Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Series

Discipline
Institution
Keyword
Publication Year
Publication

Articles 33181 - 33210 of 152612

Full-Text Articles in Law

Wallace-Mcharg’S Plans For Greater Baltimore, Garrett Power Jan 2011

Wallace-Mcharg’S Plans For Greater Baltimore, Garrett Power

Legal History Publications

This essay considers the growth of the partnership between David Wallace and Ian McHarg into one of the nation’s dominant urban design and environmental planning firms. It focuses on the firm’s undertaking in the Greater Baltimore region in the 1950’s, 1960’s, and 1970’s. With the benefit of fifty years of hindsight it looks at the successes and failures of their plans for Charles Center, the Green Spring and Worthington Valleys, and the Inner Harbor. Surprisingly, prize-winning innovations praised in one generation came to be judged as the design flaws of the next. Less surprisingly, their ...


The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover Jan 2011

The Mayor And City Council Of Baltimore V. The Baltimore And Ohio Railroad (1864), Joshua Cover

Legal History Publications

The B&O Railroads area of operations during the Civil War placed it both in harms way, as well as presented opportunities for immense profit and expansion. However, two distinct parties within the board of directors remained at odds over the nature and direction of the growth. Using one particular case as a foundation, this paper examines the dynamics of the board of directors during the Civil War through a case study of a injunction brought by members of the board against the controlling board as a whole. Within a comprehensive examination of the history of the B&O and ...


"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent Jan 2011

"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent

Legal History Publications

The experience of the Baltimore Police Commissioners is instructive in understanding the state of affairs in Baltimore during the Civil War era. The removal of the commissioners by the Union Army and the subsequent civil trial, The Mayor and City Council of Baltimore v. Charles Howard, provides a window through which one may examine the historical, legal and political circumstances of the time. The legal status of the commissioners also sheds light on modern legal doctrine related to the detention of American citizens as “enemy combatants” without the benefit of certain constitutional guarantees. By analyzing the Howard case with a ...


The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely Jan 2011

The Lutheran Church During The Civil War: The Case Of Rev. Zimmerman, Jennifer H. Cornely

Legal History Publications

In 1864 a pastor walked into the Superior Court of Baltimore and sued his Congregation. The pastor, Reverend Leonhard Frederick Zimmerman (Rev. Zimmerman), wanted to be reinstated to his position as pastor of the St. Stephen’s German Evangelical Lutheran Church (St. Stephen’s), following a close vote calling for his dismissal. The Maryland Court of Appeals affirmed the reinstatement of the Rev. Zimmerman, however neither case discussed the underlying reason for his dismissal. In this project it was necessary to explore the Lutheran Church during the Civil War by studying the history of the Lutheran Church in America, the ...


Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz Jan 2011

Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz

Legal History Publications

The abolition of slavery in the State of Maryland, pursuant to the Maryland Constitution of 1864, resulted in the emancipation of thousands of black children, who, because of an unrepealed section of the Maryland Black codes, were quickly apprenticed to their former masters under the guise of a legal apprenticeship statute. Within this period of Maryland history is the story of Leah Coston and her two boys, Simon and Washington, who were apprenticed to their former master, Samuel S. Costen, on the Eastern Shore of Maryland. This paper contextualizes the case of Coston v. Coston within the times and provides ...


Restoring Transparency To Automated Authority, Frank Pasquale Jan 2011

Restoring Transparency To Automated Authority, Frank Pasquale

Faculty Scholarship

Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness.

However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of ...


Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale Jan 2011

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Faculty Scholarship

No abstract provided.


Follow The Leader?: Maryland's Response To The New Federal Stem Cell Guidelines, Michael Ulrich Jan 2011

Follow The Leader?: Maryland's Response To The New Federal Stem Cell Guidelines, Michael Ulrich

The Appendix

No abstract provided.


The Federalism Of Climex Lectularius: What Bed-Bugs Tell Us About Fifra Preemption In Pesticide Applicator Cases, David Beugelmans Jan 2011

The Federalism Of Climex Lectularius: What Bed-Bugs Tell Us About Fifra Preemption In Pesticide Applicator Cases, David Beugelmans

The Appendix

No abstract provided.


