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Full-Text Articles in Law
The Bumpy Road To The Supreme Court: Does The Second Amendment Prevent States From Prohibiting Ownership Of Assault-Style Rifles And High-Capacity Magazines?, James B. Astrachan
The Bumpy Road To The Supreme Court: Does The Second Amendment Prevent States From Prohibiting Ownership Of Assault-Style Rifles And High-Capacity Magazines?, James B. Astrachan
University of Baltimore Law Review
No abstract provided.
Never Alone: Why The Inevitable Influx Of Drones Necessitates A New Fourth Amendment Standard That Adequately Protects Reasonable Expectations Of Privacy, Paul Burgin
University of Baltimore Law Review
In June 2011, North Dakota cattle rancher Rodney Brossart became the first American to be arrested with the aid of a drone (Unmanned Aircraft System(s) or UAS) operated by law enforcement. Six cows found their way onto Brossart's property, and he refused to turn them over to law enforcement officials. Brossart and a few family members chased police officers off of his property at gunpoint, and police later returned with a warrant and SWAT team. A sixteen-hour standoff ensued until police called in the assistance of a UAS to pinpoint Brossart's exact location. Shortly thereafter, SWAT officers rushed in, tased, …
"And To Your Left You'll See...": Licensed Tour Guides, The First Amendment, And The Free Market, Kristin Tracy
"And To Your Left You'll See...": Licensed Tour Guides, The First Amendment, And The Free Market, Kristin Tracy
University of Baltimore Law Review
If you are a beer-lover visiting Washington, D.C., you might want to check out “DC Brew Tours,” a “beer tour company in the Capital region that offers daily brewery tours to Washington’s best breweries, brewpubs, and bars.” As you would expect, the tour includes samples of beer from a number of local craft breweries, as well as information about how each beer is made. What you might not expect, however, is that, until very recently, DC Brew tour guides were legally obligated to pass a written exam about the history of D.C., a topic which has little to do with …
It's "Exhausting": Reconciling A Prisoner's Right To Meaningful Remedies For Constitutional Remedies For Constitutional Violations With The Need For Agency Autonomy, Allen E. Honick
University of Baltimore Law Review
This Comment will address the inadequacy and injustice of the PLRA, specifically the “proper exhaustion” rule as expressed in Woodford v. Ngo. “Proper exhaustion” means that “a prisoner must complete the administrative review process in accordance with applicable procedural rules, including deadlines, as a precondition to bringing suit in federal court.” Failure to adhere to even the slightest procedural requirement is sufficient to warrant procedural default, i.e., a dismissal regardless of the merits of the underlying claim. The PLRA seeks to achieve laudable ends, but the means by which it does so leave much to be desired.
Symposium Foreword: Privacy Rights And Proactive Investigations: Emerging Constitutional Issues In Law Enforcement, Thiru Vignarajah
Symposium Foreword: Privacy Rights And Proactive Investigations: Emerging Constitutional Issues In Law Enforcement, Thiru Vignarajah
University of Baltimore Law Review
No abstract provided.
Comments: Keep It Clean: How Public Universities May Constitutionally Enforce Policies Limiting Student Speech At College Basketball Games, Jonathan Singer
Comments: Keep It Clean: How Public Universities May Constitutionally Enforce Policies Limiting Student Speech At College Basketball Games, Jonathan Singer
University of Baltimore Law Review
No abstract provided.
Comments: Rights, Regulations, And Revolvers: Baltimore City's Complex Constitutional Challenge Following District Of Columbia V. Heller, Ian W. Henderson
Comments: Rights, Regulations, And Revolvers: Baltimore City's Complex Constitutional Challenge Following District Of Columbia V. Heller, Ian W. Henderson
University of Baltimore Law Review
No abstract provided.
Four Terms Of The Kennedy Court: Projecting The Future Of Constitutional Doctrine, Kenneth M. Murchison
Four Terms Of The Kennedy Court: Projecting The Future Of Constitutional Doctrine, Kenneth M. Murchison
University of Baltimore Law Review
No abstract provided.
