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Full-Text Articles in Law

Incentive-Based Compensation Arrangements: An Examination Of The Wells Fargo Scandal And The Need For Reform In Financial Institutions, Ashley Triplett Jan 2018

Incentive-Based Compensation Arrangements: An Examination Of The Wells Fargo Scandal And The Need For Reform In Financial Institutions, Ashley Triplett

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 47 Number 2 Spring 2018 Front Matter Jan 2018

University Of Baltimore Law Review Volume 47 Number 2 Spring 2018 Front Matter

University of Baltimore Law Review

No abstract provided.


Birth Conflicts: Leveraging State Power To Coerce Health Care Decision-Making, Elizabeth Kukura Jan 2018

Birth Conflicts: Leveraging State Power To Coerce Health Care Decision-Making, Elizabeth Kukura

University of Baltimore Law Review

No abstract provided.


Evolving Science Meets The Stagnating Appeals Process: Integrating Daubert Into The Post-Trial Phase, Jacey Smith Jan 2018

Evolving Science Meets The Stagnating Appeals Process: Integrating Daubert Into The Post-Trial Phase, Jacey Smith

University of Baltimore Law Review

No abstract provided.


The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler Jan 2018

The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler

All Faculty Scholarship

The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty advocacy for more than 250 years. This Article traces the development of the abolitionist movement since Beccaria’s time. In particular, it highlights how the debate over capital punishment has shifted from one focused primarily on the severity of monarchical punishments, to deterrence, to one framed by the concept of universal human rights, including ...


African Women Judges On International Courts: Symbolic Or Substantive Gains?, Josephine Dawuni Jan 2018

African Women Judges On International Courts: Symbolic Or Substantive Gains?, Josephine Dawuni

University of Baltimore Law Review

No abstract provided.


The Perpetual “Invasion”: Past As Prologue In Constitutional Immigration Law, Matthew Lindsay Jan 2018

The Perpetual “Invasion”: Past As Prologue In Constitutional Immigration Law, Matthew Lindsay

All Faculty Scholarship

Donald Trump ascended to the presidency largely on the promise to protect the American people—their physical and financial security, their culture and language, even the integrity of their electoral system—against an invading foreign menace. Only extraordinary defensive measures, including “extreme vetting” of would-be immigrants, a ban on Muslims entering the United States, and a 2,000-mile-long wall along the nation’s southern border could repel the encroaching hordes. If candidate Trump’s scapegoating of unauthorized migrants and refugees was disarmingly effective, it was also eerily familiar to those of us who study the history of immigration law and ...


The Untimely Death Of The On-Sale Bar To Patentability, Daniel J. Kim Jan 2018

The Untimely Death Of The On-Sale Bar To Patentability, Daniel J. Kim

University of Baltimore Law Review

No abstract provided.


Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger Jan 2018

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 47 Number 3 Summer 2018 Jan 2018

University Of Baltimore Law Review Volume 47 Number 3 Summer 2018

University of Baltimore Law Review

No abstract provided.


The Bumpy Road To The Supreme Court: Does The Second Amendment Prevent States From Prohibiting Ownership Of Assault-Style Rifles And High-Capacity Magazines?, James B. Astrachan Jan 2018

The Bumpy Road To The Supreme Court: Does The Second Amendment Prevent States From Prohibiting Ownership Of Assault-Style Rifles And High-Capacity Magazines?, James B. Astrachan

University of Baltimore Law Review

No abstract provided.


Body-Worn Cameras: The Implementation Of Both The Police Department’S Rollout Of Cameras And The State’S Attorney’S Office’S Processing Of Data For Discovery, Daniel Bernard Trimble Jan 2018

Body-Worn Cameras: The Implementation Of Both The Police Department’S Rollout Of Cameras And The State’S Attorney’S Office’S Processing Of Data For Discovery, Daniel Bernard Trimble

University of Baltimore Law Review

No abstract provided.


Still Crazy After All These Years: How Five Local Courts Manage Asbestos Litigation And Whether Comparable Case Values Can Help Calm The Craziness, Jeff Trueman Jan 2018

Still Crazy After All These Years: How Five Local Courts Manage Asbestos Litigation And Whether Comparable Case Values Can Help Calm The Craziness, Jeff Trueman

University of Baltimore Law Review

No abstract provided.


Nit Vs. Tor: A Struggle For The Right To Internet Anonymity, Richard E. Byrne Iii Jan 2018

Nit Vs. Tor: A Struggle For The Right To Internet Anonymity, Richard E. Byrne Iii

University of Baltimore Law Review

No abstract provided.


The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele E. Gilman, Rebecca Green Jan 2018

The Surveillance Gap: The Harms Of Extreme Privacy And Data Marginalization, Michele E. Gilman, Rebecca Green

All Faculty Scholarship

We live in an age of unprecedented surveillance, enhanced by modern technology, prompting some to suggest that privacy is dead. Previous scholarship suggests that no subset of the population feels this phenomenon more than marginalized communities. Those who rely on public benefits, for example, must turn over personal information and submit to government surveillance far more routinely than wealthier citizens who enjoy greater opportunity to protect their privacy and the ready funds to secure it. This article illuminates the other end of the spectrum, arguing that many individuals who may value government and nonprofit services and legal protections fail to ...


The Decline Of Free Speech On The Postmodern Campus: The Troubling Evolution Of The Heckler's Veto, Kenneth Lasson Jan 2018

The Decline Of Free Speech On The Postmodern Campus: The Troubling Evolution Of The Heckler's Veto, Kenneth Lasson

All Faculty Scholarship

The Twenty-First Century has presented new challenges to the traditional ways that free speech in America has been encouraged and protected. While the right to express one’s opinions has become increasingly problematic in society at large, it is particularly imperiled in the very places that pride themselves as being open marketplaces of ideas – on college and university campuses.
Today we’re faced with numerous campus speech codes that substantially limit First-Amendment rights. They are ubiquitous and often cavalierly invoked. For civil libertarians the good news is that not one of the few such codes that have been tested in ...


An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels Jan 2018

An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels

All Faculty Scholarship

No abstract provided.


Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh Oct 2017

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

All Faculty Scholarship

After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a ...


The Negative Capital Account Maze, Walter D. Schwidetzky Aug 2017

The Negative Capital Account Maze, Walter D. Schwidetzky

All Faculty Scholarship

Outside Hubert I and Hubert II, there has been little discussion of negative capital accounts in the tax context and almost no discussion in the nontax context. Nontax law, however, is critically important. This report provides an integrated discussion of the application of tax and nontax law to negative capital accounts.

One of the challenges in writing this report is that it requires a discussion of both the at-risk rules of section 465 and the debt allocation rules of section 752. Complex issues involving sections 465 and 752 and their interaction are worthy of their own articles. Indeed, others have ...


Hearsay And The Confrontation Clause (2017), Lynn Mclain May 2017

Hearsay And The Confrontation Clause (2017), Lynn Mclain

All Faculty Scholarship

This material is a part of a lecture delivered at the Maryland Judicial Center on May 11, 2017. It is an update of previous versions available at the following locations:

2016: http://scholarworks.law.ubalt.edu/all_fac/955/

2012: http://scholarworks.law.ubalt.edu/all_fac/924/

The material is a series of flowcharts that explain the nuances of hearsay law and the confrontation clause under Maryland law.


Partnership Tax Allocations: The Basics, Walter D. Schwidetzky May 2017

Partnership Tax Allocations: The Basics, Walter D. Schwidetzky

All Faculty Scholarship

This article endeavors to help practitioners who are not partnership tax allocation experts identify when they should consult with those with that expertise. The partnership-allocation Treasury Regulations have been called "a creation of prodigious complexity ... essentially impenetrable to all but those with the time, talent, and determination to become thoroughly prepared experts on the subject." This article is written for those, to date at least, without that time and determination. At the same time, the article provides an introduction to the partnership tax allocation rules for those contemplating making the requisite investment of time and determination.

The term "partnership," for ...


Who Will Protect The Consumers Of Trademarked Goods?, James Astrachan May 2017

Who Will Protect The Consumers Of Trademarked Goods?, James Astrachan

University of Baltimore Law Review

Federal and state law recognizes multiple forms of intellectual property, including patents,1 copyrights,2 trademarks,3 and trade secrets.4 Alleged violations of patents and copyrights are required by statute to be litigated in the federal courts.5 Trademark rights can arise under the Federal Lanham Act6 or state law.7 Trademark infringement can be litigated in state or federal courts.8 Trade secrets arising under state statutes are litigated in state courts unless diversity jurisdiction exists and is pled.9

Infringement of intellectual property in the case of patents arises when a patented invention is used, manufactured or ...


"A Middle Temperature Between The Two": Exploring Intermediate Remedies For The Failure To Comply With Maryland's Eyewitness Identification Statute, Marc A. Desimone Jr. May 2017

"A Middle Temperature Between The Two": Exploring Intermediate Remedies For The Failure To Comply With Maryland's Eyewitness Identification Statute, Marc A. Desimone Jr.

University of Baltimore Law Review

This article addresses what remedies should be available to a criminal defendant in Maryland who has been identified in an extrajudicial identification procedure that does not comply with the present statutory requirements. Part II of this article provides an overview of the present due process test for evaluating the admissibility of extrajudicial eyewitness identifications, the present Maryland iteration of that test, and alternatives to that approach that have been adopted in other jurisdictions. Part III reviews recent legislative reforms to extrajudicial identification procedures, which are required in Maryland as of January 1, 2016. Section IV.A of this article argues ...


Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby May 2017

Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby

University of Baltimore Law Review

Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.

Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and ...


University Of Baltimore Law Review Volume 46 Number 3 Summer 2017 Front Matter May 2017

University Of Baltimore Law Review Volume 46 Number 3 Summer 2017 Front Matter

University of Baltimore Law Review

No abstract provided.


A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas May 2017

A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas

University of Baltimore Law Review

In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign. Modern historiography, however, has revealed the critical importance of the judiciary, the Justice Ministry, and the legal profession to maintaining the stability of the regime.

As an example, although the number of persons confined to concentration camps from 1933 to 1934 rose to as many as 100,000 people, most were quickly released. The number of concentration camp inmates ...


Comment: Solving The Depraved Heart Murder Problem In Maryland: A Suggestion For Successful Prosecution Of Police Officers, Rachele Norfolk May 2017

Comment: Solving The Depraved Heart Murder Problem In Maryland: A Suggestion For Successful Prosecution Of Police Officers, Rachele Norfolk

University of Baltimore Law Review

Currently, there is no statutory framework for depraved heart murder in Maryland. Additionally, there is a problem with prosecuting this specific kind of murder because Maryland’s common law provides very vague and somewhat flimsy guidance. While prosecuting police officers may prove to be a challenging feat itself, it may be even harder when an officer fails to follow certain procedures or act in certain ways through “acts of omission.”

This Comment will proceed in four parts following this introduction. Part II will provide background information on the Freddie Gray case and the common law in Maryland on depraved

heart ...


Editorial Notes: April 2017, Barbara A. Babb Apr 2017

Editorial Notes: April 2017, Barbara A. Babb

All Faculty Scholarship

This issue of Family Court Review (FCR) begins by honoring the life and memory of Ruth Stern, former Managing Editor of Family Court Review, who passed away in October, 2016. Her husband, Professor Herbie DiFonzo, offers glimpses into Ruth's life and their life together. Coming from a baseball family myself, I am particularly moved by Ruth's and Herbie's mutual passion for the New York Mets. It is obvious from the details Herbie graciously shares that theirs was a love and a life of unique tenderness and togetherness. I am deeply grateful to Herbie for allowing us the ...


Solomonic Judgments And The International Court Of Justice, Nienke Grossman Jan 2017

Solomonic Judgments And The International Court Of Justice, Nienke Grossman

All Faculty Scholarship

This chapter, in a forthcoming book on legitimacy and international courts, analyzes the impact of Solomonic or "split the baby" judgments on the normative and sociological legitimacy of the International Court of Justice.


Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado Jan 2017

Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado

All Faculty Scholarship

The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this ...