Remembrance of Professor David Gregory

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion and warmth for those he instructed. Perhaps above all, Professor Gregory will be recalled as the archetypal Law Professor that he was. He was the rarest of educators, someone who taught us how to challenge ourselves intellectually, and who demonstrated both in his life and in his teaching that the law not only reaches all facets of society but also touches upon the most fundamental and important aspects of human existence itself. On January 17, 2001 hundreds of his colleagues and students gathered at the First Parish Church in Portland, Maine to celebrate Professor Gregory\u27s life. What follows are the remembrances delivered at the memorial service and two tributes from professional colleagues that give a picture of his life in the courtroom and the classroom

Justice Edward Godfrey and the Role of the Trial Judge in the Criminal Process

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow

67/08/31 Brief for the N.A.A.C.P Legal Defense and Educational Fund, Inc., as Amicus Curiae

The Court should hold that neither stops nor frisks may be made without probable cause. In each of these cases, the judgment of conviction should be reversed -- conclusion, p. 69

The Supreme Court\u27s Long and Perhaps Unnecessary Struggle to Find a Standard of Culpability to Regulate the Federal Exclusionary Remedy for Fourth/Fourteenth Amendment Violations

On January 14, 2009, the United States Supreme Court decided Herring v. United States. In Herring, the defendant moved to suppress evidence that he alleged was seized as a result of an arrest that violated the Fourth and Fourteenth Amendments to the U.S. Constitution. The Supreme Court approved the decision below to deny suppression of the evidence. The decision set off a flurry of speculation that the Fourth Amendment exclusionary rule would not see its 100th birthday in 2014. A headline in the New York Times of January 31 declared: “Supreme Court Edging Closer to Repeal of Evidence Ruling.” Another headline in the Times, this one on February 16, asked: “Is the Supreme Court About to Kill off the Exclusionary Rule?” A headline in the April ABA Journal announced that the exclusionary rule was “closer to repeal.” I think that the rumors of the death of the exclusionary rule are exaggerated. Herring represents another chapter in a long struggle that the Supreme Court has had with itself to define what sort of fault or culpability on the part of law enforcement officers should lead to suppression. The relationship between officer culpability and deterrence is subject to considerable uncertainty. The general idea is that the officer\u27s conduct must be sufficiently culpable to be optimally deterrable. Herring emphasizes that deterrence “varies with the culpability of the law enforcement conduct.” But if the officer\u27s conduct is only marginally culpable, perhaps it is not a constitutional violation in the first place

Remembrance of Professor David Gregory

The Board and Staff of the Maine Law Review dedicate this issue to the memory of Professor David Doliver Gregory, who passed away on December 9, 2000. The Maine legal community and the University of Maine School of Law mourn the loss of our beloved teacher, advocate, and friend. In the collective memory of his students, Professor Gregory will always be remembered for the Socratic genius that he employed so effectively in class; his keen wit, often accompanied by a knowing smile and a twinkle in his eyes; his passion for ferreting out seemingly elusive legal principles; and his compassion and warmth for those he instructed. Perhaps above all, Professor Gregory will be recalled as the archetypal Law Professor that he was. He was the rarest of educators, someone who taught us how to challenge ourselves intellectually, and who demonstrated both in his life and in his teaching that the law not only reaches all facets of society but also touches upon the most fundamental and important aspects of human existence itself. On January 17, 2001 hundreds of his colleagues and students gathered at the First Parish Church in Portland, Maine to celebrate Professor Gregory\u27s life. What follows are the remembrances delivered at the memorial service and two tributes from professional colleagues that give a picture of his life in the courtroom and the classroom

Recollections of My Time in the Civil Rights Movement

A while back, in November 2007, some students came down after class and asked me why I never told any personal stories during class. I gave them my standard reply that class time was too valuable for the telling of war stories. Well, they countered, would you be willing to tell your \u27back story\u27 after class? I had no objection to that, as long as they would set it up. I half-expected nothing further to come of it, but the students did set it up, publicizing it to the whole law school community. On the appointed day, an overflow crowd gathered in our largest classroom, and I gave my talk. I divided my talk into five short takes, each prefaced by a bit of advice, and a conclusion

Justice Edward Godfrey and the Role of the Trial Judge in the Criminal Process

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow