Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (5)
- Family Law (4)
- Business Organizations Law (3)
- Civil Rights and Discrimination (2)
- Insurance Law (2)
-
- Law and Gender (2)
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
- Constitutional Law (1)
- Criminal Law (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- First Amendment (1)
- Health Law and Policy (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Legal Education (1)
- Military, War, and Peace (1)
- Property Law and Real Estate (1)
- Religion Law (1)
- Tax Law (1)
- Keyword
-
- Cover (4)
- Editor (4)
- Editorial board (4)
- Letter (4)
- Table of contents (4)
-
- Antitrust law (1)
- Approaches to legal reasoning (1)
- Atomistic model (1)
- Baltimore Orioles (1)
- Baseball (1)
- Battered (1)
- Business behavior (1)
- Chicago school (1)
- Committee (1)
- Corporate conduct (1)
- Countervailing power theory (1)
- Cunard Steamship Co. (1)
- Domestic violence (1)
- Economics (1)
- Family court (1)
- Feminism (1)
- Feminist (1)
- First Amendment (1)
- Freedom of religion (1)
- Gender discrimination (1)
- Law & Economics class (1)
- Law & Economics education (1)
- Legal education (1)
- Legal reasoning (1)
- Maryland (1)
- Publication
- Publication Type
Articles 1 - 30 of 72
Full-Text Articles in Law
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
All Faculty Scholarship
No abstract provided.
A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande
A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande
All Faculty Scholarship
This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.
This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
All Faculty Scholarship
The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.
Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …
A Field Of Dreams Needs A History, Kenneth Lasson
A Field Of Dreams Needs A History, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Recent Developments: International Union, Uaw V. Johnson Controls, Inc.: Employer May Not Bar Women From Employment Which Might Expose Unborn Child To Harm, Howard S. Cohen
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Willy V. Coastal Corp.: Rule 11 Sanctions Upheld Although The Federal District Court Was Subsequently Found To Lack Jurisdiction, Carol Nakhuda Cohen
Recent Developments: Willy V. Coastal Corp.: Rule 11 Sanctions Upheld Although The Federal District Court Was Subsequently Found To Lack Jurisdiction, Carol Nakhuda Cohen
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Molzof V. United States: Supreme Court Chooses Traditional Definition For "Punitive Damages" Under Federal Torts Claims Act, Michael E. Muldowney
Recent Developments: Molzof V. United States: Supreme Court Chooses Traditional Definition For "Punitive Damages" Under Federal Torts Claims Act, Michael E. Muldowney
University of Baltimore Law Forum
No abstract provided.
The Character Committee: Overseeing Moral Character And Fitness, Katherine G. Nair
The Character Committee: Overseeing Moral Character And Fitness, Katherine G. Nair
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Franklin V. Gwinnett County Public Schools: Damages Are Available For An Action Brought To Enforce Title Ix Of The Education Amendments Of 1972, Cheryl Zak
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Fort Gratiot Sanitary Landfill, Inc. V. Michigan Dep't Of Natural Resources: Waste Import Restrictions Violate Interstate Commerce Clause, Carol Nakhuda Cohen
Recent Developments: Fort Gratiot Sanitary Landfill, Inc. V. Michigan Dep't Of Natural Resources: Waste Import Restrictions Violate Interstate Commerce Clause, Carol Nakhuda Cohen
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Cipollone V. Liggett Group, Inc.: Federal Cigarette Labeling Laws Do Not Preempt Certain State And Common Law Actions, Ellen Ann Marth
Recent Developments: Cipollone V. Liggett Group, Inc.: Federal Cigarette Labeling Laws Do Not Preempt Certain State And Common Law Actions, Ellen Ann Marth
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Lee V. Weisman: Court Holds Non-Sectarian Prayer At Secondary School Graduation Ceremony Violates Establishment Clause Of The First Amendment To The Constitution, David E. Canter
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Reddick V. State: Sentencing Judge's Offer To Suspend Five Years Imprisonment Upon Payment Of Restitution To Victim's Family Violated Indigent Defendant's Equal Protection Rights, Paula L. Davis
University of Baltimore Law Forum
No abstract provided.
Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson
Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson
All Faculty Scholarship
Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.
