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Articles 1 - 30 of 61
Full-Text Articles in Entire DC Network
Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson
Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson
All Faculty Scholarship
The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.
Thus Big Brother has been the enemy from long before the Magna Carta and long since …
Doj Adds Revisionist Dollop To '82 Merger Guidelines, Joe Sims, Robert H. Lande
Doj Adds Revisionist Dollop To '82 Merger Guidelines, Joe Sims, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer
Involuntary Servitude: The Current Enforcement Of Employee Covenants Not To Compete – A Proposal For Reform, Phillip J. Closius, Henry M. Schaffer
All Faculty Scholarship
A covenant not to compete is a contractual restriction upon an individual's ability to compete with another person or entity following the termination of some transaction or relationship between the two. Because of the increasing emphasis in the American economy on technically skilled employees and service oriented businesses, the covenant not to compete has become a standard addition to employment contracts. Moreover, the number of litigated and reported cases may represent only a small percentage of the actual number of employment restrictions currently in force. Regardless of their validity and enforceability, covenants not to compete chill the free movement of …
Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard
Public Land Banking And Mount Laurel Ii — Can There Be A Symbiotic Relationship?, Cassandra Jones Havard
All Faculty Scholarship
The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township of Mount Laurel may accurately be told in terms of plans having gone awry. The New Jersey Supreme Court invalidated the two attempts by Mount Laurel to regulate land through the implementation of fiscal zoning ordinances. In its most recent decision, Mount Laurel II, the court imposed upon communities a state constitutional obligation to provide adequate housing opportunities for low- and moderate-income families. Mount Laurel II thus defines the constitutional limitations on a municipality's power to regulate land. It also establishes a supporting corollary: …
Common Carrier Liability Under The Copyright Act Of 1976, Howard W. Simcox Jr.
Common Carrier Liability Under The Copyright Act Of 1976, Howard W. Simcox Jr.
University of Baltimore Law Forum
No abstract provided.
Commentary: Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel
Commentary: Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel
University of Baltimore Law Forum
No abstract provided.
University Of Baltimore Law Forum Volume 15 Number 1 (Fall 1984) Front Matter
University Of Baltimore Law Forum Volume 15 Number 1 (Fall 1984) Front Matter
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Computer Software Copyrightability, Sylvia Halkousis
Recent Developments: Computer Software Copyrightability, Sylvia Halkousis
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Case Comment: Pouncey V. State--Guilty And Insane, James Poulos
Recent Developments: Case Comment: Pouncey V. State--Guilty And Insane, James Poulos
University of Baltimore Law Forum
No abstract provided.
State Adoption Of Federal Law - Legislative Abdication Or Reasoned Policymaking?, Arnold Rochvarg
State Adoption Of Federal Law - Legislative Abdication Or Reasoned Policymaking?, Arnold Rochvarg
All Faculty Scholarship
There is little doubt that in order to best fulfill public policy goals,
coordination between the federal and state governments is
desirable.' Coordination has been sought over the years, for example,
by federal grants-in-aid, and the enactment of federal laws which are
dependent upon state law. One technique which has been employed
by the states to further coordinate state and federal law is incorporation
of federal law into state law. Although it is beyond question that
there is no constitutional problem when a state legislature adopts
existing federal law or regulations: constitutional questions do arise
when a state attempts to …
The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser
The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser
University of Baltimore Law Forum
No abstract provided.
Fair Housing Testing: Its Legal Status And Policy Implications, Peter E. Millspaugh
Fair Housing Testing: Its Legal Status And Policy Implications, Peter E. Millspaugh
University of Baltimore Law Review
Segregation in housing remains pervasive despite legislative attempts to end housing discrimination. The lack of a meaningful enforcement scheme has forced private litigants to seek their remedy for housing discrimination through the courts. To present a prima facie case of housing discrimination, private litigants have used individuals known as "testers," who pose as renters or home seekers in an attempt to secure evidence of disparate treatment. Although courts have accepted tester evidence as a necessary evil in exposing housing discrimination, the widespread use of tester evidence imposes significant costs on society and should not become the cornerstone of a national …
Casenotes: Constitutional Law — Income Tax Deductions For Tuition, Transportation, And Textbook Expenditures Made By Parents Of Children Attending Public And Nonpublic Elementary And Secondary Schools Are Not Violative Of The Establishment Clause Of The First Amendment. Mueller V. Allen, 103 S. Ct. 3062 (1983), Judith D. Markoya
University of Baltimore Law Review
No abstract provided.
Casenotes: Torts — Domestic Law — Maryland Abrogates Interspousal Immunity In Negligence Cases. Boblitz V. Boblitz, 296 Md. 242, 462 A.2d 506 (1983), Brian Seth Jablon
Casenotes: Torts — Domestic Law — Maryland Abrogates Interspousal Immunity In Negligence Cases. Boblitz V. Boblitz, 296 Md. 242, 462 A.2d 506 (1983), Brian Seth Jablon
University of Baltimore Law Review
No abstract provided.
