Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (21)
- Land Use Law (12)
- Law and Gender (8)
- Legal Education (8)
- Antitrust and Trade Regulation (7)
-
- Criminal Law (7)
- Military, War, and Peace (6)
- Civil Rights and Discrimination (5)
- Estates and Trusts (5)
- Family Law (5)
- International Humanitarian Law (5)
- Tax Law (5)
- Taxation-Federal (5)
- Taxation-Federal Estate and Gift (5)
- Comparative and Foreign Law (4)
- Constitutional Law (4)
- Consumer Protection Law (4)
- Criminal Procedure (4)
- Courts (3)
- Health Law and Policy (3)
- Human Rights Law (3)
- Judges (3)
- Law Enforcement and Corrections (3)
- Legal Profession (3)
- Social Welfare Law (3)
- Supreme Court of the United States (3)
- Intellectual Property Law (2)
- International Trade Law (2)
- Jurisprudence (2)
- Keyword
-
- Editor (9)
- Editorial board (9)
- Letter (9)
- Table of contents (9)
- Cover (8)
-
- Antitrust (6)
- Arab Spring Symposium (5)
- Remarks (5)
- Capital punishment (3)
- Clinic (3)
- Constitutional law (3)
- Dissent (3)
- Gift tax (3)
- Legislation (3)
- Procter (3)
- Symposium (3)
- United States (3)
- Women (3)
- ABA (2)
- American (2)
- American Bar Association (2)
- Antisemitism (2)
- Cartels (2)
- Charitable deduction (2)
- Child welfare (2)
- Criminal law (2)
- Death penalty (2)
- Dialectic (2)
- Discrimination (2)
- Due process (2)
- Publication
- Publication Type
Articles 1 - 30 of 118
Full-Text Articles in Law
Robert Bork's Controversial Legacy, Robert H. Lande
Robert Bork's Controversial Legacy, Robert H. Lande
All Faculty Scholarship
Judge Robert Bork was undeniably one of the towering figures in antitrust history. He advanced the field positively in many respects, articulating a serious critique of excesses of an earlier social-political approach to antitrust. But as one of the conservative movement’s intellectual godfathers he also shares responsibility for many of their own excesses that have transformed our nation in harmful ways. This short essay explores some of the effects of his overall approach to antitrust: his preoccupation with economic efficiency.
Cartels As Rational Business Strategy: Crime Pays, John M. Connor, Robert H. Lande
Cartels As Rational Business Strategy: Crime Pays, John M. Connor, Robert H. Lande
All Faculty Scholarship
This article is the first to analyze whether cartel sanctions are optimal. The conventional wisdom is that the current level of sanctions is adequate or excessive. The article demonstrates, however, that the combined level of current United States cartel sanctions is only 9% to 21% as large as it should be to protect potential victims of cartelization optimally. Consequently, the average level of United States anti-cartel sanctions should be approximately quintupled.
The United States imposes a diverse arsenal of sanctions against collusion: criminal fines and restitution payments for the firms involved and prison, house arrest and fines for the corporate …
Perfecting Criminal Markets, David Jaros
Perfecting Criminal Markets, David Jaros
All Faculty Scholarship
From illicit drugs to human smuggling to prostitution, legislators may actually be perfecting the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates the opportunity to sell fake drugs. Raising the penalties for illegal immigration increases the risk that smugglers will rely on dangerous methods that can injure or kill their human cargo. Banning prostitution increases the underground spread of sexually transmitted disease. Lawmakers traditionally respond to these “second order” problems in predictable fashion — with a new wave of criminalization that imposes additional penalties on fake drug dealers, …
Patents 101: Patentable Subject Matter And Separation Of Powers, Max Stul Oppenheimer
Patents 101: Patentable Subject Matter And Separation Of Powers, Max Stul Oppenheimer
All Faculty Scholarship
The definition of statutory subject matter lies at the heart of the
patent system. It is the reflection of Congress's policy decision as to
what types of inventions one may patent. While the congressional
definition of statutory subject matter (in what is now 35 U.S.C. § 101)
has remained fundamentally constant since 1790, the Supreme Court
has reinterpreted and redefined statutory subject matter several times,
leaving lower courts with the frustrating task of trying to develop a
coherent jurisprudence against a changing landscape. This
inconstancy has introduced uncertainty for inventors who are trying to
make the fundamental decision of whether …
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
All Faculty Scholarship
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …
Not All Defined Value Clauses Are Equal, Wendy G. Gerzog
Not All Defined Value Clauses Are Equal, Wendy G. Gerzog
All Faculty Scholarship
Defined value clauses used to value nonmarketable family limited partnership (FLP) interests create valuation distortions and other public policy issues. This paper describes these abuses and proposes the employment of restrictions similar to those applied to pecuniary formula marital deduction clauses.
