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Articles 1 - 30 of 128
Full-Text Articles in Courts
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Maine Law Review
Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …
One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main
One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main
Maine Law Review
Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …
The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam
The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam
Maine Law Review
When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …
Foreword, Adam Fortier-Brown
Foreword, Adam Fortier-Brown
Maine Law Review
Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …
U.S. Trade Law And Policy At A Crossroads, John K. Veroneau
U.S. Trade Law And Policy At A Crossroads, John K. Veroneau
Maine Law Review
The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …
Law Of Federal Courts (2d Ed.), James L. Oakes
Law Of Federal Courts (2d Ed.), James L. Oakes
Maine Law Review
Professor Charles A. Wright's second edition of Law of Federal Courts, one of the West Hornbooks is not exactly light reading. It probably will not make the best-seller list, at least in competition with some of the current, racy fare that list affords. Indeed, it is not even the kind of law book that one picks up and reads from cover to cover, so to speak. At the same time, Law of Federal Courts is a thoroughly realistic, well composed work of legal art which will fill any reviewer's bill. With a broad brush stroke, Professor Wright, who was one …
Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy
Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy
Maine Law Review
Theodore Bernier was adjudicated a juvenile offender in September, 1966, and was subsequently committed to the Boys Training Center (BTC) for the term of his minority. In February, 1968, he was released on entrustment to his parents. Almost a year and a half later, Bernier was questioned by local police regarding his possible involvement in the theft of greenstamps from a local store. Although he was released without the police taking further action, they notified an aftercare and placement worker assigned to the BTC of the questioning. As a result, the BTC revoked the entrustment, and the police took him …
Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell
Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell
Maine Law Review
The right to a speedy trial has been an integral part of the Anglo-American legal system since its foundation. The first statement of this guarantee seems to be in the codification of basic rights included in the Magna Charta. It was incorporated into the earliest laws of colonial America and later expressed in the sixth amendment to the Constitution. In Klopfer v. North Carolina, the United States Supreme Court stated, "The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by our Constitution." …
De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler
De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler
Maine Law Review
The Maine judicial system has two levels of criminal courts, the superior court having exclusive trial jurisdiction over felony prosecutions and the district court operating with concurrent trial jurisdiction for misdemeanors. The district court also processes the preliminary phases of felony cases; included in this function are bail hearings, initial appearances (arraignments), and preliminary hearings. To provide jury trials in misdemeanor prosecutions state law permits all district court convictions to be appealed to the superior court for trial de novo to a jury. The accepted reason for unlimited de novo trials is that the state constitution requires a jury in …
Law Of Federal Courts (2d Ed.), James L. Oakes
Law Of Federal Courts (2d Ed.), James L. Oakes
Maine Law Review
Professor Charles A. Wright's second edition of Law of Federal Courts, one of the West Hornbooks is not exactly light reading. It probably will not make the best-seller list, at least in competition with some of the current, racy fare that list affords. Indeed, it is not even the kind of law book that one picks up and reads from cover to cover, so to speak. At the same time, Law of Federal Courts is a thoroughly realistic, well composed work of legal art which will fill any reviewer's bill. With a broad brush stroke, Professor Wright, who was one …
Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell
Extending The Smith V. Hooey Duty To The Holding Jurisdiction, Ronald D. Russell
Maine Law Review
The right to a speedy trial has been an integral part of the Anglo-American legal system since its foundation. The first statement of this guarantee seems to be in the codification of basic rights included in the Magna Charta. It was incorporated into the earliest laws of colonial America and later expressed in the sixth amendment to the Constitution. In Klopfer v. North Carolina, the United States Supreme Court stated, "The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights preserved by our Constitution." …
Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy
Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy
Maine Law Review
Theodore Bernier was adjudicated a juvenile offender in September, 1966, and was subsequently committed to the Boys Training Center (BTC) for the term of his minority. In February, 1968, he was released on entrustment to his parents. Almost a year and a half later, Bernier was questioned by local police regarding his possible involvement in the theft of greenstamps from a local store. Although he was released without the police taking further action, they notified an aftercare and placement worker assigned to the BTC of the questioning. As a result, the BTC revoked the entrustment, and the police took him …
De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler
De Novo Juries, Misdemeanor Counsel, And Other Problems: Changes Ahead For The Maine District Courts?, Pierce B. Hasler
Maine Law Review
The Maine judicial system has two levels of criminal courts, the superior court having exclusive trial jurisdiction over felony prosecutions and the district court operating with concurrent trial jurisdiction for misdemeanors. The district court also processes the preliminary phases of felony cases; included in this function are bail hearings, initial appearances (arraignments), and preliminary hearings. To provide jury trials in misdemeanor prosecutions state law permits all district court convictions to be appealed to the superior court for trial de novo to a jury. The accepted reason for unlimited de novo trials is that the state constitution requires a jury in …
Maine's Judicial Machinery At The Crossroads, Armand A. Dufresne Jr.
Maine's Judicial Machinery At The Crossroads, Armand A. Dufresne Jr.