Massachusetts Securities Regulation: In Search Of The Fulcrum, Stephen M. Honig
Massachusetts Securities Regulation: In Search Of The Fulcrum, Stephen M. Honig
University of Baltimore Law Review
The Massachusetts Securities Division and representatives of the Massachusetts Securities Bar are currently reevaluating Massachusetts blue sky regulation. In this article, the author reviews the existing practices, and concludes that the Division has waivered between adopting a merit review or disclosure approach to regulation of registered and exempt offerings. The author concludes that vigorous merit review is unjustified under the Massachusetts statute, and advocates fundamental reform of existing practices to ensure certainty in regulation and national uniformity.
Casenotes: Blue Sky Law — New York Blue Sky Law Antifraud Provision Used To Impose Criminal Liability On Attorney Who Engaged In Insider Trading. People V. Florentino, 116 Misc. 2d 692, 456 N.Y.S.2d 638 (N.Y. Crim. Ct. 1982), Ralph V. Partlow Iii
University of Baltimore Law Review
No abstract provided.
Casenotes: Title Vii — Spousal Pregnancy Benefits — Differential Treatment Of Spousal Benefits Violates Title Vii. Newport News Shipbuilding & Dry Dock Co. V. Eeoc, 103 S. Ct. 2622 (1983), Mari Stanley
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Law — Life Sentence Without Parole Imposed On Recidivist Guilty Of Seven Non-Violent Crimes Constitutes Cruel And Unusual Punishment Under The Eighth Amendment Proportionality Test — Solem V. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman
University of Baltimore Law Review
No abstract provided.
Casenotes: Federal Income Tax — Foreign Currency Transactions — Loss On Borrowing And Repayment Of Foreign Currency, Even Though Foreign Currency Is A Capital Asset, Results In An Ordinary Loss As There Was No Sale Or Exchange. National-Standard Co. V. Commissioner, 80 T.C. 551 (1983), Neil Z. Insel
University of Baltimore Law Review
No abstract provided.
Casenotes: Securities Fraud — Rule 10b-5 — Tippee Liability Requires Breach Of Fiduciary Duty By Tipper, And Tippee's Knowledge Of The Breach. Dirks V. Sec, 103 S. Ct. 3255 (1983), Nancy I. Knapp
University of Baltimore Law Review
No abstract provided.
Recent Developments: Sec Relaxes Information Requirements For Resales Of Restricted Securities Under Rule 144, Jeb Stuart Fries
Recent Developments: Sec Relaxes Information Requirements For Resales Of Restricted Securities Under Rule 144, Jeb Stuart Fries
University of Baltimore Law Forum
No abstract provided.
The Jail Crisis In America Today: What Value Do Jails Have? Who Should Be Sent To Them And For How Long?, Stanley B. Frosh
The Jail Crisis In America Today: What Value Do Jails Have? Who Should Be Sent To Them And For How Long?, Stanley B. Frosh
University of Baltimore Law Forum
No abstract provided.
Lost Privacy In The Computer Age: Computer Matching Programs Are Turning Uncle Sam Into Big Brother, Miriam Lapp Azrael
Lost Privacy In The Computer Age: Computer Matching Programs Are Turning Uncle Sam Into Big Brother, Miriam Lapp Azrael
University of Baltimore Law Forum
No abstract provided.
The Moment Of Silence In Public Schools: Valid Educational Activity Or Attempt To Breach The Church-State Wall?, James A. Helfman
The Moment Of Silence In Public Schools: Valid Educational Activity Or Attempt To Breach The Church-State Wall?, James A. Helfman
University of Baltimore Law Forum
No abstract provided.
University Of Baltimore Law Forum Volume 14 Number 2 (Spring 1984) Front Matter
University Of Baltimore Law Forum Volume 14 Number 2 (Spring 1984) Front Matter
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Lack Of Jury Impartiality Required For New Trial, Deborah Zgorski
Recent Developments: Lack Of Jury Impartiality Required For New Trial, Deborah Zgorski
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Validity Of Antenuptial Agreements, Kathleen Runyon
Recent Developments: Validity Of Antenuptial Agreements, Kathleen Runyon
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Rape Trauma Syndrome, Cathi Van De Meulebroecke
Recent Developments: Rape Trauma Syndrome, Cathi Van De Meulebroecke
University of Baltimore Law Forum
No abstract provided.
The Current Relevancy Of Keeping And Bearing Arms - A Commentary, Robert Dowlut
The Current Relevancy Of Keeping And Bearing Arms - A Commentary, Robert Dowlut
University of Baltimore Law Forum
No abstract provided.
University Of Baltimore Law Review Volume 13 Number 2 (Winter 1984) Front Matter
University Of Baltimore Law Review Volume 13 Number 2 (Winter 1984) Front Matter
University of Baltimore Law Review
No abstract provided.