Remarkable Evolution: The Early Constitutional History Of Maryland, Charles A. Rees
Remarkable Evolution: The Early Constitutional History Of Maryland, Charles A. Rees
University of Baltimore Law Review
No abstract provided.
Essay: Referring To Foreign Law In Constitutional Interpretation: An Episode In The Culture Wars, Mark Tushnet
Essay: Referring To Foreign Law In Constitutional Interpretation: An Episode In The Culture Wars, Mark Tushnet
University of Baltimore Law Review
No abstract provided.
Comments: Immigrants, Health Care, And The Constitution: Medicaid Cuts In Maryland Suggest That Legal Immigrants Do Not Deserve The Equal Protection Of The Law, Tricia A. Bozek
University of Baltimore Law Review
No abstract provided.
Comments: A Poisoned Arrow In His Quiver: Why Forbidding An Entire Branch Of Government From Communicating With A Reporter Violates The First Amendment, Joseph S. Johnston
Comments: A Poisoned Arrow In His Quiver: Why Forbidding An Entire Branch Of Government From Communicating With A Reporter Violates The First Amendment, Joseph S. Johnston
University of Baltimore Law Review
"[There exists] a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."
"Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle."
Revitalizing The Quiet Ninth Amendment: Determining Unenumerated Rights And Eliminating Substantive Due Process, Christopher J. Schmidt
Revitalizing The Quiet Ninth Amendment: Determining Unenumerated Rights And Eliminating Substantive Due Process, Christopher J. Schmidt
University of Baltimore Law Review
No abstract provided.
Notes: Criminal Law — Constitutional Law — Maryland's "Son Of Sam" Statute Does Not Compel A Criminal Defendant To Turn Over Notoriety Of Crimes Contracts To The Attorney General. Curran V. Price, 334 Md. 149, 638 A.2d 93 (1994), Danielle B. Gibbs
University of Baltimore Law Review
No abstract provided.
Suits Against State Officials For Damages For Violations Of Constitutional Rights: Comparing Maryland And Federal Law, Stephen J. Shapiro
Suits Against State Officials For Damages For Violations Of Constitutional Rights: Comparing Maryland And Federal Law, Stephen J. Shapiro
University of Baltimore Law Review
No abstract provided.
Notes: Constitutional Law — Ex Post Facto — Was Adding The Requirement Of Gubernatorial Approval Of Parole To The Patuxent Institution's Parole Procedures And Reinstating Original Sentences A Violation Of The Prohibition Against Ex Post Facto Laws? Gluckstern V. Sutton, 319 Md. 634, 574 A.2d 898, Cert. Denied, 498 U.S. 950 (1990), Carolyn W. Evans
University of Baltimore Law Review
No abstract provided.
Notes: Sixth Amendment Right To A Speedy Trial — Delay Of Over Two Years Between Initial Arrest And Trial Not Prejudicial To Defendant's Right To A Fair And Speedy Trial. State V. Bailey, 319 Md. 392, 572 A.2d 544, Cert. Denied, 498 U.S. 841 (1990), Joseph W. Rasnic
University of Baltimore Law Review
No abstract provided.
Notes: Constitutional Law — First Amendment Freedom Of Speech — Statute Prohibiting "Loud And Unseemly" Noises Is A Content-Neutral Regulation Of Protected Speech. Eanes V. State, 318 Md. 436, 569 A.2d 604 (4-3 Decision), Cert. Denied, 110 S. Ct. 3218 (1990), Richard E. Guida
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — The Supreme Court Upholds The Constitutionality Of The Federal Sentencing Guidelines. Mistretta V. United States, 488 U.S. 361 (1989), Stanley Turk
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Law — Sentencing — Mandatory Sentencing Statute Requiring Life Imprisonment Without Parole For Habitual Offenders Of Violent Crimes Satisfies The Eighth Amendment's Proportionality Principle When Applied To A Fourth Conviction Of Daytime Housebreaking. State V. Davis, 310 Md. 611, 530 A.2d 1223 (1987), Thomas Patrick Ott
University of Baltimore Law Review
No abstract provided.
