In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute...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
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
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
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