Publications
“Clarifying Maine’s Confession Law,” Maine Bar Journal, 2018, vol 33, p 13. Analysis of the Maine Supreme Court’s attempt to clarify its confession law.
“Common Sense and the Law of Voluntary Confessions,” Maine Law Review, 2016, vol 68, p 119, 2016. Injecting common sense into a body of law that lacks it.
“Test Tube Babies Meet Stone Age Statutes,” Maine Bar Journal, 2012, vol 27, p 140. Discussion of Maine’s need for a statute defining the parentage of Assisted Reproduction Techniques children.
“Defining Marital Property,” Maine Bar Journal, 2010, vol 25, p 48. Analysis of the Law Court’s antique approach to property division upon divorce.
“The Peculiar Case of Jorgensen v. Department of Transportation,” Maine Bar Journal, 2009, vol 24, p 182. Review of the Law Court’s inconsistent interpretations of the Maine Tort Claims Act.
“The Mercurial Concept of Discretionary Governmental Immunity,” Maine Bar Journal, 2009, vol 24, p 14. Comparison of the Law Court’s interpretation of the Maine Tort Claims Act with the Act itself.
“Thinking Outside the Box About Pro-Se Litigation,” Maine Bar Journal, 2008, vol 23, p 90. Explaining the need to simplify rules for people who represent themselves in court.
“The False Idolatry of Rules-Based Law,” Maine Law Review, 2004, vol 56, p 300. How lawyers’ worship of rules disadvantages justice systems.
“Some Good News, and Some Bad News, about the Uniform Parentage Act of 2002,” Maine Bar Journal, 2003, vol 18, p 94. Analysis of the provisions of the new UPA, and criticizes it for not covering children of same-sex couples.
“Rethinking the Rules of Evidentiary Admissibility in Non-Jury Trials,” with Peter L. Murray, Zeitschrift Für Zivilprozets International, 2003, vol 8, p 567. Reissue of 2002 Maine Bar Journal article on the same subject in Germany.
“Rethinking Rules of Evidentiary Admissibility in Probate Cases,” with Peter L. Murray, NCPJ Life & Times, 2003, vol 2, p 6. National reissue of the 2002 Maine Bar Journal article on the same subject, revised for probate law.
“Rethinking the Rules of Evidentiary Admissibility in Non-Jury Trials,” with Peter L. Murray, Judicature 227, 2002–3, vol 86. National reissue of the 2002 Maine Bar Journal article on the same subject.
“Surrogate Mothers, Gestational Carriers, and a Pragmatic Adaptation of the Uniform Parentage Act of 2000,” Maine Law Review, 2002, vol 53, p 523. Proposes a statute to identify the parents of children conceived without intercourse.
“Should the Rules of Evidence Be Modified for Civil Non-jury Trials?,” with Peter L. Murray, Maine Bar Journal, 2002, vol 17, p 30. Proposes abridgment of rules of admissibility in non-jury civil trials to accommodate the era of pro-se litigation.
“Anticipating the American Law Institute’s Principles of the Law of Family Dissolution,” Maine Bar Journal, 1999, vol 14, p 18. Compares the A.L.I. proposals for family law with Maine’s case law.
“Shylock, Cordelia and the Maine District Court,” Maine Law Review, 1999, vol 51, p 10. A description of the judicial experience in the Peoples’ Court.
“The Sleepwalker’s Tour of Divorce Law,” Maine Law Review, 1996, vol 48, p 8. A protest against Maine’s entrenched family law.
“In Search of a Theory of Alimony,” with the Hon. Nancy D. Mills, Maine Law Review, 1993, vol 45, p 283. Proposes a policy for awarding alimony.
“Toward a Coherent Interpretation of Maine’s Marital Property Act,” Maine Law Review, 1991, vol 43, p 13. Proposes a policy for dividing marital property.
“The Obsolescence of Voluntary Confessions in Maine,” Maine Law Review, 1983, vol 35, p 243. Criticizes Maine’s case law on the admissibility of the confessions of criminal defendants.
“Presumptions against Criminal Defendants, Affirmative Defenses, and a Substantive Due Process Interpretation of County Court of Ulster v. Allen,” Maine Law Review, 1982, vol 34 , p 277. An effort to explain the use of presumptions against criminal defendants.