Free Exercise In The Free State: Maryland's Role In The Development Of First Amendment Jurisprudence, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In The Development Of First Amendment Jurisprudence, Kenneth Lasson
University of Baltimore Law Review
No abstract provided.
Choosing The Appropriate State Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia: A Theory Applied To Maryland Law, Stephen J. Shapiro
Choosing The Appropriate State Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia: A Theory Applied To Maryland Law, Stephen J. Shapiro
University of Baltimore Law Review
Forty-two U.S.C. section 1983 provides individuals with a federal cause of action for violations of their constitutional rights by persons acting under color of state law. The statute itself contains no limitations period for the filing of suits and, in keeping with settled federal practice, the lower federal courts have looked to state law to determine the proper limitations period. Because the lower courts adopted various inconsistent approaches to determining the appropriate state limitations period, the Supreme Court, in Wilson v. Garcia, held in 1985 that the federal courts should adopt the state limitations period for personal injury actions. In …
The Uncertain Scope Of The Plain View Doctrine, Howard E. Wallin
The Uncertain Scope Of The Plain View Doctrine, Howard E. Wallin
University of Baltimore Law Review
In recent years the Supreme Court has expanded the plain view exception to the warrant requirement by relaxing the prior valid intrusion and the inadvertency requirements. This article examines the resulting confusion in the state courts and identifies areas where judicial clarification is needed.
Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz
University of Baltimore Law Review
No abstract provided.
The Copyright Clause: "A Charter For A Living People", Ralph Oman
The Copyright Clause: "A Charter For A Living People", Ralph Oman
University of Baltimore Law Review
Mr. Oman has chosen the 200th anniversary of the adoption of the Constitution to deliver the following paean to the copyright clause.
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen
University of Baltimore Law Review
A topic of fervent debate in recent years has been the growing crisis in personal injury liability insurance, particularly in the area of medical malpractice. Insurers, doctors, and lawyers have presented differing theories as to the cause and solution of the problem. In 1986, the Maryland General Assembly sought to resolve the crisis by limiting the amount recoverable for noneconomic damages in a personal injury action to $350,000. Similar provisions in other states have been struck down as unconstitutional. This comment examines the constitutionality of Maryland's noneconomic damages limitation and argues that the damage limitation violates both the state and …
Casenotes: Constitutional Criminal Procedure — Self-Incrimination — Court May Compel Witnesses To Testify Before A Grand Jury Who Are Immune From Prosecution In The United States, But Amenable To Prosecution In A Foreign Jurisdiction. United States V. Under Seal, 794 F.2d 920 (4th Cir.), Cert. Denied, 107 S. Ct. 331 (1986), Ellen Beth Berkow
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Procedure — Absent A Showing Of Prejudice To The Defendant, Due Process Is Not Violated By Prosecutor's Contact With Counsel For Defense Witness In An Effort To Prevent Perjury. United States V. Teague, 737 F.2d 378 (4th Cir. 1984), Cert. Denied, 105 S.Ct. 913 (1985), Dennis Patrick Mcglone
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — Civil Procedure — Landlord And Tenant — Rent Escrow Statute Requiring Payment Into Escrow Of Accrued Rents Pursuant To Demand For Jury Trial In Summary Eviction Proceeding Is An Unconstitutional Infringement Of The Right To Jury Trial — Lucky Ned Pepper's Ltd. V. Columbia Park & Recreation Ass'n, 64 Md. App. 222, 494 A.2d 947 (1985), David J. Weymer
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Procedure — Despite Discrepancy Between Prior Description And Defendant's Actual Appearance, Eyewitness' Testimony Of Pretrial And In-Court Identifications Of Defendant Is Sufficient Evidence To Sustain A Conviction. Branch V. State, 305 Md. 177, 502 A.2d 496 (1986), Lisa Kristine Hoffman
University of Baltimore Law Review
No abstract provided.