The article explains how pecuniary formula marital deduction provisions created valuation distortions by allowing for undervaluation of the marital share that were remedied by the IRS’s Rev. Proc. 64-19 and the enactment of section 2056(b)(10). The article analyzes recent case law expanding the use of defined value clauses into the FLP area and criticizes the courts for not applying …
Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler
Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler
All Faculty Scholarship
This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The American Bar Association …
Expanding Stare Decisis: The Role Of Precedent In The Unfolding Dialectic Of Brady V. Maryland, Colin Starger
Expanding Stare Decisis: The Role Of Precedent In The Unfolding Dialectic Of Brady V. Maryland, Colin Starger
All Faculty Scholarship
Does stare decisis constrain the expansion of constitutional doctrine? Does existing precedent preclude the Supreme Court from expanding a criminal defendant’s right to exculpatory evidence? While commentators frequently clash on when stare decisis should prevent the Court from overruling its own precedents, the question of when fidelity to precedent should inhibit doctrinal expansion is surprisingly under-theorized. This Article begins to fill this gap through an in-depth case study of stare decisis and the expansion of criminal due process doctrine.
This Article analyzes the longstanding constitutional dialectic between procedural and substantive schools of criminal due process. Focus is on Brady v. …
How The Ftc Could Beat Google, Robert H. Lande, Jonathan L. Rubin
How The Ftc Could Beat Google, Robert H. Lande, Jonathan L. Rubin
All Faculty Scholarship
The U.S. Federal Trade Commission is rumored to be deciding whether to bring a “pure Section 5” case against Google as a result of complaints that the company unfairly favors its own offerings over those of its rivals in its search results. But the case will fail miserably at the hands of a reviewing court and the agency will be confined to relatively non-controversial enforcement violations if the FTC fails to impose upon itself a tightly bounded and constrained legal framework that contains clear limiting principles. The only way a court will allow the FTC to pursue a pure Section …
Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson
Compelling Orthodoxy: Myth And Mystique In The Marketing Of Legal Education, Kenneth Lasson
All Faculty Scholarship
This article seeks to demonstrate the negative effects of law schools’ preoccupations with enhancing their image and marketing strategy, especially as they are reflected in both scholarship and academic freedom.
Price-Fixing: Hefty Penalties On Big-Biz Cartels Will Provide Level Playing Field To Small Businesses, John M. Connor, Robert H. Lande
Price-Fixing: Hefty Penalties On Big-Biz Cartels Will Provide Level Playing Field To Small Businesses, John M. Connor, Robert H. Lande
All Faculty Scholarship
Cartels are illegal in India, as they are almost everywhere. They are subject to heavy fines. Why, then, do businesses frequently try to fix prices? Because doing so usually is profitable. On average cartels raise prices by more than 20%, and probably face less than a 25% chance of being caught and convicted. Based upon a sample of 75 international cartels, the authors calculate that the expected profits from price fixing almost always exceed the penalties. No wonder businesses often try to fix prices.
Consumer Choice As The Best Way To Describe The Goals Of Competition Law, Robert H. Lande
Consumer Choice As The Best Way To Describe The Goals Of Competition Law, Robert H. Lande
All Faculty Scholarship
This article is both a short introduction to the Consumer Choice explanation for Competition Law or Antitrust Law, and also a short advocacy piece suggesting that Consumer Choice is the best way to articulate the goals of European Competition Law and United States Antitrust Law.
This article briefly:
- defines the consumer choice approach to antitrust or competition law and shows how it differs from other approaches;
- shows that the antitrust statutes and theories of violation embody a concern for optimal levels of consumer choice;
- shows that the United States antitrust case law embodies a concern for optimal levels of consumer …
Facade Easement: Inexpert Valuation, Wendy G. Gerzog
Facade Easement: Inexpert Valuation, Wendy G. Gerzog
All Faculty Scholarship
The article discusses the recent Dunlap decision, which involved facade easement transfers to the National Architectural Trust, a qualified charity that preserves building easements across the country, although most are in New York City. Although allowing a deduction for their cash contributions to NAT to enforce the easement and not finding any penalties applicable, the Tax Court held that despite two valuation reports written by accepted valuation experts, the taxpayers had not established any value for their easement.
The Class Differential In Privacy Law, Michele E. Gilman
The Class Differential In Privacy Law, Michele E. Gilman
All Faculty Scholarship
This article analyzes how privacy law fails the poor. Due to advanced technologies, all Americans are facing corporate and governmental surveillance. However, privacy law is focused on middle-class concerns about limiting the disclosure of personal data so that it is not misused. By contrast, along the welfare-to-work continuum, poor people face privacy intrusions at the time that the state or their employers gather data. This data collection tends to be stigmatizing and humiliating, and it thus not only compounds the harmful effects of living in poverty, but also dampens democratic participation by the poor. The poor interact with the government …
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
All Faculty Scholarship
Everybody loves great dissents. Professors teach them, students learn from them, and journalists quote them. Yet legal scholars have long puzzled over how dissents actually impact the development of doctrine. Recent work by notable empirical scholars proposes to measure the influence of dissents by reference to their subsequent citation in case law. This Article challenges the theoretical basis for this empirical approach and argues that it fails to account for the profound influence that uncited dissents have exerted in law. To overcome this gap in the empirical approach, this Article proposes an alternative method that permits analysis of contextual and …
Wandering Far Afield With Defined Value Clauses, Wendy G. Gerzog
Wandering Far Afield With Defined Value Clauses, Wendy G. Gerzog
All Faculty Scholarship
The Wandry decision extends the application of defined value clauses beyond those family limited partnership cases that transfer any excess value to a charity. In Wandry, the Tax Court reads Procter narrowly and ignores the fundamental rationale of Robinette.