Maine Law Review
There is really no such thing as "a court"; in modem society, at least, there is only something which may be called a court system. Even that designation, however, may be a misnomer; a court system is really no more than a group of people, judges, clerks, lawyers, bailiffs, and so forth, tied together by certain functional arrangements. Even the finest institutional organization for a court system will produce delay and injustice if it is not staffed by competent people. Conversely, the most competent and dedicated people cannot produce satisfactory results from an institutional arrangement which does not permit them …
Preliminary Questions Of Fact: Respective Roles Of Judge And Jury In Maine Courts, Maine Law Review
Preliminary Questions Of Fact: Respective Roles Of Judge And Jury In Maine Courts, Maine Law Review
Maine Law Review
Virtually indisputable in the law is the notion that the trial judge determines questions of admissibility of evidence. However, when admissibility depends upon the evaluation of a preliminary question of fact, both courts and commentators disagree as to whether the judge should continue to occupy the role of sole decision-maker. The intertwining of fact, the preliminary condition, and law, the admissibility decision, raises some havoc with accepted views of the judge as arbiter of the law and the jury as fact finder. If the judge determines both questions, he is resolving not only legal, but also factual issues traditionally within …
The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review
The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review
Maine Law Review
During the last decade the Maine Law Court refused to overrule two common law doctrines which effectively insulated certain tortfeasors from liability for their negligent conduct. The purpose of this comment is to determine if the public policy issues embodied in the immunity rules and the reliance interests attributed to those rules by the Law Court justified the radical departure from the court's traditional role of deciding cases properly before it.
Cross-Appeals In Maine: Pitfalls For The Winning Litigant, Maine Law Review
Cross-Appeals In Maine: Pitfalls For The Winning Litigant, Maine Law Review
Maine Law Review
The question of when a winning party must cross-appeal to challenge non-determinative findings in defense of a favorable judgment was answered for the first time in Maine in the recent case of Littlefield v. Littlefield. Noting a split of authority between the federal and state courts, the Maine Supreme Judicial Court unpredictably determined that an appellee must file a cross-appeal if he seeks to attack adverse findings which, if decided differently, would adequately support the judgment. In Littlefield, the court's objective was to provide notice to opposing parties. Recognizing that this end is a legitimate concern, the question here is …
The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review
The Role Of The Maine Law Court In Abrogating The Common Law Doctrines Of Governmental And Charitable Immunity From Tort Liability, Maine Law Review
Maine Law Review
During the last decade the Maine Law Court refused to overrule two common law doctrines which effectively insulated certain tortfeasors from liability for their negligent conduct. The purpose of this comment is to determine if the public policy issues embodied in the immunity rules and the reliance interests attributed to those rules by the Law Court justified the radical departure from the court's traditional role of deciding cases properly before it.
Standards For Imposition Of Discovery Sanctions, Maine Law Review
Standards For Imposition Of Discovery Sanctions, Maine Law Review
Maine Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 marked a major change in the theory of the trial system in the federal courts. The new procedures of the Rules were designed to eliminate disposition of cases based on technical errors and encourage resolution on the merits of each controversy. The pleading rules were greatly simplified and full discovery provisions were incorporated to inform the parties regarding the basis of each adversary's claim or defense and to provide greater access to evidence bearing on the dispute. The optimal use of pre-trial discovery under the Rules, however, depends upon …
Attorneys And Subornation Of Perjury, Maine Law Review
Attorneys And Subornation Of Perjury, Maine Law Review
Maine Law Review
Federal law has made the crime of subornation of perjury depend on a showing that the suborned witness has made an intentional false statement under oath. For a prosecution to be successful, it must be shown first, that the witness gave false testimony under oath; second, that the witness knew the testimony to be false; third, that the defendant induced the false testimony; and fourth, that the defendant knew the induced testimony to be false. Thus, if the criminal intent of the witness cannot be proven, the defendant must be acquitted. The curious result is that the prosecution fails not …
The Precedential Weight Of Summary Dispositions Of Appeals, Maine Law Review
The Precedential Weight Of Summary Dispositions Of Appeals, Maine Law Review
Maine Law Review
The extent to which the Supreme Court's summary dispositions of appeals are entitled to precedential weight presents a serious problem for lower courts confronted with cases involving issues similar to those previously disposed of in a summarily decided appeal. A recent source of confusion in this area was the Supreme Court's 1975 opinion in Hicks v. Miranda. In Hicks, the lower court held a California statute unconstitutional despite the fact that one year earlier the Supreme Court had summarily dismissed an appeal from a decision upholding the constitutionality of the same statute., The Supreme Court reversed, pointing out that its …
Tort Law Developments, Maine Law Review
Tort Law Developments, Maine Law Review
Maine Law Review
Any discussion of recent tort law developments in Maine should begin with the abrogation of sovereign immunity, for in the timing of that far-reaching act the Law Court revealed the essence of its approach to this entire area, at once expanding liability while ensuring its careful limitation. Other progressive changes, such as the judicial creation of a new tort remedy in the cause of action for invasion of privacy, have also been hedged with restrictions. Similarly, in charting the development of legislatively created or enlarged grounds of liability in such realms as products liability or owners' and occupiers' duties to …
