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Articles 1 - 30 of 58
Full-Text Articles in Law
Governmental Liability Under Cercla, Steven A.G. Davison
Governmental Liability Under Cercla, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
All Faculty Scholarship
From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …
An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb
An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb
All Faculty Scholarship
Traditionally, the legal system has attempted to fashion morality in determining family legal issues rather than to devise legal remedies that accommodate how families live. This approach must change, and a new approach based on legal realism that effectuates the well-being of families and children must be developed. This article proposes an interdisciplinary approach based on an ecological and therapeutic jurisprudential paradigm to resolve family legal proceedings. An ecological approach, emanating from the ecology of human development social science paradigm, is one in which family law decision-makers consider factors beyond their conceptions of the family. This approach urges decision-makers to …
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
All Faculty Scholarship
The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …
A Feminist View Of American Elder Law, Rebecca Korzec
A Feminist View Of American Elder Law, Rebecca Korzec
All Faculty Scholarship
ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.
As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …
From Surrogates To Stories: The Evolution Of Federal Merger Policy, Robert H. Lande, James Langenfeld
From Surrogates To Stories: The Evolution Of Federal Merger Policy, Robert H. Lande, James Langenfeld
All Faculty Scholarship
This article traces the evolution of federal merger policy. It documents how merger enforcement originally was largely based upon very strong structural presumptions. These presumptions gradually eroded and other factors became more and more important in enforcement decisions. Today meger enforcement essentially consists of structural safe harbors and a full rule of reason analysis for any merger not within these safe harbors.
Equality Revisited, Christopher J. Peters
Equality Revisited, Christopher J. Peters
All Faculty Scholarship
In legal, political, and philosophical discourse, and indeed in everyday life, equality often plays the role of a normatively significant prescriptive principle, a principle that provides reasons for action. Professor Peters, however, joins Peter Westen and others who argue that the traditional statement of prescriptive equality-equals are entitled to equal treatment--is normatively empty because it is a tautology. Like Professor Westen, Professor Peters notes that this traditional principle translates into a statement of simple redundancy: people entitled to equal treatment are entitled to equal treatment. Unlike Professor Westen, however, Professor Peters discerns a nontautological principle of equality, which claims that …
Pollard And Priorities, Kenneth Lasson
Adjudication As Representation, Christopher J. Peters
Adjudication As Representation, Christopher J. Peters
All Faculty Scholarship
This Article sets forth an interpretive theory of adjudicative lawmaking according to which, under certain conditions, such lawmaking ensures constructive participation through interest representation and thus is not inherently nondemocratic. The author contends that the idea of ‘judicial activism,‘ courts deciding issues better left to political processes or substituting the personal ‘values‘ of judges for law, is based on the incorrect assumptions that courts are unconstrained and nonrepresentative. Instead, when adjudication operates in an archetypal way, it produces law in a manner similar to the parliamentary legislation process. Courts making law are constrained by the process of participatory decisionmaking--the production …
Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act,, Michael I. Meyerson
Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act,, Michael I. Meyerson
All Faculty Scholarship
The Telecommunications Act of 1996 represented an enormous experimental step towards deregulating the telecommunications marketplace while opening it up to competition. With an eye towards breaking up the telecommunications monopolies held by local telephone service providers, the Act created regulations that forced local carriers to share their market and their resources with other telecommunications providers. The Telecommunications Act of 1996 itself is extremely complex. This article is a "guided tour" through the major provisions of the Act.
The first step in understanding the Telecommunications Act of 1996 is to understand how the telecommunications industry operates. Part two of this article …
Long Overdue, Kenneth Lasson
Lady Liberty Blows Out Her Torch: New Immigration Law Is Unforgiving And Far More Restrictive, John F. Gossart Jr.
Lady Liberty Blows Out Her Torch: New Immigration Law Is Unforgiving And Far More Restrictive, John F. Gossart Jr.
University of Baltimore Law Forum
No abstract provided.
Beyond The Roar Of The Crowd: Victim Impact Testimony Collides With Due Process, Marshall N. Perkins
Beyond The Roar Of The Crowd: Victim Impact Testimony Collides With Due Process, Marshall N. Perkins
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Caterpillar, Inc. V. Lewis: Proper Federal Court Jurisdiction At Time Of Judgment Cures An Earlier Erroneous Denial Of Motion To Remand An Improperly Removed Case, Donna L. Lyons
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Lussier V. Maryland Racing Commission: Administrative Agencies Enabled With Broad Authority May Impose Sanctions Absent Statutory Authority, Cheryl Gordon
University of Baltimore Law Forum
No abstract provided.
Forum Faces: The Honorable John F. Gossart, Jr.
Forum Faces: The Honorable John F. Gossart, Jr.
University of Baltimore Law Forum
No abstract provided.
Consumer Sovereignty: A Unified Theory Of Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
Consumer Sovereignty: A Unified Theory Of Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande
All Faculty Scholarship
This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two component parts of an overarching unity: effective consumer choice (also called consumer sovereignty).
