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Casenotes: Constitutional Law — Constitutional Guarantees Of Open Public Proceedings In Criminal Trials Extend To Voir Dire Examination Of Potential Jurors. Press-Enterprise Co. V. Superior Court, 104 S. Ct. 819 (1984), Kevin M. Soper
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 14 Number 3 (Spring 1985) Front Matter
University Of Baltimore Law Review Volume 14 Number 3 (Spring 1985) Front Matter
University of Baltimore Law Review
No abstract provided.
Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton
Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton
University of Baltimore Law Review
In 1971, the Maryland General Assembly and court of appeals adopted the prompt trial provisions. It was not until the court's 1979 decision in State v. Hicks, however, that the "teeth" were put into the provisions, by supplying dismissal as the sanction for violation of the defendant's rights under the prompt trial provisions. Since that time, there has been an abundance of litigation in an attempt to clarify the applicability of the provisions and the sanction. In this article, the author presents a practical guide to the Maryland prompt trial provisions, analyzing the provisions and the wealth of recent case …
Casenotes: Criminal Procedure — Appellate Review Of Sentencing — Sentencing Guidelines — Sentencing Judge's Mistaken Application Of Sentencing Guidelines Did Not Require Appellate Court To Vacate Sentence When Sentence Was Within Statutory Limits And Was The Result Of The Judge's Good Faith Exercise Of Discretion. Teasley V. State, 298 Md. 364, 470 A.2d 337 (1984), Mary Elizabeth Wildemann
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 14 Number 2 (Winter 1985) Front Matter
University Of Baltimore Law Review Volume 14 Number 2 (Winter 1985) Front Matter
University of Baltimore Law Review
No abstract provided.
Casenotes: Torts — Negligence — Physicians Are Liable For The Expenses Of Raising A Child When The Child's Birth Is The Result Of A Negligently Performed Sterilization Procedure. Jones V. Malinowski, 299 Md. 257, 473 A.2d 429 (1984), Lisa Stello
University of Baltimore Law Review
No abstract provided.
Casenotes: New Trials — Juror Misconduct — Evidence — Where Motion For New Trial Is Based On Jury's Exposure To Extraneous Matter During Deliberations, Movant Must Show Probable Prejudice — Jurors' Affidavits Are Incompetent Evidence. Wernsing V. General Motors Corp., 298 Md. 406, 470 A.2d 802 (1984), Laurell Kalvan
University of Baltimore Law Review
No abstract provided.
Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.
Health Claims Arbitration In Maryland: The Experiment Has Failed, James Kevin Macalister, Alfred L. Scanlan Jr.
University of Baltimore Law Review
The authors note that Maryland's system for health claims arbitration has failed to reduce the number of malpractice suits, the size of damages awards, or the delay in resolving these claims. After reviewing the current system, its strengths and weaknesses, and various proposals to remedy its problems by amending the current legislation, the authors advance their own suggestions for amending Maryland's health claims arbitration legislation.
Commments: Putting The House In Order: An Analysis Of And Planning Considerations For Home Office Deduction, Mark T. Holtschneider
Commments: Putting The House In Order: An Analysis Of And Planning Considerations For Home Office Deduction, Mark T. Holtschneider
University of Baltimore Law Review
Section 280A of the Internal Revenue Code allows a taxpayer to deduct expenses incurred with respect to his home office only if the home office qualifies as a principal place of business, is a place of business where he meets or deals with patients, clients, or customers, or is in a separate structure detached from his residence. These exceptions, designed to permit a home office deduction only to deserving taxpayers, have been a point of contention between the Internal Revenue Service and taxpayers. In this comment, the author examines the statutory components of section 280A, reviews the decisional law, suggests …
Commments: Preserving Historic Structures: An Analysis Of Regulatory Legislation And Tax Incentives In Federal, Maryland, And Municipal Law, Louis P. Ruzzi
Commments: Preserving Historic Structures: An Analysis Of Regulatory Legislation And Tax Incentives In Federal, Maryland, And Municipal Law, Louis P. Ruzzi
University of Baltimore Law Review
Preservation of historic resources allows society to maintain its cultural identity for future generations by providing a link to its past. In this comment, the author analyzes the federal protection afforded historically significant property, examines the available tax incentives for the rehabilitation of historic structures, and reviews state and local efforts in Maryland to preserve historically significant structures. The author concludes that tax incentives in tandem with state and local regulation constitute the most effective means of preserving historic resources.
Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered By Law Enforcement Officials Without Probable Cause To Believe The Defendant Was Driving While Intoxicated. People V. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney
University of Baltimore Law Review
No abstract provided.
Book Reviews: Maryland Rules Commentary, George W. White Jr.
Book Reviews: Maryland Rules Commentary, George W. White Jr.
University of Baltimore Law Review
No abstract provided.
Book Reviews: Sources Of Law, Legal Change And Ambiguity, Walter A. Rafalko
Book Reviews: Sources Of Law, Legal Change And Ambiguity, Walter A. Rafalko
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 15 Number 1 (Fall 1985) Front Matter
University Of Baltimore Law Review Volume 15 Number 1 (Fall 1985) Front Matter
University of Baltimore Law Review
No abstract provided.
Book Review: Final Judgment. My Life As A Soviet Defense Attorney, Yevsey Podolsky
Book Review: Final Judgment. My Life As A Soviet Defense Attorney, Yevsey Podolsky
University of Baltimore Law Review
No abstract provided.
Commments: Preemption Of State Law Under The Federal Arbitration Act, Douglas M. Fox
Commments: Preemption Of State Law Under The Federal Arbitration Act, Douglas M. Fox
University of Baltimore Law Review
The Federal Arbitration Act, in contrast to common law, makes arbitration agreements in contracts "evidencing a transaction involving commerce" valid and enforceable. Recent decisions of the United States Supreme Court mandate that the federal Act be applied in both federal and state courts. In this comment, the author traces the history of the federal Act and addresses the threshold question of what activities satisfy the commerce requirement. The author examines the inconsistencies that arise when the federal Act is applied in state courts and urges Congress to revise the Act in light of these inconsistencies. Finally, potential changes in Maryland …
The Demography Of Probate Administration, Robert A. Stein, Ian G. Fierstein
The Demography Of Probate Administration, Robert A. Stein, Ian G. Fierstein
University of Baltimore Law Review
This article is the second in a series of articles reporting the results of a multi-jurisdiction study of estate administration. Specifically, this article focuses on the frequency and types of administration proceedings utilized by decedents' estates; the extent to which fluctuations in testacy rates among states are attributable to various state-specific advantages provided estates left by testate decedents and variables such as age and sex of decedent; and the size and composition of estates undergoing administration proceedings. The data that provide the basis for this article were gathered in 1976. The authors provide an organized presentation of data that will …
Casenotes: Constitutional Law — First Amendment — Regulation Prohibiting Sleeping In National Parks Upheld As A Valid Time, Place, And Manner Regulation Regardless Of Whether Sleeping Is Speech. Clark V. Community For Creative Non-Violence, 104 S. Ct. 3065 (1984), Susan H. Hickes
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — In Personam Jurisdiction — Nonresident Insurer's Solicitation Of Modification To Insurance Contract Provides Sufficient Minimum Contact With Forum State To Satisfy Due Process Jurisdictional Requirements. August V. Hba Life Insurance Co., 734 F.2d 168 (4th Cir. 1984), Elizabeth Suzan Vanlaningham-Miller
Casenotes: Constitutional Law — In Personam Jurisdiction — Nonresident Insurer's Solicitation Of Modification To Insurance Contract Provides Sufficient Minimum Contact With Forum State To Satisfy Due Process Jurisdictional Requirements. August V. Hba Life Insurance Co., 734 F.2d 168 (4th Cir. 1984), Elizabeth Suzan Vanlaningham-Miller
University of Baltimore Law Review
No abstract provided.
Book Reviews: Guide To Maryland Zoning Decisions; Handling The Land Use Case, Philip J. Tierney
Book Reviews: Guide To Maryland Zoning Decisions; Handling The Land Use Case, Philip J. Tierney
University of Baltimore Law Review
No abstract provided.
Comment: "Piercing The Corporate Veil" In Maryland: An Analysis And Suggested Approach, Denise L. Speer
Comment: "Piercing The Corporate Veil" In Maryland: An Analysis And Suggested Approach, Denise L. Speer
University of Baltimore Law Review
In Maryland, it is well settled that the veil of a corporate entity may be pierced only to prevent fraud or to enforce a paramount equity. This test, formulated to balance the policy of limited shareholder liability with the interest of serving justice, has produced disparate results. This comment surveys the tests employed by other jurisdictions, reviews and criticizes the policies and application of the Maryland standard, and advocates the adoption of a more equitable approach in veil piercing cases - a "many factors" analysis.
