March 30, 2015 / June 15, 2016 by mindgrub
Continuing my summary of the presentations in the conference last week, we had another twinning of speeches, this time on the balance between security and civil liberty interests. First up on that subject was Robert Mueller, ex-head of the FBI. I unfortunately had to miss that one. The next speaker was Justice Breyer, who provided a succinct and very digestible summary of the big Supreme Court decisions in this area, from Lincoln's suspension of the writ of habeas corpus...
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March 23, 2015 / June 15, 2016 by mindgrub
Last week I attended the First Circuit Judicial Conference, held in Boston this time around. These conferences are authorized by a statute enacted in 1911 and revised in 1948. The idea is for the bench and bar to get together and talk about concerns, ideas etc. The last one of these was held in in the First Circuit in 2010. There was a line up of heavy hitting speakers, like Justice Breyer, as well as attendees (e.g, Justice Souter). So here begins a full report...
March 11, 2015 / June 15, 2016 by mindgrub
Let's talk about a recent decision that seems simple enough on the surface but appears to raise some thorny procedural questions. Day v. Phippsburg, 2015 ME 13. The holding in this decision is straightforward enough - you can't unmerge previously grandfathered nonconforming lots once merged. We all are supposed to be getting rid of nonconformance, so if an ordinance is ambiguous, you adopt the interpretation against intensifying or perpetuating the nonconformance...
March 10, 2015 / June 15, 2016 by mindgrub
As a recent Cleaves email update indicates, MCLE New England has a new treatise out called A Practical Guide to Superior Court Practice in Maine. The treatise was edited by Justice Humphrey and BIll Robitzek, and it has a slew of contributors, including Justices Stokes, Warren and Wheeler...
March 3, 2015 / June 15, 2016 by mindgrub
In a previous blog, we noted that Lewiston firm Brann & Isaacson had a case before the Supreme Court this term regarding the scope of the Tax Injunction Act vis-à-vis state reporting requirements. (The Big Show) The Supremes have now spoken, and B&I prevailed. (Direct Marketing Assn. v. Brohl, No. 13-1032, March 3, 2015) The Court was unanimous, with two concurring opinions...