Consumer choice only is effective when two fundamental conditions are present. There must be a range of consumer options made possible through competition, and consumers must be able to choose effectively among these options. The antitrust laws are intended to …
Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson
Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson
All Faculty Scholarship
The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …
Thurgood Marshall: Legal Strategist For The Civil Rights Movement, F. Michael Higginbotham, José F. Anderson
Thurgood Marshall: Legal Strategist For The Civil Rights Movement, F. Michael Higginbotham, José F. Anderson
All Faculty Scholarship
This brief article covers the career of attorney and U.S. Supreme Court Justice Thurgood Marshall, covering his early days as an attorney working for the NAACP, up to his career on the nation's highest court. Of particular interest are the hardships of his early days as a lawyer, as one of only 32 African American lawyers in Maryland in 1935. The key cases during his career are touched upon, along with the legal strategies used to further the cause of civil rights.
Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard
Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard
All Faculty Scholarship
The era of federal funding retrenchment makes acute the need for community businesses to have access to capital. The Small Business Administration (SBA) provides small businesses with access to low-cost loans funds. The existing SBA regulatory scheme fosters an approach which allows a private mechanism, lenders, to make public policy decisions about the socio-economic character of communities. Implicit in the Community Reinvestment Act (CRA) and its recent reforms are a recognition of the complex interdependence among policy objectives. The reform statute specifically recognizes that geographical disinvestment has an equally deleterious effect on small business lending as it does on residential …
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
Reconciling The Dormant Conflict: Crafting A Banking Exception To The Fraudulent Conveyance Provision Of The Bankruptcy Code For Bank Holding Company Asset Transfers, Cassandra Jones Havard
All Faculty Scholarship
Banking law and bankruptcy law clash. This is most evident when a bank holding company (parent company) becomes insolvent after it has made an asset transfer to its financially troubled bank subsidiary.
The Bankruptcy Code (Code) governs the insolvency proceedings of the bank holding company. Predictably, the parent company's trustee, appointed for the protection of all the creditors of the bankrupt entity, uses the fraudulent conveyance provision of the Code to have any asset transfers that were made to the bank subsidiary returned to the debtor's estate. The good faith exception to that provision will protect the asset transfer only …
Recent Developments: Old Chief V. United States: Abuse Of Discretion To Admit The Full Record Of Prior Judgment Of Conviction When Defendant Offers To Stipulate, Karen L. Sterner
Recent Developments: Old Chief V. United States: Abuse Of Discretion To Admit The Full Record Of Prior Judgment Of Conviction When Defendant Offers To Stipulate, Karen L. Sterner
University of Baltimore Law Forum
No abstract provided.
Recent Developments: State V. Gray: Redacted Confession Of A Nontestifying Codefendant Does Not Violate A Defendants's Sixth Amendment Rights, Marianna Ikonomou
Recent Developments: State V. Gray: Redacted Confession Of A Nontestifying Codefendant Does Not Violate A Defendants's Sixth Amendment Rights, Marianna Ikonomou
University of Baltimore Law Forum
No abstract provided.
The United Nations Convention On Contracts For The International Sale Of Goods: Reason And Unreason In The United Kingdom, Angelo Forte
The United Nations Convention On Contracts For The International Sale Of Goods: Reason And Unreason In The United Kingdom, Angelo Forte
University of Baltimore Law Review
No abstract provided.
Comments: In Re Cager And The Commission To Study Problems Of Illegitimacy, Kevin Kendrick
Comments: In Re Cager And The Commission To Study Problems Of Illegitimacy, Kevin Kendrick
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Forum Volume 27 Number 2 (Spring 1997) Front Matter
University Of Baltimore Law Forum Volume 27 Number 2 (Spring 1997) Front Matter
University of Baltimore Law Forum
No abstract provided.
Commemorative Histories Of The Bench And Bar: In Celebration Of The Bicentennial Of Baltimore City 1797-1997, John Carroll Byrnes
Commemorative Histories Of The Bench And Bar: In Celebration Of The Bicentennial Of Baltimore City 1797-1997, John Carroll Byrnes
University of Baltimore Law Forum
No abstract provided.
Commentary: The Petition To Exhume John Wilkes Booth: A View From The Inside, Francis John Gorman
Commentary: The Petition To Exhume John Wilkes Booth: A View From The Inside, Francis John Gorman
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Adloo V. H.T. Brown Real Estate, Inc.: Liability Release Does Not Serve As Effective Exculpatory Clause For Broker's Own Negligence, Jayci Shaw Duncan
Recent Developments: Adloo V. H.T. Brown Real Estate, Inc.: Liability Release Does Not Serve As Effective Exculpatory Clause For Broker's Own Negligence, Jayci Shaw Duncan
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Davis V. State: Pretrial Silence Is Relevant To The Impeachment Of An Alibi Witness's Testimony At Trial, Lisa Segerdahl
Recent Developments: Davis V. State: Pretrial Silence Is Relevant To The Impeachment Of An Alibi Witness's Testimony At Trial, Lisa Segerdahl
University of Baltimore Law Forum
No abstract provided.