Law Commons^™

Unraveling The Chicago/Harvard Antitrust Double Helix: Applying Evolutionary Theory To Guard Competitors And Revive Antitrust Jury Trials, Thomas J. Horton

University of Baltimore Law Review

No abstract provided.

Comments: Equitable Subrogation In Maryland Mortgages And The Restatement Of Property: A Historical Analysis For Contemporary Solutions, Gregg H. Mosson

University of Baltimore Law Review

No abstract provided.

Comments: Estate Planning For The Posthumously Conceived Child: A Blueprint For The Sperm Donor, Brooke Shemer

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review Volume 41 Number 4 (Summer 2012) Front Matter

University of Baltimore Law Review

No abstract provided.

Comments: The "Walkaway Shop": Long-Term Union Avoidance And Management Decisions To Open New Facilities As Lawful Conduct Under The National Labor Relations Act, Garrett Wozniak

University of Baltimore Law Review

No abstract provided.

Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner

All Faculty Scholarship

Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.

Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”

This …

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …

Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner

All Faculty Scholarship

In 1944-45, the Nazis seized personal belongings of the Hungarian Jewish population and dispatched some of the most valuable of them on a train. The United States Army took control of this "Gold Train" and gave reassurances that it would keep the valuables safe. However, the items were plundered by individual soldiers, including officers, and diverted to various uses. After decades of dormancy, a Presidential Commission exposed the facts, but the government still did not right the wrong — until there was litigation.

The "Gold Train" case (Rosner v. United States) represents a measure of justice for the victimized community …

The Justice Of International Law, Mortimer N.S. Sellers

All Faculty Scholarship

A critical essay on The Philosophy of International Law, edited by Samantha Besson and John Tasioulas (Cambridge University Press, 2010), 632 pp, ISBN 978-0199208579.

Recent Developments: Port V. Cowan: When Applying Maryland's Domestic Divorce Law, A Valid Same-Sex Marriage Performed Out-Of-State Is Recognized As Legitimate In Maryland Under The Doctrine Of Comity, Errin K. Roby

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Lewis V. Waletzky: Administrative Filing Requirements Of The Health Care Malpractice Claims Act Are Procedural For Choice-Of-Law Purposes And, Therefore, The Doctrine Of Lex Loci Delicti Is Not Applicable, Christopher M. Balaban

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Mcneal V. State: The Court Of Appeals Of Maryland Interpreted Price V. State To Allow Illogical Or Factually Inconsistent Jury Verdicts In Criminal Trials, But Held That Legally Inconsistent Jury Verdicts Are Impermissible, Nicholas E. Kosmas

University of Baltimore Law Forum

No abstract provided.

Symposium Foreword: Applying Feminism Globally, Margaret E. Johnson

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review Volume 41 Number 3 (Spring 2012) Front Matter

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Forum Volume 43 Number 1 (Fall 2012) Front Matter

University of Baltimore Law Forum

No abstract provided.

Examining Maryland's Views On Immigrants And Immigration, Elizabeth Keyes

University of Baltimore Law Forum

No abstract provided.

Cross-Dressers With Benefits: Female Combat Soldiers In The United States And Israel, Pamela Laufer-Ukeles

University of Baltimore Law Review

No abstract provided.

Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman

University of Baltimore Law Review

No abstract provided.

Comment: Get Your Head In The Game: Legislation Addressing Concussions In Youth Sports And Its Development In Maryland, Elisabeth Koloup

University of Baltimore Law Forum

No abstract provided.

Meeting The Professional Identity Challenge In Legal Education Through A Relationship-Centered Experiential Curriculum, Susan L. Brooks

University of Baltimore Law Review

Legal education is facing a series of crises, the worst of which may well be its graduates' perceived lack of professionalism qualities such as civility, judgment, and commitment to service. This urgent message has been amplified by recent high-profile critiques emphasizing the need to teach professionalism, as well as to make law schools more nurturing and humanistic environments. The purpose of this article is to show that the challenge of preparing law students to become caring and competent professionals can be met by using a sequence of experiential learning opportunities to teach relational competencies.

Even the harshest critics of legal …

A Critique Of Best Practices In Legal Education: Five Things All Law Professors Should Know, Michael T. Gibson

University of Baltimore Law Review

No abstract provided.

Recent Developments: Mcclain V. State: The Transcript Of A Witness's Taped Statement Is Admissible As A Prior Inconsistent Statement Absent An Express Finding Of Inconsistency, And May Be Sent To The Jury Room Pursuant To Maryland Rule 4-326 Without A Request From The Jury, Kristine L. Dietz

University of Baltimore Law Forum

No abstract provided.

Assessing The Constitutionality Of Adjusting Prisoner Census Data In Congressional Redistricting: Maryland's Test Case, Michelle Davis

University of Baltimore Law Forum

No abstract provided.

Hearsay And The Confrontation Clause, Lynn Mclain

All Faculty Scholarship

No abstract provided.

What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers

All Faculty Scholarship

What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth century-of Lassa Oppenheim' at best, and at worst of his model, John Austin, who famously denied that international law is or ever could be genuine law at all, "properly so called." 2 "Positive" law in its central and most usual sense is law "set by a sovereign individual or a sovereign body ... to a person or persons in …

Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman

All Faculty Scholarship

This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …

Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes

All Faculty Scholarship

Beyond Saints and Sinners examines the forces affecting the exercise of discretion in American immigration courts, and argues that in this present age of immigration anxiety, the same facts that place an individual in deportation proceedings may constitute the reasons a judge will, relying on discretion, deny them relief for which they are otherwise eligible. The article explores the polarized narratives told about "good" and "bad" immigrants, the exceptionally difficult task of adjudicating in overburdened immigration courts, and the ways in which these polarized narratives interact with psychological short-cuts, or heuristics, that affect judicial exercises of discretion. After engaging in …

Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer

All Faculty Scholarship

In the simplest case: Congress declares war, and does not intrude on the President's solo decision about when the troops come home. However, in our time, long wars, such as in Afghanistan and Iraq, occur with great tension between the two elected branches of government over the pace of a drawdown. Sometimes it may be a hawkish Congress that disagrees with a President reluctant to continue the war at full troop levels. To find a joint way to draw down the American troops in the war zone, they may seek congressional mechanisms to resolve their differences with interactive processes. Then, …