that civil “hate crime” law one of its highest priorities. According to one statistic, “more than 125 people have been prosecuted in Maine's civil courts on hate crime charges since 1994,” and only two of those actions have been lost by the State. The Attorney General at the time of this writing, Andrew Ketterer, has stated that he takes the perpetration of hate crimes seriously, and that it has been important to him “that the message …

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Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan Dec 2017

Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan

Maine Law Review

In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …

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Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz Dec 2017

Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz

Maine Law Review

Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …

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Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney Nov 2017

Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney

Maine Law Review

In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably occur before the convention started. …

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Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka Nov 2017

Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka

Maine Law Review

In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …

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Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton Oct 2017

Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton

Maine Law Review

The word “enforcer” or “hockey goon” does not appear in the 2007–2008 National Hockey League (NHL) rulebook. However, every player and coach knows the meaning of those words. Hockey has always had its share of enforcers or “goons” that have protected star players. Steve Moore, former Harvard captain, and his parents have sued NHL tough-man Todd Bertuzzi, the Vancouver Canucks, and the partnership that owned the Canucks for an on-ice incident that occurred between Moore and Bertuzzi on March 8, 2004. Dedicated hockey fans have followed the lawsuit, but with the “incident” now over four years old many have forgotten …

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The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt Oct 2017

The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt

Maine Law Review

This paper suggests how the duty to settle, which requires liability insurers to pay damages awarded against their insured in excess of the policy limits when the insurers reject a reasonable settlement offer within the limits, may have indirectly led certain of their insureds--small business recreational vendors like horse riding stables or some motels offering swimming pools with diving boards--to sanitize the recreational activities they offer. More generally, the duty to settle's effect on the lawsuits injured customers brought against small business recreational vendors may have led a wide variety of such vendors to sanitize activities the vendors previously offered …

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The World Is Round: Why We Must Assure Equal Access To Civil Justice, Jon D. Levy Oct 2017

The World Is Round: Why We Must Assure Equal Access To Civil Justice, Jon D. Levy

Maine Law Review

In 1972, the astronauts of Apollo 17, NASA’s final manned-mission to the Moon, took a photograph of the entire hemisphere of Earth. The photograph shows the continents of Africa and Antarctica in hues of red and brown, surrounded by the vibrant blue oceans and topped by swirling white clouds. It has become an iconic image. Studying the Earth from afar, Eugene Cernan, Apollo 17’s commander, reported to the Houston command center with just a touch of irony: “We’re not the first to discover this, but we’d like to confirm, from the crew of Apollo 17, that the world is round.” …

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What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney Apr 2017

What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney

Maine Law Review

On New Year’s Eve 1981, seventeen year old Kevin Tunell, returning home from a party at which he had consumed a large amount of champagne, struck and killed eighteen year old Susan Herzog. In 1982, Tunell pleaded guilty to manslaughter and was sentenced to lecture to teens on the dangers of drunk driving for one year. Herzog’s family, outraged at what they perceived to be the leniency of the sentence, brought a civil action against Tunell, obtaining a $100,000 settlement from his insurance company. In addition, Tunell agreed to send one dollar to Herzog’s family every week for eighteen years. …

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Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith Jul 2015

Dangerous Diagnoses, Risky Assumptions, And The Failed Experiment Of "Sexually Violent Predator" Commitment, Deirdre M. Smith

Faculty Publications

In its 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that reflected a new model of civil commitment. The targets of this new commitment law were dubbed “Sexually Violent Predators” (SVPs), and the Court upheld indefinite detention of these individuals on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty …

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The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi Jan 2008

The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi

Faculty Publications

The fundamental question here is how to bring a population from a condition of hopelessness to one of self-governance, sustainable growth, and viable participation in the world community. The aim of this Symposium is to stimulate thinking about those questions by exploring whether there is a discernible legal architecture of nation-building.

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