They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …
A Family Court For Maryland: The Time Has Come, Barbara A. Babb
A Family Court For Maryland: The Time Has Come, Barbara A. Babb
All Faculty Scholarship
No abstract provided.
The Actual Validity Of Law, Mortimer N.S. Sellers
The Actual Validity Of Law, Mortimer N.S. Sellers
All Faculty Scholarship
When, and in what sense, are laws ever "valid"? I shall argue that the validity of a law always depends on the law's moral justification. To see why, one must first disentangle three senses of the word "valid." I will distinguish "actual validity" from "legal validity," and use "valid" (without an adjective) only of the former-those laws one actually ought to obey. "Legally valid" laws are laws a particular legal system claims we ought to obey, and "morally valid" laws are laws one could morally justify making legally valid.
The distinction between moral, legal and actual validity explains two well-known …
Republican Authority, Mortimer N.S. Sellers
Republican Authority, Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson
Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson
All Faculty Scholarship
Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.
Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.
This principle was of …
Recent Developments: King V. St. Vincent's Hospital: Members Of The Armed Forces Retain The Right To Civilian Reemployment Under 38 U.S.C. § 2024(D) Regardless Of The Duration Of Active Duty, Shawn Gritz
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Hilton V. South Carolina Public. Railway Commission: Federal Statute Imposing Liability On State-Owned Railroads For Damages To Injured Employees Enforceable In State Courts Only, Linda M. Googins
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Medical Waste Assoc. V. Maryland Waste Coalition: Maryland Environmental Standing Act Does Not Apply To An Organization That Seeks Judicial Review Of An Administrative Procedure, Bonnie S. Laakso
University of Baltimore Law Forum
No abstract provided.
Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz
Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz
University of Baltimore Law Review
No abstract provided.
Notes: Constitutional Law — Ex Post Facto — Was Adding The Requirement Of Gubernatorial Approval Of Parole To The Patuxent Institution's Parole Procedures And Reinstating Original Sentences A Violation Of The Prohibition Against Ex Post Facto Laws? Gluckstern V. Sutton, 319 Md. 634, 574 A.2d 898, Cert. Denied, 498 U.S. 950 (1990), Carolyn W. Evans
University of Baltimore Law Review
No abstract provided.
Frivolous Filings And The Penalty Of Sanctions: The Disparate Impact Of Rule 11 Sanctions In The Litigation Process, Alan J. Belsky
Frivolous Filings And The Penalty Of Sanctions: The Disparate Impact Of Rule 11 Sanctions In The Litigation Process, Alan J. Belsky
University of Baltimore Law Forum
No abstract provided.
A Colleague's Observation... Jerome Frank As Prophet: Courts On Trial Revisited, Damian L. Halstad
A Colleague's Observation... Jerome Frank As Prophet: Courts On Trial Revisited, Damian L. Halstad
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Presley V. Etowah County Commission: Only Procedural Changes Directly Related To Voting And Election Processes May Offend Section 5 Of The Voting Rights Act, Brett R. Wilson
University of Baltimore Law Forum
No abstract provided.
Recent Developments: County Of Yakima V. Confederated Tribes And Bands Of The Yakima Indian Nation: The Indian General Allotment Act Permits Counties To Impose Ad Valorem Taxes But Not Excise Taxes On Patented Land Owned By Tribes And Tribe Members, Carolyn M. Brennan
University of Baltimore Law Forum
No abstract provided.
Recent Developments: White V. Illinois: Spontaneous Declaration And Medical Examination Hearsay Exceptions Do Not Offend Sixth Amendment Confrontation Clause Requirements Regardless Of Declarant's Availability, Paula Elbich
University of Baltimore Law Forum
No abstract provided.
University Of Baltimore Law Forum Volume 22 Number 3 (Spring 1992) Front Matter
University Of Baltimore Law Forum Volume 22 Number 3 (Spring 1992) Front Matter
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Rubin V. State: Protection Of Attorney-Client Privilege Does Not Apply To Location And Condition Of Tangible Evidence Removed Or Altered By Defense Counsel Even If It Implicates The Defendant, Kenneth A. Brown
University of Baltimore Law Forum
No abstract provided.