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Articles 1 - 30 of 74
Full-Text Articles in Law
Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington
Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington
Maryland Law Review
No abstract provided.
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg
Faculty Scholarship
Mediation and other alternative dispute resolution (ADR) processes are now well integrated into the United States judicial system, in both civil and criminal cases. This white paper, drafted for the American Bar Association Commission on the Future of Legal Services, summarizes empirical evidence about the costs and benefits of court-annexed ADR. The first-generation of ADR research found that mediation and other ADR processes resulted in high party satisfaction rates, high settlement rates, cost savings and efficiency, increased long-term cooperation among the parties, and higher compliance rates with the outcome. The paper then examines a ground-breaking study conducted by the Maryland …
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Maryland Law Review
No abstract provided.
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
Maryland Law Review
No abstract provided.
Scholarship: Daniel Goldberg And William Reynolds
Scholarship: Daniel Goldberg And William Reynolds
Maryland Carey Law
No abstract provided.
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
Journal of Business & Technology Law
No abstract provided.
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
United States V. Klein, Then And Now, Gordon G. Young
United States V. Klein, Then And Now, Gordon G. Young
Faculty Scholarship
United States v. Klein, decided during Reconstruction, was the first Supreme Court case to invalidate a statutory restriction on federal courts’ jurisdiction. It is the only one to do so by finding a violation of Article III of the Constitution. Klein has been cited in thirty-three United States Supreme Court opinions, and roughly five hundred times each by lower federal courts and law journal articles. Recent commentators have read Klein both too broadly and narrowly. Its central holding is that Congress may not grant federal courts jurisdiction to decide a set of cases on the merits while depriving them …
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Caperton V. A.T. Massey Coal Co.: Something Is Rotten In The State Of West Virginia—A Common-Law Approach To Constitutional Judicial Disqualification, Benjamin A. Levin
Caperton V. A.T. Massey Coal Co.: Something Is Rotten In The State Of West Virginia—A Common-Law Approach To Constitutional Judicial Disqualification, Benjamin A. Levin
Maryland Law Review
No abstract provided.
Diggs V. State: A Not-So-Plain Error? , Maggie T. Grace
Diggs V. State: A Not-So-Plain Error? , Maggie T. Grace
Maryland Law Review
No abstract provided.
Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty
Framing Justice: Media, Bias, And Legal Decisionmaking, Perry L. Moriearty
Maryland Law Review
No abstract provided.
Blackwell V. Wyeth: It’S Our Courtroom And We’Ll Frye (Only) If We Want To—The Maryland Court Of Appeals’S Unstated Adoption Of Daubert, Nancy E. Bonifant
Blackwell V. Wyeth: It’S Our Courtroom And We’Ll Frye (Only) If We Want To—The Maryland Court Of Appeals’S Unstated Adoption Of Daubert, Nancy E. Bonifant
Maryland Law Review
No abstract provided.
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs
Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt
The “Tomahawk” And The “Healing Balm:” Drug Treatment Courts In Theory And Practice, Richard C. Boldt
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak
A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Conversation With The Experts: The Future Of Problem-Solving Courts
A Conversation With The Experts: The Future Of Problem-Solving Courts
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah
Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns
The Future Of Problem-Solving Courts: Inside The Courts And Beyond, Stacy Lee Burns
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
The Future Of Problem-Solving Justice: An International Perspective, Greg Berman, Aubrey Fox
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Effects Of Net-Widening On Minority And Indigent Drug Offenders: A Critique Of Drug Courts, Joel Gross
The Effects Of Net-Widening On Minority And Indigent Drug Offenders: A Critique Of Drug Courts, Joel Gross
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Brief Of Amici Curiae In Support Of Respondent, Robert Calvin Brown, Iii V. State Of Maryland, No. 08-118, Brenda Bratton Blom
Brief Of Amici Curiae In Support Of Respondent, Robert Calvin Brown, Iii V. State Of Maryland, No. 08-118, Brenda Bratton Blom
Court Briefs
Amici brief filed by the University of Maryland School of Law’s Clinical Program and members of the Baltimore legal community including legal educators, lawyers, student attorneys, service providers, government administrators, community based organizations, and nationally recognized individuals from community justice initiatives and organizations on Respondent’s behalf. The individuals and organizations represented in the brief have all collaborated together to build and support what are colloquially known as “problem solving dockets”: courts that are specialized, alternative sentencing dockets that offer diversionary programs to qualified offenders. The dockets are run out of Maryland’s district and circuit courts, but not separate, freestanding judicial …
A Circumspect Look At Problem-Solving Courts, Richard C. Boldt
A Circumspect Look At Problem-Solving Courts, Richard C. Boldt
Faculty Scholarship
No abstract provided.
The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren
The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
"We Can't Tell Them Apart": When And How The Court Should Educate Jurors On The Potential Inaccuracies Of Cross-Racial Identifications, Aaron H. Chiu
"We Can't Tell Them Apart": When And How The Court Should Educate Jurors On The Potential Inaccuracies Of Cross-Racial Identifications, Aaron H. Chiu
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Diversifying The Delivery Of Legal Services To The Poor By Adding A Reduced Fee Private Attorney Component To The Predominantly Staff Model, Including Through A Judicare Program, Michael A. Millemann
Diversifying The Delivery Of Legal Services To The Poor By Adding A Reduced Fee Private Attorney Component To The Predominantly Staff Model, Including Through A Judicare Program, Michael A. Millemann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Journal of Health Care Law and Policy
No abstract provided.