Law Commons^™

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

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This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.

Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson

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In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.

The Uncertain Search For A Design Defect Standard, Steven A.G. Davison

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No abstract provided.

Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson

All Faculty Scholarship

In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.

Constitutionalizing Forfeiture Law—The German Example, James Maxeiner

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This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.

Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner

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This article refutes the claimed historical bases for criminal law in rem forfeiture.

Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer

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The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.

A History Of Appalachian Coal Mines, Kenneth Lasson

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This portion of the study discusses the social and economic antecedents of today's Appalachian coal industry. The time covered includes from pre-history up to the date of the study (1972).

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

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No abstract provided.

The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson

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This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.

Two Workers, Kenneth Lasson

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This article profiles two individuals who were workers in two distinct industries. The first profile is of Dotty Neal, who at the time of this article's writing, worked for the Chesapeake & Potomac Telephone Company, in Maryland. The nature of her job and work are described, often in her own words. The second profile is of Ray Murdock, who worked as a sanitary worker, or "garbageman," in Boston, MA. Again, the nature of this kind of work is described, often in Murdock's own words. The article shows how much technology has changed in the telecommunications industry, and perhaps how much …

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

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No abstract provided.

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

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No abstract provided.

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

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This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.

Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson

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Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.

The scope of this article will not extend beyond a sketch of the important …

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

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There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …

Punitive Damages: Punishment Of An Insured Defendant?, Carroway V. Johnson, Kenneth Lasson

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The plaintiff sued the defendant for injuries sustained in an automobile collision and was awarded a judgment in the amount of $5,000 actual damages and $1,500 punitive damages. The defendant's insurance company had refused to defend her in that action or to pay the judgment obtained, relying upon an employee exclusion clause in the policy. The plaintiff thereupon sued the defendant on the judgment, this time joining the insurer as a co-defendant, and won a verdict to recover against the insurer the aforesaid amount. The insurance company appealed, questioning its liability for punitive damages.