Law Commons^™

The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson

All Faculty Scholarship

Such irreverence was nothing new to Nimrod. A half-century earlier he had encouraged [Abraham], who'd publicly renounced idolatry even though his father manufactured and sold graven images: how ridiculous, he reasoned, to worship clay figures that had been made the day before! Thus did Nimrod have Abraham thrown into a fiery furnace, from which, according to Midrashic legend, he emerged unscathed. Unlike Nimrod, Abraham eschewed power in favor of teaching ethics and morality to his people.

In the intervening years Nimrod concerned himself with the building of great cities as testimony to his own power and invincibility. And in 1996 …

Anticonsumer Effects Of Union Mergers: An Antiitrust Solution, Robert H. Lande, Richard O. Zerbe Jr.

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Should unions and corporations be treated identically under the antitrust laws? This article explores this provocative question by examining whether union mergers should be subject to the antitrust laws. Currently unions and corporations are treated very differently. Large corporate mergers are blocked if their effect "may be substantially to lessen competition, or to tend to create a monopoly". They are permitted if they are likely to be benign, procompetitive, or proconsumer.

Collective bargaining, by contrast, enjoys a broad exemption from the antitrust laws. If they follow appropriate procedures, unions - even unions that, when taken together, cover all workers within …

'Complete' Accrual Taxation, Fred B. Brown

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Under the realization rule, accrued gains and losses generally are not taken into account for income tax purposes until a disposition occurs. Thus, the realization rule is responsible for tax deferral, which in turn likely leads to economic inefficiencies and inequities. The realization rule also contributes greatly to the complexity of the federal income tax system by necessitating numerous Internal Revenue Code provisions that address the many consequences arising from the decision to postpone taxation until a disposition occurs.

An alternative to the realization rule is accrual taxation - the inclusion in the tax base of annual increases and decreases …

The Tintinnabulation Of Bell's Letters, Kenneth Lasson

All Faculty Scholarship

It is easy to admire Derrick Bell for the passion of his principles, and to empathize with the pain he feels for his people. Those same emotions, however, are so often conveyed with such rhetorical acrimony that his considerable merits as a role model - as well as his standing as an impartial scholar engaged in objective and well-reasoned analysis - have come to be substantially diminished. Nevertheless Bell's letters have a disturbing resonance, a tintinnabulation that gives many people of good will second thoughts about the quest for equality in America.

Professor Bell certainly has a right to his …

The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson

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This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …

The New World Order: Sovereignty, Human Rights And The Self-Determination Of Peoples, Mortimer N.S. Sellers

Books

The end of the Cold War has allowed for the prospect of a New World Order, in which the United Nations and other 'international actors' may return to their post-war mandate of maintaining international peace and security through collective action. This book addresses the central question of sovereignty under the new regime: which internal actions of states will justify intervention by the international community? The unifying theme of these chapters — written from a wide variety of national and cultural perspectives — is the conflict between cultural relativism and human rights in the postmodern world. Eleven authors address these questions …

Reverse Engineering Of Computer Software And U.S. Antitrust Law, Robert H. Lande, Sturgis M. Sobin

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This article explores when efforts by firms to restrict reverse engineering of their software, and corresponding agreements by other firms not to reverse engineer this software, could raise significant antitrust issues.

This article provides an overview of how the laws prohibiting certain acts of monopolization, attempted monopolization, refusals to deal, and tying might apply to restrictions and agreements concerning the reverse engineering of computer software. As a necessary predicate to this analysis, the article first briefly describes the contours of intellectual property protection for software, including the fair use and the copyright misuse doctrines.

Foolish Consistency: On Equality, Integrity, And Justice In Stare Decisis, Christopher J. Peters

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The doctrine of stare decisis often seems anomalous in a legal system ostensibly devoted to justice: It purports to require that courts, in the name of consistency, sometimes reach decisions they otherwise would reject as unjust. As such, stare decisis is a particular application of a more general belief that decisionmakers should strive for consistency as well as-and sometimes instead of-substantive correctness. What can justify this occasional preference for consistent decisions over correct ones?

Mr Peters explains that, in the context of stare decisis, two types of response to this question can and have been offered by courts and commentators. …

The Impact Of The Americans With Disabilities Act On Legal Education And Academic Modifications For Disabled Law Students: An Empirical Study, Donald H. Stone

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Law schools face the challenge of providing disabled students with reasonable accommodations in their academic setting in a fair and equitable manner. Disabled law students continue to demand academic modifications in course examinations by claiming to be persons with mental or physical disabilities. Law schools are also beginning to see requests for extension of time for degree completion, priority in course registration, and authorization to tape record classes, all by virtue of an entitlement under the mandates of the Americans with Disabilities Act (ADA).

