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One Nation, Under Fraud: A Remonstrance

This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses ... historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the

The Growing List of Reasons to Amend The Maine Indian Jurisdictional Agreement

future federal laws benefiting tribes and native peoples. And, it did so without the consent of the tribes located within Maine. In addition to recognizing how economic and political realities influenced ... 1970s negotiations, as well as useful understandings into the larger political, social, legal, and economic context of the time.20 This Article seeks to build upon these reports, studies, books, hearings

Gun Control: Political Fears Trump Crime Control

?” Is there a hidden political dynamic? But “hidden” means hard to find. So maybe we should look for the answer in a related jurisdiction that keeps more extensive records of its government’s

National Security Rules: America's Constitution of Law and War

Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion ... presidential supremacy, we should instead look to text, history, and structure for guidance on how the political branches can legitimately and affirmatively negotiate their emergent responsibilities. This

Digital Court Records Access: Social Justice and Judicial Balancing

important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing ... philosophy and using his rights-sensitive balancing process as a guide in managing the transition to electronic records. It offers a glimpse into how Judge Coffin, if asked, might go about the task of

Election SLAPPs: Effective at Suppressing Political Participation and Giving Anti-SLAPP Statutes the Slip

potential labyrinth of litigation. A SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit that typically has no merit, but is filed to prevent the defendant from participating in a political ... School of Law Digital Commons. For more information , please contact , USA - ELECTION SLAPPS: EFFECTIVE AT SUPPRESSING POLITICAL PARTICIPATION AND GIVING ANTISLAPP STATUTES THE SLIP I. II. III. IV

Five Times More Likely: Haaland v. Brackeen and What It Could Mean for Maine Tribes

their motions.158 First considering the question of equal protection, the court determined the definition of Indian child was a racial, rather than political, classification.159 The court reasoned that ... families.194 To determine the constitutionality of these provisions, the court’s first question was whether they are based on political or racial classifications.195 Political classifications need only to

The Dark Matter of Federal Indian Law: The Duty of Protection

relationship was almost always ignored and belittled. In recent decades, with the rise of the federal policy favoring tribal selfdetermination, that narrative is changing to some extent as a political matter ... that the judiciary undermines federal Indian affairs policy at will, just as tribal nations have begun to successfully assert political power in Congress and governmental capabilities at home.34 This is

Symposium Panel: Ensuring Access toJustice in Maine’s Rural Communities

The dichotomy between the greater Portland area and Route One corridor, and Maine’s rural inland and Down East communities, is stark in many ways—economic, cultural, political, and spatial. These ... worst run as a business of any possible business. What our philosophy was, whatever you needed, we did the work, we never turned a client back because they couldn't pay. And if we got paid, it was just a

Primacy in Theory and Application: Lessons From a Half-Century of New Judicial Federalism

of the [thirteen] states (and Vermont as well) had enacted Constitutions to fill in the political gap caused by the overthrow of British authority . . . . Eight of the Revolutionary Constitutions were ... for Principled Decisionmaking, 62 BROOK. L. REV. 1, 7 (1996) (“Legal scholars, political scientists and historians, all eager to participate in the discussion or to join the cause, or at least the fray

Frank Morey Coffin's Political Years: Prelude to a Judgeship

the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his career he demonstrated that the art of politics was a ... Recommended Citation Donald E. Nicoll, Frank Morey Cofi n's Political Years: Prelude to a Judgeship Frank Morey Cofin 's Political Years: Prelude to a Judgeship Donald E. Nicoll 0 1 0 Part of the

Fighting the New Wars of Religion: The Need For a Tolerant First Amendment

of political and popular support, it is no surprise that cases about public prayer and the Ten Commandments, property and religious freedom, continue to be filed, and that citizens dispute the ... politics. A focus on tolerance offers three important reminders about the appropriate role of religion in American democracy. First, because toleration is a political and legal principle, toleration is

Ethno-Nationalism and Asylum Law

, membership of a particular social group or political opinion.”65 Additionally, the United States is obligated, pursuant to its ratification of the Protocol, to “facilitate the assimilation and naturalization ... in a particular social group, or political opinion.82 Individuals who are already within the United States or present themselves at a border apply for asylum while individuals who seek protection while

How a Bill Becomes a Law in Maine: Governor LePage, the State Legislature, and the 2015 Opinion of the Justices on the Veto Question

at the right decision, it did so without completely weighing the Governor’s strongest argument – probably because the Governor decided not to pursue it for political and practical reasons. This drama ... to becoming a law.4 More importantly, so too were the people of Maine, and their political leaders.5 Paul LePage, the state’s Governor, insisted that he had complied with the process described in the

Immigration Detention: Perspectives from Maine Law Students Working on the Ground at the Laredo Detention Center in Texas

student attorneys during their time in Laredo, Texas, and will survey issues in the contemporary immigration landscape: first, an overview of the political climate surrounding the immigration debate ... . INTRODUCTION A. The Laredo Project 1. The Jones Day Presence 2. Jones Day and Maine Law?A Meaningful Partnership 3. The Laredo Experience II. IMMIGRATION TODAY A. Political Climate B. Immigration and Detention

Our Biggest Fans: Nuisance Immunity for Grid-Scale Wind Energy Projects in Maine

a legislative commitment to completely renewable electricity markets.83 F. Political Winds Despite the consistent, rapid growth of the wind energy industry, there has been considerable political ... energy industry presents a favorable political climate for continued development in Maine, and in the country at large. However, the state’s prohibition on offshore wind projects in state waters means that

The Past, Present, and Future of Rural Northern New England: A Study of the Demographics Crisis and How It Affects the Rural Lawyer Shortage

, Vermont, and it was his Vermont upbringing that had a large impact on his later political philosophy.10 Moving from New England to the Midwest was often not a solitary effort. It is important to note that ... important political leaders of the early Midwest. Stephen A. Douglas, former United States Senator from Illinois and perhaps most famous for his series of debates against Abraham Lincoln, was born in Brandon

Symposium Keynote: "Isolation and Restraint: Maine's Unique Status Outside Federal Indian Law"

Watertown embodied the parties’ sovereign commitments of mutual defense, political alliance, and friendship. In exchange for regional military and diplomatic clout, the United States offered to protect and

Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect on the Law in the Dawnland)

Nation from state laws allegedly designed to “annihilate the Cherokees as a political society, and to seize, for the use of Georgia, the lands of the nation which have been assured to them by the United ... Marshall recited the Doctrine of Discovery with a focus on the jurisdictional primacy of the dominant “discovering” sovereign, as opposed to its chartered instrumentalities or political subdivisions.66

Connecting Law and Legislature: The Legacy of Ed Muskie

national prominence in the 1960s, and to those steeped in environmental law, Maine political history, or one of the other fields in which he was most active. I will admit that prior to organizing the ... Law School, and a stint in the Navy during World War II, he had a successful career in Maine politics. He helped turn Maine’s Democratic Party into a political force and was elected governor in 1954. In