University of Maine School of Law

About: University of Maine School of Law is a education organization based out in Portland, Maine, United States. It is known for research contribution in the topics: Tort & Supreme court. The organization has 27 authors who have published 95 publications receiving 615 citations. The organization is also known as: Maine Law.

Measuring and explaining noncompliance in federally managed fisheries

Abstract: This article focuses on measuring and explaining noncompliance in federally managed U.S. fisheries. Novel measurement techniques are used to characterize the extent and patterns of noncompliance in the northeast groundfish fishery. According to the authors’ estimates, noncompliance increased substantially in 1986 and remained high through 1988 in the groundfish fishery. On Georges Bank during 1987, a quarter to a half of all groundfish vessels were identified as frequent violators, committing closed area violations on about one‐third of their trips and using illegal mesh on nearly all trips. Illegal earnings by a typical frequent violator operating in the groundfish fishery on Georges Bank amounted to $225,000 per year in 1987. A theory of compliance in fisheries is developed and applied to explain the trends and patterns of noncompliance in the northeast groundfish fishery. Biological and economic forces are shown to be dominant causes of the recent deterioration in compliance. Other contributin...

Rape, Racism, and the Law

Abstract: The historical legacy of the racist social meaning of rape and the consequences of that legacy are the focus of this article. The article, written in 1983, analyzes the U.S. law of rape, its history, and its legacy, from a perspective that is both feminist and antiracist. It examines the intersections and interactions of race and gender subordination in the context of rape, particularly looking at race and gender issues involving African-Americans and whites. It describes how the legal system’s selective acknowledgement of rape has disproportionately targeted African-American men for punishment and made African-American women both particularly vulnerable and particularly without redress. It further asserts that the legal system’s myopic focus on claims of black offender/white victim rape has distracted from the broader significance, for women generally, of sexual coercion. Part I describes the U.S. legal system’s narrow focus on African-American offender/white victim rape, tracing the history of that selective recognition from slavery to the present. The history included early twentieth century doctrinal rules allowing juries to infer, based on race alone, that if the accused was black and the alleged victim white, then the accused intended to rape the alleged victim. The legacy continues in sentencing and the threat of racially motivated prosecutions. Part II discusses the the legal system’s failure to acknowledge the rape of African-American women, including its assumption of black women’s promiscuity, tracing the pattern from slavery to the present. It includes discussion of race-specific early twentieth century doctrinal rules that prior chastity of the victim in statutory rape cases would not be assumed if the victim was African-American. Further, the legal system’s treatment of rape has implicitly and incorrectly defined rape so as to limit its social meaning to an African-American male offender and a white woman, Part III argues The narrow focus on one racial combination of rape obscures the significance of sexual coercion to which women are all too frequently subjected. Because of the interconnectedness of rape and racism, successful work against rape and other sexual coercion must deal with racism, Part IV asserts. Struggles against rape must acknowledge the differences among women and the different ways that groups other than women are disempowered. In addition, work against rape must go beyond the focus of illegal rape to include other forms of coerced sex, in order to avoid the racist historical legacy surrounding rape and to combat effectively the subordination of women.

The Measure of Injury: Race, Gender, and Tort Law

Abstract: Acknowledgments Introduction 1 Theoretical Frames 2 Historical Frames 3 Intentional Torts 4 Negligence 5 Causation 6 Damages Conclusion Notes Index About the Authors

The Democratic Corporation: The New Worker Cooperative Statute in Massachusetts

Abstract: The worker cooperative corporation law recently enacted in Massachusetts presents a democratic corporate form new to American law. On a practical level, the law adopts the legal structure of the successful industrial cooperatives of Mondragon, Spain and adapts it to the American context. On a theoretical level, the law brings into the workplace two related normative principles which are absent in the conventional corporate form: the democratic principle of self-government and the principle of basing property acquisition on the fruits of one's labor.

The Intellectual Property Holding Company: Tax Use and Abuse from Victoria's Secret to Apple

Abstract: Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.