Persons with a wide range of disabilities are seeking academic modifications from their law schools. What …

Perspectives On Missouri V. Jenkins: Abandoning The Unfinished Business Of Public School Desegregation 'With All Deliberate Speed', José F. Anderson

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This essay examines the continuing struggle that centers around whether this country will allow public elementary and secondary school officials to use race-conscious, and sometimes aggressive, tools to eliminate the continuing presence of predominantly single race schools in most of our urban centers. Despite the promise of Brown v. Board of Education, the efforts to desegregate schools in some areas of America appear to have eliminated only the legal barriers to truly integrated schools. Many school systems have simply resegregated through demographic shifts prompted by urban decay and "white flight." In Missouri v. Jenkins, the Supreme Court struck down certain …

Republican Principles In International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Political Correctness Askew: Excesses In The Pursuit Of Minds And Manners, Kenneth Lasson

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Political Correctness, n., the avoidance of forms of expression or action that exclude, marginalise or insult racial and cultural minorities.
- Oxford English Dictionary (9th Edition)

All I want of you is a little seevility, and that of the commonest goddamnedest kind.
- Z. W. Pease, The History of New Bedford (1918)

Forgive us all our peccadilloes.

With the fullness of time, when all has been said and done in both the heat of the moment and the cooler perspective of experience, what has come to be called "Political Correctness" will be revealed as little more than passionate folly-merely another …

Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson

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Regardless of his finish in the primaries, Mr. Buchanan is determined to be heard from at the Republican National Convention in late summer. Mr. [Bob Dole] would like his endorsement for the votes it would provide, but cannot be serious about hoping "that Pat Buchanan would find it in his heart as a good Republican to join forces and close ranks." Can good Republicans be outright bigots? Does Mr. Dole have a political death wish?

What's in Mr. Buchanan's heart is the cause. "We'll go forward," he vowed on national television, "fighting for the cause." But the purity of the …

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

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(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …

The Use And Effectiveness Of Various Learning Materials In An Evidence Class, Stephen J. Shapiro

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Like many law teachers, I take reasonable care in selecting the outside materials I require my students to use (or recommend to them) in preparing for class and studying for the exam. I base my choice on my own notions of what would be most helpful to them in learning the material, preparing for class, succeeding on the exam, and preparing to be lawyers. I carefully weigh such matters as length of assignment, interest to the students, and active versus passive learning.

My assessment, however, is based almost entirely on my own notions of what the students will find most …

Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson

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Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.

The most notable example of a professor who stood …

Wilson V. Arkansas: The "Knock & Announce" Rennaissance, Philip S. Jackson

University of Baltimore Law Forum

No abstract provided.

Inadequate Training In The Use Of Non-Deadly Force As The Next Frontier In Federal Civil Liability: Analysis Of The Baltimore City Baton Program, Brian L. Deleonardo

University of Baltimore Law Forum

Police officers possess awesome powers. They perform their duties under hazardous conditions and with the vigilant public eye upon them. Police officers are permitted only a margin of error in judgment under conditions that impose high degrees of physical and mental stress. Their general responsibility to preserve peace and enforce the law carries with it the power to arrest and to use force - even deadly force

Recent Developments: Vernonia School Dist. 47j V. Acton: Random Drug Testing Of Student Athletes Not Violative Of Their Fourth Amendment Right Against Unreasonable Searches, Francis A. Pommett Iii

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Attorney Grievance Comm'n V. Kenney: Alcoholism Is A Mitigating Factor In Disciplinary Actions Only When The Attorney Establishes Truly Compelling Circumstances, Michele L. Katz

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Falcinelli V. Cardascia: Procedural Error Caused Court To Uphold Jury Judgment Which Exceeded Amount Of Damages Requested In The Complaint, Pinelopi Makrodimitris

University of Baltimore Law Forum

No abstract provided.

Battling The Voices Of Unreason: Hud Plays Foul In Its Fight To Uphold The Fha, Amanda Stakem Conn

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Jackson V. State: Prior Convictions Of Similar Crimes May Be Admissible For Impeachment Purposes When The Probative Value Of The Evidence Outweighs The Prejudicial Effect, Michele L. Katz

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Thompson V. Keohane: State Determinations Of "In Custody" For Miranda Purposes Are Not Presumptively Correct Under 28 U.S.C. § 2254(D) And Are Subject To Federal Review, Paul J. Wilson

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum Volume 27 Number 1 (Summer/Fall 1996) Front Matter

University of Baltimore Law Forum

No abstract provided.

The Office Of Administrative Hearings: Implementing A Due Process Revolution In Maryland Administrative Justice, Jeffrey J. Utermohle

University of Baltimore Law Forum

No abstract provided.

Recent Developments: C.S. V. Prince George's County Department Of Social Services: Court Of Appeals Clarifies Procedural Mechanisms For Those Who Have Been Accused Of Child Abuse Or Neglect, Beverly I. Heydon

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Medtronic V. Lohr: State Common-Law Claims Involving Class Iii Medical Devices Are Not Pre-Empted By The Medical Device Amendments Of 1976, Rosemary V. Bourne

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Sasaki V. Class: Mention Of Federal Statutory Cap On Non-Economic Damages During Closing Arguments By Plaintiff's Counsel Violated The Civil Rights Act Of 1991, Latina Burse

University of Baltimore Law Forum

No abstract provided.

Recent Developments: United States V. Virginia: State May Not Maintain A "Unique" Single-Sex Educational Facility Without Providing A Comparable Facility To The Excluded Gender, Marshall N. Perkins

University of Baltimore Law Forum

No abstract provided.