Buyer Beware: An Exploration Of Health Risks And Legal Policies In Favor Of A Labeling Requirement For Genetically Modified Organisms, Rebecca Jesada Jan 2011

Buyer Beware: An Exploration Of Health Risks And Legal Policies In Favor Of A Labeling Requirement For Genetically Modified Organisms, Rebecca Jesada

The Appendix

No abstract provided.


Tribute By Professor David Bogen, David S. Bogen Jan 2011

Tribute By Professor David Bogen, David S. Bogen

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.


Tribute In Memory Of Dr. Hungdah Chiu, Ying-Jeou Ma Jan 2011

Tribute In Memory Of Dr. Hungdah Chiu, Ying-Jeou Ma

In Memoriam, Professor Hungdah Chiu (1936-2011)

No abstract provided.


Some Technological Implications For Ascertaining The Contents Of Contracts In Web-Based Transactions, Eliza Mik Jan 2011

Some Technological Implications For Ascertaining The Contents Of Contracts In Web-Based Transactions, Eliza Mik

Research Collection School Of Law

This paper points out some unexpected relationships between specific aspects of contract law and specific Internet-related technologies. The discussion is not about the interplay between “Law” and “Technology,” or the “Law” and the “Internet.” The aim is modest: to identify some theoretical chokepoints created by the technologies involved in web-based commerce and to point out the legal uncertainties persisting in this area. The analysis is confined to the process of contract formation, not to matters of substantive law. It is during this process that parties assume their contractual obligations and the contents of a contract crystallize.


Martek Biosciences Corp. V. Nutrinova, Inc.: Flipping The Lexiographer Rule On Its Head, Ngai Zhang Jan 2011

Martek Biosciences Corp. V. Nutrinova, Inc.: Flipping The Lexiographer Rule On Its Head, Ngai Zhang

Proxy

No abstract provided.


B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin Jan 2011

B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin

Student Articles and Papers

On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s ...


Full-Body Scanners: Tsa's New "Optional" System For Airport Searches, Stuart A. Hindman Jan 2011

Full-Body Scanners: Tsa's New "Optional" System For Airport Searches, Stuart A. Hindman

Student Articles and Papers

While the world of commercial air transportation has seen major improvements in many technologies over the last decade, nothing has caused a stir quite like the implementation of full-body scanners (FBS) as a one of the first lines of defense in aviation security at U.S. airports. FBS and “enhanced” pat-downs have been the source of much debate and scrutiny among passengers, flight crews, privacy rights groups, and federal authorities in charge of airport screening. The paper begins with a general overview of the law as it pertains to airport searches and privacy rights. In Part II, the technology behind ...


Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato Jan 2011

Black V. Simms: A Lost Opportunity To Benefit Children By Preserving Sibling Relationships When Same-Sex Families Dissolve, Natalie Amato

Student Articles and Papers

No abstract provided.


Cage-Free, Free-Range, Organic? Why Animal Welfare Depends On A New Government Labeling Scheme, Tabitha N. Mitchell Jan 2011

Cage-Free, Free-Range, Organic? Why Animal Welfare Depends On A New Government Labeling Scheme, Tabitha N. Mitchell

Student Articles and Papers

No abstract provided.


The Virtues Of Common Law Theories And Disclosure Requirements In The Market For Fine Art, Brian D. Tobin Jan 2011

The Virtues Of Common Law Theories And Disclosure Requirements In The Market For Fine Art, Brian D. Tobin

Student Articles and Papers

For centuries common law warranties and fraud theories have regulated misattribution and mistaken provenance in the market for fine art. Scholars have in recent decades proposed theories to supplement protection for unsophisticated buyers transacting with auction houses or dealers. Academia has also proposed the imposition of securities regulations upon auction houses for the purpose of protecting sellers—an argument that can be extended to protect buyers transacting with either auction houses or dealerships. In practice, the theories put forth to protect purchasers may not have an added benefit and will likely disrupt liquidity. The extension of regulations akin to the ...


Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich Jan 2011

Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael R. Ulrich

Student Articles and Papers

With the expansion of clinical research in developing countries, there is a need to explain obligations that researchers have to their subjects beyond those required by the study protocol. This paper outlines a model founded on the duty to rescue that provides ethical clarification of the obligations of ancillary care.


Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen Jan 2011

Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen

Student Articles and Papers

No abstract provided.


International Comparisons Of Bank Regulation, Liberalization, And Banking Crises, Puspa Amri, Apanard P. Angkinand, Clas Wihlborg Jan 2011

International Comparisons Of Bank Regulation, Liberalization, And Banking Crises, Puspa Amri, Apanard P. Angkinand, Clas Wihlborg

Business Faculty Articles and Research

Purpose: The recurrence of banking crises throughout the 1980s and 1990s, and in the more recent 2008-09 global financial crisis, has led to an expanding empirical literature on crisis explanation and prediction. This paper provides an analytical review of proxies for and important determinants of banking crises − credit growth, financial liberalization, bank regulation and supervision.

Design/Methodology/Approach: The study surveys the banking crisis literature by comparing proxies for and measures of banking crises and policy-related variables in the literature. Advantages and disadvantages of different proxies are discussed.

Findings: Disagreements about determinants of banking crises are in part explained by ...


Christian Legal Society V. Martinez: Legal Issues, Arguments And Analysis, Alicia M. Lendon Jan 2011

Christian Legal Society V. Martinez: Legal Issues, Arguments And Analysis, Alicia M. Lendon

Law School Student Scholarship

No abstract provided.


The Child Welfare Argument In The Same-Sex Marriage Debate, Jennifer M. Levanchy Jan 2011

The Child Welfare Argument In The Same-Sex Marriage Debate, Jennifer M. Levanchy

Law School Student Scholarship

No abstract provided.


Expanding Frames Of Reference In The Work Life Policy Debate, Theodore Hall Jan 2011

Expanding Frames Of Reference In The Work Life Policy Debate, Theodore Hall

Law School Student Scholarship

No abstract provided.


Beyond The Soldier: The Hidden Costs Of "Don't Ask, Don't Tell", John E. Barrett Jan 2011

Beyond The Soldier: The Hidden Costs Of "Don't Ask, Don't Tell", John E. Barrett

Law School Student Scholarship

No abstract provided.


Transgender Marriage: Which Came First, The Marriage Or The Transition?, Meghan Chrisner Jan 2011

Transgender Marriage: Which Came First, The Marriage Or The Transition?, Meghan Chrisner

Law School Student Scholarship

No abstract provided.


Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz Jan 2011

Family Structure As A Social Context For Family Conflict: Unjust Strain And Serious Delinquency, Ryan Spohn, Don L. Kurtz

Faculty Publications of the Center on Children, Families, and the Law

Two major themes in the delinquency literature are the roles of family structure and childhood victimization. Combining these two lines of research, the current project examines the unique contribution of family structure and victimization on the serious delinquency of a nationally representative sample of adolescents. In addition, we examine whether the form of families serves to condition the relationship between victimization and delinquency. Past research indicates that abuse is more likely to occur in two-parent families of a ‘‘mixed’’ form, specifically in the presence of a live-in boyfriend or stepfather. However, little is known regarding the impact of victimization on ...


American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan Jan 2011

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian E. Dervan

Law Faculty Scholarship

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s ...


Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian E. Dervan Jan 2011

Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining And Overcriminalization, Lucian E. Dervan

Law Faculty Scholarship

In discussing imperfections in the adversarial system, Professor Ribstein notes in his article entitled Agents Prosecuting Agents, that “prosecutors can avoid the need to test their theories at trial by using significant leverage to virtually force even innocent, or at least questionably guilty, defendants to plead guilty.” If this is true, then there is an enormous problem with plea bargaining, particularly given that over 95% of defendants in the federal criminal justice system succumb to the power of bargained justice. As such, this piece provides a detailed analysis of modern-day plea bargaining and its role in spurring the rise of ...