Flow Chart For Hearsay And The Confrontation Clause 'Crawford Through Bernadyn' (April 18, 2012). University Of Baltimore School Of Law Legal Studies Research Paper, Lynn Mclain
All Faculty Scholarship
A series of flowcharts outline the nuances of hearsay law and the Confrontation Clause.
Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin
Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin
All Faculty Scholarship
There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …
Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean
Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean
All Faculty Scholarship
More than ever before, the Department of Defense is relying on contactors to support our men and women in uniform. However, the cost of supporting these contractors has been paid not only with congressional funds but with an unprecedented number of contractor casualties. Sadly, while contractors are dying in record numbers in Iraq and Afghanistan, Congress has been preoccupied with paying less for the statutorily mandated workers’ compensation insurance that is intended to protect these workers. With the advent of Kevlar vests and armored-plated Humvees, contractors are returning home, but often with scars of war both visible and invisible. Rather …
The American Historical Review (April 2012) (Reviewing David Garland, Peculiar Institution: America’S Death Penalty In An Age Of Abolition, John Bessler
All Faculty Scholarship
No abstract provided.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
All Faculty Scholarship
The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …
Defined Value Clauses And Fair Market Value, Wendy G. Gerzog
Defined Value Clauses And Fair Market Value, Wendy G. Gerzog
All Faculty Scholarship
In Hendrix the Tax Court considered the issues of whether defined value clauses were the result of arm’s-length transactions and whether they were void as against public policy. The underlying dispute was whether the taxpayers’ transfers of the John H. Hendrix Co. stock were valued at fair market value. With a decision favoring the taxpayers, the defined value clauses in both McCord and Hendrix impede the accurate valuation of taxable gifts to family members and of deductible charitable gifts.
Constitutional Rights And The Problem Of Legal Authority, Christopher J. Peters
Constitutional Rights And The Problem Of Legal Authority, Christopher J. Peters
All Faculty Scholarship
There are many good recent critiques, and at least as many good recent defenses,
of the idea of constitutional rights.4 Both the critiques and the defenses almost al-
ways assume a particular audience, one consisting of what we might call
institutional designers. Institutional designers are in a position either to invent or
reinvent the governing institutions of a society (like, say, the American Framers in
the 1780s or the post-Soviet and post-apartheid-South-African nation-builders of
the 1990s), or (far more often) to seriously reassess some of the governing
institutions the society already has (as happened during recent debates in Great
Britain …
Significant Recent Developments In Maryland Regarding Character Evidence And Impeachment, Lynn Mclain
Significant Recent Developments In Maryland Regarding Character Evidence And Impeachment, Lynn Mclain
All Faculty Scholarship
No abstract provided.
Senate Bills 284-285 A "Bribery Exception" To Maryland's Legislative Privilege, Lynn Mclain
Senate Bills 284-285 A "Bribery Exception" To Maryland's Legislative Privilege, Lynn Mclain
All Faculty Scholarship
No abstract provided.
Boomer-Ang Eldercare: Deductible Claim?, Wendy G. Gerzog
Boomer-Ang Eldercare: Deductible Claim?, Wendy G. Gerzog
All Faculty Scholarship
In this article, Gerzog discusses Estate of Olivo, in which the Tax Court determined the deductibility under section 2053 of a claim against the decedent’s estate for eldercare services provided by a family member.
The Maryland Personal Information Protection Act: Strengthening Maryland's Security Breach Notification Law, Michael Greenberger, Mathew Swinburne
The Maryland Personal Information Protection Act: Strengthening Maryland's Security Breach Notification Law, Michael Greenberger, Mathew Swinburne
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Anderson V. Burson: A Bank Was A Nonholder In Possession Of An Unindorsed Mortgage Note And Had Holdership Rights Under The "Shelter Rule" When The Homeowner's Concessions Established The Note's Chain Of Possession, Jeffrey R. Maylor
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Robinson V. Baltimore Police Dep't: Knowingly Making A False Statement Material To And During An Investigation Of Prior Misconduct Has A One Year Statute Of Limitations And, Therefore, Charges Against An Officer Must Be Filed Within One Year Of The False Statement Coming To The Attention Of The Appropriate Agency, Benjamin Joffe
University of Baltimore Law Forum
No abstract provided.