Casenotes: Constitutional Law — Standing — Parents Of Black Children Attending Public Schools Undergoing Desegregation Lack Standing To Challenge Allegedly Ineffective Irs Procedures Designed To Limit Tax-Exempt Status To Racially Nondiscriminatory Private Schools. Allen V. Wright, 104 S. Ct. 3315 (1984), Susan D. Cobun
University of Baltimore Law Review
No abstract provided.
The Paquete Habana: A Case History In The Development Of International Law, Scott W. Stucky
The Paquete Habana: A Case History In The Development Of International Law, Scott W. Stucky
University of Baltimore Law Review
In The Paquete Habana, decided in 1900, the United States Supreme Court adopted the doctrine that coastal fishing vessels are exempt from capture as prize of war. The Court held that the exemption was an established custom of international law, which—in the absence of a controlling executive or judicial decision—should be incorporated into the corpus of our common law. The Paquete Habana influenced the development of positive rules of international law that expanded the class of civilian vessels that are exempt from capture. Recently, the lower federal courts have begun to utilize The Paquete Habana as precedent for the incorporation …
Commments: Continuing Vitality Of The "Goods Or Services" Test, Wayne Michael Willoughby
Commments: Continuing Vitality Of The "Goods Or Services" Test, Wayne Michael Willoughby
University of Baltimore Law Review
The term "trade or business" is used frequently throughout the Internal Revenue Code, and the determination of whether a taxpayer's activities constitute a trade or business has a major impact on the applicable tax treatment. Unfortunately, no definition of trade or business is supplied in the Internal Revenue Code, the legislative history, or the Treasury Regulations. Consequently, the courts have been left this task and two different standards for determining trade or business status have emerged. In this comment, the author reviews the history of the term "trade or business, " examines the decisional law, and analyzes the two current …
Casenotes: Evidence — Use Of Prior Bad Acts Not Resulting In Conviction Are Permissible For Impeachment Purposes If Probative Of Veracity And Readily Provable. State V. Cox, 298 Md. 173, 468 A.2d 319 (1983), John Jude Hathway
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — Sixth Amendment Guarantees Assistance Of Counsel That Is Reasonably Effective And Does Not Prejudice The Fairness Of The Proceeding. Strickland V. Washington, 104 S. Ct. 2052 (1984), Jonathan E. Fink
University of Baltimore Law Review
No abstract provided.
Casenotes: Workers' Compensation Law — Coemployee Liability — Injured Employees May Not Recover Damages From Supervisors Or Corporate Officers Absent The Breach Of A Personal Duty Of Care. Athas V. Hill, 300 Md. 133, 476 A.2d 710 (1984), Michael L. Jennings
University of Baltimore Law Review
No abstract provided.
Casenotes: Title Vii — Employment Discrimination — Title Vii Provides Claim For Law Firm Associate Alleging Sex Discrimination In Partnership Selection. Hishon V. King & Spalding, 104 S. Ct. 2229 (1984), Marjorie H. Wax
University of Baltimore Law Review
No abstract provided.
Casenotes: Judicial Immunity — State Judicial Officials Are Not Immune From Prospective Relief In An Action Brought Under 42 U.S.C. § 1983 Or From Paying Attorney's Fees To Prevailing Parties Pursuant To 42 U.S.C. § 1988. Pulliam V. Allen, 104 S. Ct. 1970 (1984), Douglas Noah Silber
University of Baltimore Law Review
No abstract provided.
Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith
Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith
University of Baltimore Law Review
The recognition of the Bivens-style action, or the constitutional tort, has been followed by the Supreme Court's recent assertion that these actions will be unavailable where Congress has established an elaborate remedial scheme that should not be augmented by a judicial remedy. The author of this article posits that this necessary limitation on Bivens actions may produce an ironic result in the area of public personnel. The author reasons that those employees whom Congress has determined warrant no statutory protection may be permitted to pursue more lucrative judicial remedies than those employees whom Congress has sought to protect. The author …