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University of Baltimore Law

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Full-Text Articles in Law

Recent Developments: Jones V. State: Public Duty Doctrine Does Not Protect The State Against A Negligence Action For Law Enforcement Officers' Intentional Torts; Standard Of Care For Law Enforcement Officers' Fourth Amendment Training Does Not Require Expert Testimony, Alicia L. Shelton Jan 2012

Recent Developments: Jones V. State: Public Duty Doctrine Does Not Protect The State Against A Negligence Action For Law Enforcement Officers' Intentional Torts; Standard Of Care For Law Enforcement Officers' Fourth Amendment Training Does Not Require Expert Testimony, Alicia L. Shelton

University of Baltimore Law Forum

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 Jan 2012

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.


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 Jan 2012

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.


Recent Developments: Mulligan V. Corbett: A Child Conceived During Marriage, But Born After Divorce Is Considered Legitimate, Thus A Self-Proclaimed Biological Father Is Not Entitled To Blood Testing Absent A Showing It Is In The Best Interests Of The Child, Megan K. Green Jan 2012

Recent Developments: Mulligan V. Corbett: A Child Conceived During Marriage, But Born After Divorce Is Considered Legitimate, Thus A Self-Proclaimed Biological Father Is Not Entitled To Blood Testing Absent A Showing It Is In The Best Interests Of The Child, Megan K. Green

University of Baltimore Law Forum

No abstract provided.


Symposium Foreword: Applying Feminism Globally, Margaret E. Johnson Jan 2012

Symposium Foreword: Applying Feminism Globally, Margaret E. Johnson

University of Baltimore Law Review

No abstract provided.


Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman Jan 2012

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

University of Baltimore Law Review

No abstract provided.


Foreword: 2012 Clinical Legal Education Symposium, Leigh Goodmark Jan 2012

Foreword: 2012 Clinical Legal Education Symposium, Leigh Goodmark

University of Baltimore Law Review

No abstract provided.


The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly Jan 2012

The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly

University of Baltimore Law Review

No abstract provided.


Meeting The Professional Identity Challenge In Legal Education Through A Relationship-Centered Experiential Curriculum, Susan L. Brooks Jan 2012

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 …


Herding Cats: Role Ambiguity, Governance, And Law School Clinical Programs, Binny Miller Jan 2012

Herding Cats: Role Ambiguity, Governance, And Law School Clinical Programs, Binny Miller

University of Baltimore Law Review

No abstract provided.


Comments: Modest Proposals For A Complex Problem: Patent Misuse And Incremental Changes To The Hatch-Waxman Act As Solutions To The Problem Of Reverse Payment Settlements, Alyssa L. Brown Jan 2012

Comments: Modest Proposals For A Complex Problem: Patent Misuse And Incremental Changes To The Hatch-Waxman Act As Solutions To The Problem Of Reverse Payment Settlements, Alyssa L. Brown

University of Baltimore Law Review

No abstract provided.


When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert L. Jones Jr., Gerard F. Glynn, John J. Francis Jan 2012

When Things Go Wrong In The Clinic: How To Prevent And Respond To Serious Student Misconduct, Robert L. Jones Jr., Gerard F. Glynn, John J. Francis

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 41 Number 2 (Winter 2012) Front Matter Jan 2012

University Of Baltimore Law Review Volume 41 Number 2 (Winter 2012) Front Matter

University of Baltimore Law Review

No abstract provided.


Bringing Balance To Mid-North America: Restructuring The Sovereign Relationships Between Tribal Nations And The United States, Angelique Townsend Eaglewoman (Wambdi A. Wastewin) Jan 2012

Bringing Balance To Mid-North America: Restructuring The Sovereign Relationships Between Tribal Nations And The United States, Angelique Townsend Eaglewoman (Wambdi A. Wastewin)

University of Baltimore Law Review

No abstract provided.


Comments: The Credit Card Act Of 2009 Was Not Enough: A National Usury Rate Would Provide Consumers With The Protection They Need, Eliot C. Schaefer Jan 2012

Comments: The Credit Card Act Of 2009 Was Not Enough: A National Usury Rate Would Provide Consumers With The Protection They Need, Eliot C. Schaefer

University of Baltimore Law Review

No abstract provided.


The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack Jan 2012

The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack

University of Baltimore Law Review

Humans in the United States, and many other market-centric nations, live in a world extensively populated by friendly, helpful, honest, charitable, patriotic beings worthy of our respect and support — none of whom exist. Yet these fellow-beings speak to us humans so often that they must be part of our ingrained perception of the world. Who are they? They are the marketing personas created by totally self-interested businesses. They harm humans not only by misdirection in specific instances, but by providing cover for our government's improper prioritization of corporate interests over human interests. This systemic distortion of public perception is …


Comments: The Scarlett Letter "T": The Tier Iii Terrorist Classification's Inconsistent And Ineffectual Effects On Asylum Relief For Members And Supporters Of Pro-Democratic Groups, Daniella Pozzo Darnell Jan 2012

Comments: The Scarlett Letter "T": The Tier Iii Terrorist Classification's Inconsistent And Ineffectual Effects On Asylum Relief For Members And Supporters Of Pro-Democratic Groups, Daniella Pozzo Darnell

University of Baltimore Law Review

No abstract provided.


Unraveling The Chicago/Harvard Antitrust Double Helix: Applying Evolutionary Theory To Guard Competitors And Revive Antitrust Jury Trials, Thomas J. Horton Jan 2012

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 Jan 2012

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 Jan 2012

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 Forum Volume 43 Number 1 (Fall 2012) Front Matter Jan 2012

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

University of Baltimore Law Forum

No abstract provided.


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 Jan 2012

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.


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

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 …


Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer Jan 2012

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, …


Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner Jan 2012

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 Jan 2012

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.


Inventing Norms, William Hubbard Dec 2011

Inventing Norms, William Hubbard

All Faculty Scholarship

Patent law strives to promote the progress of technology by encouraging invention. Traditionally, scholars contend that patent law achieves this goal by creating financial incentives to invent in the form of exclusive rights to new technology. This traditional view of invention, however, fails to recognize that inventors are motivated by more than money. Like most people, inventors are also motivated by social norms, that is, shared normative beliefs favoring certain actions while disfavoring others. This Article argues that many Americans embrace social norms that favor and encourage successful invention. Because of these "inventing norms" inventors enjoy enhanced personal satisfaction and …