Workmen's Compensation: Compensable Injuries; Awards; Relation Of Court And Commission, Maine Law Review
Workmen's Compensation: Compensable Injuries; Awards; Relation Of Court And Commission, Maine Law Review
Maine Law Review
During Justice Dufresne's term as Chief Justice of the Maine Supreme Judicial Court, the court considered over sixty-five cases presenting issues that involved the state Workmen's Compensation Act. These decisions attempted to define both the concept of a compensable injury and the nature of workmen's compensation awards. Examination of the court's treatment of these two major components of the workmen's compensation system reveals the Law Court's attitude toward the system itself, the statutory scheme utilized by the Maine Legislature, and the administrative procedure employed in handling workmen's compensation claims. Consideration of the relationship between the court and the Industrial Accident …
Stare Decisis, Maine Law Review
Stare Decisis, Maine Law Review
Maine Law Review
Stare decisis, a doctrine fundamental to common law decisionmaking, requires a court to resolve disputes within the framework provided by the rationales and results of prior cases addressed to similar legal and factual relations. It seeks to reconcile the law's two great warring imperatives, that which requires a rational scheme of consistent authority serving the broad social goals of predictability, uniformity, and finality, with that which demands individual results informed by principle and applied with flexibility and discretion—in a word, justice. On the one hand, by focusing on how legal theory has interacted with fact on correlative earlier occasions the …
Statutory Construction, Maine Law Review
Statutory Construction, Maine Law Review
Maine Law Review
The various rules a court may invoke as the time-worn tests of a statute's meaning reveal little of its institutional approach to statutory construction unless considered in the light of particular cases to which they are applied. Mindful that courts generally have failed to develop consistent approaches to statutory construction, the following survey attempts to rough out the contours of Maine doctrine. The reader should note that any critical evaluations derive from stated preferences for particular approaches to problems of statutory construction, and should recall that opinion on these topics varies widely.
Labor Law: Teacher Disputes, Maine Law Review
Labor Law: Teacher Disputes, Maine Law Review
Maine Law Review
The vast majority of labor law issues presented to the Maine Supreme Judicial Court during the previous seven years were rooted in the confusion surrounding the role of collective bargaining in public school teacher disputes. Indicative of the unsettled nature of this area is the tension between the teacher termination statutes and the Municipal Public Employee Labor Relations Law (hereinafter referred to as MPELRL). Despite the later enactment of MPELRL and its more specific provisions, the court has consistently refused to give it wide application in teacher disputes, choosing instead to rely on the more amorphous statutory provisions defining the …
Standing To Challenge Governmental Action, Maine Law Review
Standing To Challenge Governmental Action, Maine Law Review
Maine Law Review
Perhaps no inquiry reveals so much of a court's sense of identity as does that into justiciability, a concept employed by courts to limit the availability of judicial redress when a litigant's remedy more properly resides with another governmental body. When the subject-matter the litigant seeks to put in issue itself concerns governmental action or policy, the court must address a sensitive problem: to what extent might its resolution of the controversy intrude upon the policymaking function with which the legislative branch has been charged? Slow either to open themselves to claims they function "anti-democratically” or to override the informed …
The Durfresne Years: A Preliminary Overview, Charles A. Abbott
The Durfresne Years: A Preliminary Overview, Charles A. Abbott
Maine Law Review
Maine Law Review's timely decision to survey the work of the Supreme Judicial Court will enable our Bench and Bar to review past developments, analyze present positions, and, perhaps, chart with greater facility the future course of Maine's legal development. The retirement of Chief Justice Armand A. Dufresne, Jr., provides an excellent occasion for a look back at the Court's accomplishments.
Administrative Law: Approaches To Delegation, Maine Law Review
Administrative Law: Approaches To Delegation, Maine Law Review
Maine Law Review
As do most state courts, the Maine Supreme Judicial Court purports to require that legislative delegations of power to administrative agencies be accompanied by legislatively articulated "primary standards" sufficient to prohibit arbitrary exercise of administrative discretion. The requirement is rooted in the non-delegation doctrine, once the principal stumbling-block to the creation of an effective administrative arm of government. Originally a liberalization of the non-delegation rule, the primary standards test can become an unwarranted restraint on legislative discretion, particularly when invoked to nullify delegations necessarily broad in scope. Often, the very reason behind a legislature's choice of administrative means to effectuate …
Chief Justice Dufresne: An Appreciation, Charles A. Pomeroy
Chief Justice Dufresne: An Appreciation, Charles A. Pomeroy
Maine Law Review
To those of us who worked with him almost daily, the years of Armand Dufresne's stewardship will be best remembered as the years during which the Justices of the Supreme Court grew closer together, both in their professional and social relations, and in the respect and admiration each held for the other and all held for the Chief Justice. I am confident I express the sentiment of my colleagues when I say the Dufresne years were among the happiest years of the Court family, largely because of the leadership Chief Justice Dufresne provided US.