Law Commons^™

Mediation Over Prosecution: The Right Approach To Increasing School Attendance In Baltimore City, Franklin Branch

Student Articles and Papers

No abstract provided.

Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld

Student Articles and Papers

Cross-border bankruptcy continues to be an important topic within bankruptcy regimes worldwide. As more corporations find themselves interacting in a market without the confines of geographic borders, countries need to adapt their regulatory schemes to be able to properly handle an orderly liquidation or reorganization without an adverse impact on the economy. This paper discuses the challenges of a cross-border bankruptcy regime that would be effective and proposes a cooperative solution for increasing coordination among insolvency proceedings. As a result of increasing cooperation among jurisdiction in light of the recent and ongoing financial crisis, reform within the bankruptcy regimes around …

A Monetary Misunderstanding: Smith V. Gilmore And Baltimore's Place In Turn Of The 19th Century Globalization, John P. Gates

Student Articles and Papers

As the young United States entered the 19^th century, the City of Baltimore had become a major center of America’s international commerce. Baltimore had quickly risen from a relatively small town on the Chesapeake Bay to the home of the country's third busiest trading port and one of its fastest growing cities in less than two decades.

The case of Smith v. Gilmor (M.D. 1816), a lawsuit between two prominent Baltimore merchants, was emblematic of the early days of globalization and the confusion this clash of cultures caused in the world of international trade. The controversy in this case …

Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly

Student Articles and Papers

Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18^th century and extend into the early 19^th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and the …

Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel

Student Articles and Papers

In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …

British 1812 Wartime Policy On The High Seas And Maryland Maritime Insurance: Carrere V. Union Insurance Co. Of Md. (1813), Thomas R. Riley

Legal History Publications

Places Carrere v. Union Insurance Co. of Md (1813) into its historical setting considering the role of maritime insurance and British wartime policy on the high seas.

Marine Insurance And Mercantile Enterprise Through The Lens Of The Baltimore Insurance Company V. Mcfadon 4 H.& J. 31 (1815), Catherine Gonzalez

Legal History Publications

This essay contextualizes the case of The Baltimore Insurance Company v. McFadon, tracing the dispute from its origin to its disposition in the Maryland Court of Appeals in 1815. The case, which centered on whether mutual claims could be set-off against each other in a suit involving an open insurance policy, is illuminating as to the evolution of marine insurance, trade between Baltimore and the West Indies in the late eighteenth century, and the impact of the Napoleonic Wars on American mercantile enterprise. By examining the case through the lens of this historical study, it becomes apparent that the …

Barney V. Smith (Md 1819) Congressman Versus The Commodore, Angelisa Hicks

Legal History Publications

A historical outlook on the events surrounding the Barney v. Smith Case. The Article discusses the impact of the French and British conflict on United States trade, as well as some of the measures taken by the United States in order to insulate themselves from the adverse fiscal impacts on the economy due to this conflict. Also discussed are the key individuals involved in the case and their intertwining relationships. There is a comprehensive breakdown on the attorney’s arguments and subsequent judicial holding.

Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe

Legal History Publications

BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features questionable …

Kennedy V. The Baltimore Insurance Company, 3 H. & J. 367 (1813): The Story Of One Baltimore Merchant Among Many Fighting An Insurance Company In Times Of War, Jon F. Watson

Legal History Publications

The Napoleonic Wars in the early 1800’s resulted in many Baltimore merchants obtaining insurance for their vessels and cargo. During this period of unrest, Lemuel Taylor and John F. Kennedy insured a Baltimore vessel which was subsequently captured by the British. This paper contextualizes the case of Kennedy v. The Baltimore Insurance Company within this period and illustrates the struggles faced by many merchants who sought to be reimbursed for their losses. I also tried to focus on the historical backgrounds of the key players to the case, especially Lemuel Taylor and John F. Kennedy. All together, the case of …

Exchange As A Cornerstone Of Families, Martha M. Ertman

Faculty Scholarship

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …

The Supreme Court's Contemporary Silver Platter Doctrine, David C. Gray, Meagan Cooper, David Mcaloon

Faculty Scholarship

In a line of cases beginning with United States v. Calandra, the Court has created a series of exceptions to the Fourth Amendment exclusionary rule that permit illegally seized evidence to be admitted in litigation forums collateral to criminal trials. This “collateral use” exception allows the government to profit from Fourth Amendment violations in grand jury investigations, civil tax suits, habeas proceedings, immigration removal procedures, and parole revocation hearings. In this essay we argue that these collateral use exceptions raise serious conceptual and practical concerns. The core of our critique is that the collateral use exception reconstitutes a version of …

The Case For Abolishing Centralized White House Regulatory Review, Rena I. Steinzor

Faculty Scholarship

A series of catastrophic regulatory failures have focused attention on theweakened condition of regulatory agencies assigned to protect public health, worker and consumer safety, and the environment. The destructive convergence of funding shortfalls, political attacks, and outmoded legal authority have set the stage for ineffective enforcement, unsupervised industry self-regulation, and a slew of devastating and preventable catastrophes. From the Deepwater Horizon spill in the Gulf of Mexico to the worst mining disaster in forty years at the Big Branch mine in West Virginia, the signs of regulatory dysfunction abound. Many stakeholders expected that President Barack Obama would recognize and ameliorate …

Cercla In A Global Context, Robert V. Percival, Katherine H. Cooper, Matthew M. Gravens

Faculty Scholarship

The article first reviews the essential features of CERCLA and how they have evolved over time through legislative amendments and judicial interpretation. The article then compares CERCLA's approach to that embodied in the European Union's 2004 Directive on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage ("ELD:). It then reviews the laws adopted by various countries, including EU members, to respond to releases of hazardous substances. The article then discusses several case studies of how different countries handled incidents of environmental contamination. It concludes by summarizing the comparative law of environmental remediation and its implications for …

Evaluating Rules And How We Measure Their Effects, Rena I. Steinzor, Michael Patoka

Faculty Scholarship

The Center for Progres­sive Reform undertook an empirical study of the Office of Information of Regulatory Affairs, the White House office that reviews every significant regulation issue by Executive Branch agencies. The study assembled an unprecedented portrait of its behav­ior during the decade from October 16, 2001, when notices of meetings with outside parties were first available on the Internet, until June 1, 2011. OIRA conducted 6,194 separate reviews of regulatory submissions, holding 1,080 meetings that involved 5,759 ap­pearances by outside par­ticipants. Both the final report and the database we assembled are available on the CPR website, at pro­gressivereform.org.

OIRA …

The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor

Faculty Scholarship

On December 22, 2008, the contents of an enormous impoundment containing coal-ash slurry from the Tennessee Valley Authority’s (TVA) Kingston Fossil Fuel Plant poured into the Emory River. The proximate cause of the spill was the bursting of a poorly reinforced dike holding back a pit of sludge that towered 80 feet above the river and 40 feet above an adjacent road. The volume and force of the spill were so large that 1.1 billion gallons of the inky mess flowed across the river, inundating 300 acres of land in a layer four to five feet deep, uprooting trees, destroying …

The Disparate Treatment Of Neuroscience Expert Testimony In Criminal Litigation, Jamie Wagenheim

The Appendix

No abstract provided.

The New Legal Writing: The Importance Of Teaching Law Students How To Use E-Mail Professionally, Kendra Huard Fershee

Maryland Law Review Online

No abstract provided.

Reimagining International Water Law, Tim Stephens

Maryland Law Review Online

No abstract provided.