The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine...more
As readers of this blog know, state constitutional interpretation has been a matter of discussion here and at the Maine Law Court over the last few years. Maine jurisprudence has seen a revival of the primacy doctrine, which...more
In an interesting parallel to the developments in the Maine Law Court that indicate a revival of state constitutional interpretation, the Massachusetts Supreme Judicial Court issued a noteworthy opinion examining the...more
The issue of whether courts should defer to an executive agency’s interpretation of a statute is a familiar one. Going back all the way to Marbury v. Madison, we know that courts decide the meaning of a statute. Courts...more
It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . ....more
One of the most interesting trends in the Law Court’s jurisprudence (at least in the mind of this blogger) is the continued renaissance of the Court’s primacy doctrine – an issue addressed before on this blog. As explained...more
Late last week, the Law Court issued an important election law decision in Alliance for Retired Americans v. Secretary of State. In its opinion, the Court held that Maine’s deadline for receiving absentee ballots (8:00 p.m....more
Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s...more
The coronavirus shut-down has been anything but a slow-down for this attorney-blogger, but it hasn’t entirely prevented me from continuing to muse about the Maine Constitution during its now-cancelled bicentennial...more
On March 15, 2020, Maine turns 200 years old. For any Mainer, especially history buffs, the bicentennial is an occasion worth celebrating. For any legal beagle, the bicentennial is worth celebrating for an additional reason:...more