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Articles 1 - 30 of 102
Full-Text Articles in Law
The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger
The Threat Of Smallpox: Eradicated But Not Erased: A Review Of The Fiscal, Logistical And Legal Obstacles Impacting The Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, Michael Greenberger
Faculty Scholarship
Fears that terrorists may have the capabilities and intent to disseminate a variety of biologic agents has once again brought smallpox into the American consciousness. On December 13, 2002, recognizing that the global discontinuation of routine smallpox vaccination over two decades ago had left most Americans unprotected and vulnerable to the ravaging effects of the virus, the President announced a precautionary measure to begin vaccinating teams of emergency responders. The program commenced January 24, 2003. In the ensuing months, public health departments scrambled to meet the goal of vaccinating approximately 500,000 first responders, a protected phalanx that could quickly and …
Using Tort Law To Secure Patient Dignity, Robin Fretwell Wilson
Using Tort Law To Secure Patient Dignity, Robin Fretwell Wilson
Faculty Scholarship
The practice of using anesthetized patients to teach pelvic exams on female patients in university hospitals has been well documented for years. A 1992 study showed that 37 percent of U.S. and Canadian medical schools allowed students to use anesthetized women without their consent to learn how to perform pelvic exams. Anecdotal accounts in the U.S. confirm that men are not immune from such indignities. Although patients have been unable, thus, far to enforce their own interests and protect their dignity, the tort system may yet succeed in securing the right of patients to decide who touches their bodies and …
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Faculty Scholarship
The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …
Unfilfilled Promises: Achieving Justice For Crimes Against Humanity In East Timor, Kelly Askin, Stefanie Frease, Sonja Starr
Unfilfilled Promises: Achieving Justice For Crimes Against Humanity In East Timor, Kelly Askin, Stefanie Frease, Sonja Starr
Faculty Scholarship
No abstract provided.
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Faculty Scholarship
A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to …
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber
Faculty Scholarship
States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …
Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller
Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller
Faculty Scholarship
The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …
New Rules For Supplier Bid Challenges Take Effect In China, Daniel J. Mitterhoff
New Rules For Supplier Bid Challenges Take Effect In China, Daniel J. Mitterhoff
Faculty Scholarship
No abstract provided.
A Principled Solution For Negligent Infliction Of Emotional Distress Claims, Robert J. Rhee
A Principled Solution For Negligent Infliction Of Emotional Distress Claims, Robert J. Rhee
Faculty Scholarship
This article examines negligent infliction of emotional distress, one of the most controversial and least uniform fields of tort law. A review of the judicial and scholarly literature has shown that traditional tort analysis fails. In its stead, the common law has not found an alternative theory of liability that balances the competing interests. Rather, the approach has been to create rules of law based on probabilistic templates. Its dual purpose is to preclude individualized analysis and to limit aggregate liability. This article rejects the current doctrines as inherently arbitrary and proposes a complete overhaul of the law. To find …
Regulate, Don't Eliminate, 527s, Donald B. Tobin
Regulate, Don't Eliminate, 527s, Donald B. Tobin
Faculty Scholarship
No abstract provided.
Tobacco Regulation Review, V. 3, No. 2, Oct. 2004
Tobacco Regulation Review, V. 3, No. 2, Oct. 2004
Tobacco Regulation Review
No abstract provided.
Law & Health Care Newsletter, V. 12, No. 1, Fall 2004
Law & Health Care Newsletter, V. 12, No. 1, Fall 2004
Law & Health Care Newsletter
No abstract provided.
In Practice, V. 5, No. 1, Fall 2004
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Faculty Scholarship
Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …
A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling
A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling
Faculty Scholarship
The Environmental Protection Agency's recent proposal to regulate mercury emissions from power plants, and its final rule on mercury emissions from chlor-alkali facilities, suffer from serious scientific, legal, economic, and distributional flaws. The first installment in this series examined the strong scientific basis for regulating mercury emissions and critiqued the agency's decisions from a legal perspective. This second (and final) installment finds that EPA's decisions also fail from the perspectives of economics and environmental justice. EPA and the Office of Management and Budget's economic analysis of the proposal to regulate mercury from power plants was shoddy and one-sided. EPA and …
Mid-Atlantic Ethics Committee Newsletter, Fall 2004
Mid-Atlantic Ethics Committee Newsletter, Fall 2004
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 2004
Mid-Atlantic Ethics Committee Newsletter, Summer 2004
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Environmental Law At Maryland, No. 19, Summer-Fall 2004
Environmental Law At Maryland, No. 19, Summer-Fall 2004
Environmental Law at Maryland
No abstract provided.
The U.S. Consumption Tax: Evolution, Not Revolution, Daniel S. Goldberg
The U.S. Consumption Tax: Evolution, Not Revolution, Daniel S. Goldberg
Faculty Scholarship
The article expresses the view that the current Internal Revenue Code has evolved into a hybrid income tax and consumption tax. It begins by explaining the difference between an income tax and a consumption tax and provides the backgrounds of the alternative forms of consumption tax: (1) consumed income, (2) yield exemption, and (3) point-of-sale taxation. Under the consumed income tax model of consumption tax, the individual taxpayer includes all items of income, both from labor and from capital, in its tax base, and then subtracts or deducts the portion of that income that he saves or invests. The resulting …
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Faculty Scholarship
Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …
Book Review: Differential Treatment In International Environmental Law, Maxwell O. Chibundu
Book Review: Differential Treatment In International Environmental Law, Maxwell O. Chibundu
Faculty Scholarship
A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.
The Application Of Finance Theory To Increased Risk Harms In Toxic Tort Litigation, Robert J. Rhee
The Application Of Finance Theory To Increased Risk Harms In Toxic Tort Litigation, Robert J. Rhee
Faculty Scholarship
In toxic tort litigation, a plaintiff has no cause of action for increased risk of harm unless that risk is proven by a preponderance of the evidence to lead to a future physical injury. This rule of law is based on an antiquated concept of uncertainty, and evinces the law’s detachment from the knowledge gained from other intellectual disciplines and the everyday workings of the world. This article argues that freedom from increased risk should be a legally cognizable interest, the violation of which gives rise to an independent cause of action. When analyzed under finance theory, increased risk harms …
Law & Health Care Newsletter, V. 11, No. 2, Spring 2004
Law & Health Care Newsletter, V. 11, No. 2, Spring 2004
Law & Health Care Newsletter
No abstract provided.
Tobacco Regulation Review, V. 3, No. 1, April 2004
Tobacco Regulation Review, V. 3, No. 1, April 2004
Tobacco Regulation Review
No abstract provided.
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
Faculty Scholarship
There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Tax Code Section 527 Groups Not An End-Run Around Mccain-Feingold, Edward B. Foley, Donald B. Tobin
Faculty Scholarship
This article ... will analyze both the statutory and constitutional questions concerning whether 527organizations are ‘‘political committees’’ under FECA and thus subject to the $5,000 cap on the contributions they receive from each donor. The article will also consider whether other forms of tax-exempt organizations besides 527s—most notably so-called 501(c)(4) organizations—provide an alternative means of circumventing this $5,000 contribution limit.
The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable
The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable
Maryland Law Review
No abstract provided.
Tributes To Professor Alice Brumbaugh
Human Rights, Humanitarian Law And The "War On Terrorism" In Afghanistan, Peter G. Danchin
Human Rights, Humanitarian Law And The "War On Terrorism" In Afghanistan, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli
The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli
Faculty Scholarship
No abstract provided.