University of Maine in Maine Law Schools
🔹 University of Maine School of Law – Overview
🏫 General Information
Founded: 1962
Location: Portland, Maine (Note: the law school moved to a new downtown Portland campus in 2023)
Programs Offered:
Juris Doctor (JD)
Master of Laws (LL.M.)
Certificate programs (e.g., Information Privacy, Environmental Law)
Special Focus Areas:
Environmental and Ocean Law
Privacy Law and Cybersecurity
Public Interest Law
Refugee and Human Rights Law
🔹 Legal Education at Maine Law
Maine Law, like most U.S. law schools, emphasizes the common law method of legal education — meaning that students are trained heavily through the study and analysis of case law (judicial decisions), rather than through statutes or codes alone.
1. Case Law Method in Legal Education
The teaching method relies on Socratic questioning, analysis of precedents, and application of judicial reasoning.
Example:
A typical 1L Contracts class may analyze the case Hawkins v. McGee, 84 N.H. 114 (1929), also known as the “Hairy Hand” case. While not a Maine case, it's part of the standard canon in Contracts Law.
Facts: A doctor promised a young boy's family that his hand would be restored to “100% good” after a skin graft surgery, which failed.
Legal Issue: What is the proper measure of damages for breach of a promise?
Holding: The court awarded damages based on the difference between the promised and actual result — a concept known as expectation damages.
Application at Maine Law:
Students learn to extract legal rules from judicial opinions.
They write legal memoranda and argue positions based on precedent.
They learn to analogize and distinguish case law, which is central to legal practice in Maine (a common law state).
🔹 Maine-Specific Case Law Focus
Maine Law incorporates Maine Supreme Judicial Court decisions into its curriculum. Students become familiar with how Maine courts interpret contract law, torts, constitutional issues, and property disputes.
2. Maine Judicial Case Example:
State v. Flick, 425 A.2d 167 (Me. 1981)
Issue: The constitutionality of a warrantless search of a garbage bag left for collection.
Holding: The Maine Supreme Judicial Court ruled that the defendant had no reasonable expectation of privacy in garbage left on the curb.
Significance: It reflects Maine’s interpretation of search and seizure under the Maine Constitution, sometimes differing from federal precedent.
Application at Maine Law:
Students compare Maine interpretations with federal precedent (e.g., California v. Greenwood, 486 U.S. 35 (1988)).
Helps students understand state-federal distinctions and how to advocate under state constitutional law.
🔹 Clinical and Experiential Learning with Case Law
Maine Law is known for its strong clinical programs, where students apply case law in real legal settings.
3. Refugee and Human Rights Clinic (RHRC)
Students represent asylum seekers and immigrants.
They prepare legal briefs citing administrative case law (e.g., BIA decisions).
They argue before immigration judges and sometimes in federal courts.
4. Privacy Law Focus
Maine Law is home to the Center for Law + Innovation, which emphasizes case law in areas like:
Data privacy and cybersecurity
HIPAA, GDPR, and U.S. common law privacy torts (e.g., intrusion upon seclusion – see Shulman v. Group W Productions, 18 Cal. 4th 200 (1998)*)
🔹 Practical Relevance in Maine Legal Practice
Graduates of Maine Law often go on to:
Clerk for Maine state and federal judges
Practice criminal, civil, or family law in Maine courts
Work in public interest roles or state government
Understanding Maine case law is essential for these roles. For example:
5. Family Law in Maine:
In re Adoption of T.D., 2022 ME 5
Issue: Balancing parental rights against the best interests of the child.
Holding: Maine courts reaffirmed the constitutional protections for parents while emphasizing judicial discretion based on child welfare.
Used in Law School: This case helps students understand constitutional family law and Maine-specific precedent.
🔹 Summary
| Feature | Explanation |
|---|---|
| Location | Portland, Maine |
| Focus | Public interest law, privacy, environmental law |
| Method | Common law education through case law |
| Case Law Use | Central to curriculum, including Maine and federal precedent |
| Clinics | Provide real-world application of case law |
| Bar Passage | Prepares students for Maine and national bar exams |
🔹 Final Note
The University of Maine School of Law uses case law not just as a teaching tool, but as the backbone of how law is analyzed and argued in Maine and beyond. By grounding its curriculum in judicial precedent, it ensures that students are prepared to operate in a common law system — including advocacy based on decisions from Maine's highest courts.
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