Law Commons^™

Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson

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Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.

Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …

Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy

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No abstract provided.

Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson

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This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.

Labor Is Losing Ground In The Workplace, Kenneth Lasson

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No abstract provided.

Designing A Hybrid Income-Consumption Tax, Michael S. Knoll

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No abstract provided.

Maryland's Adoption Of A Code Of Evidence, Lynn Mclain

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This short paper written just after the adoption of the Maryland Rules of Evidence explains the rules and the process it took to adapt the Federal Rules of Evidence for use in Maryland.

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

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No abstract provided.

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

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No abstract provided.

Fight Muhammad's 'Secret' With Facts, Kenneth Lasson

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No abstract provided.

Beyond Chicago: Will Activist Antitrust Arise Again?, Robert H. Lande

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There is no need to document the revolution in antitrust that occurred in large part as a result of the rise of the Chicago school of antitrust and the Republicans' 1980 election victory. Now that the Democrats are back in office a natural question arises: Will there be a counterrevolution? What are the chances of significantly more aggressive antitrust in the near future?

Campuses And Common Sense, Kenneth Lasson

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No abstract provided.

Maryland's First Evidence Code, Lynn Mclain

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This outline from a talk given by Professor McLain outlines the history of the rules of evidence Maryland has used and provides a quick summary of the then-new Title 5, the Maryland Rules of Evidence.

Paying Back Your Country Through Income-Contingent Student Loans, Evelyn Brody

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This article uses the case of paying for a college education to study broad issues of equity, both between families and between generations. As a normative matter, I argue that we should subsidize the education of those who are disadvantaged, but that is because a college education generally 'pays off,' society as a whole should not subsidize most students. Rather, the government can serve the valuable function of simply ensuring that students have access to sufficient loans to finance their education. Congress recently enacted President Clinton's proposal to convert the federal role from a guarantor of student loans to a …

President Clinton's National Information Infrastructure Initiative: Community Regained? (Charles Green Lecture), Henry H. Perritt Jr.

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No abstract provided.

Video Depositions, Transcripts And Trials, Henry H. Perritt Jr.

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No abstract provided.

Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Jr.

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No abstract provided.

What Has Happened To The Common Law? -- Recent American Codifications, And Their Impact On Judicial Practice And The Law's Subsequent Development, Mark D. Rosen

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The Article documents that the general failure of the nineteenth century movement to codify American common law has given way to a quiet piecemeal codification over the past seventy five years. The Article assesses the consequences of this large-scale shift from common law to code. While the jurisprudential concerns voiced by opponents of codification in the nineteenth century (that codification would strip judges of necessary discretion and freeze growth of the law) have not materialized, the recent American codes have shaped the law's subsequent evolution in several critical respects. For one, the Article shows that unarticulated, non-axiomatic views of human …

Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein

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No abstract provided.

City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock

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No abstract provided.

From Natural Scarcity To Artificial Abundance: The Legacy Of California Water Law And Politics (Inaugural Issue), A. Dan Tarlock

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No abstract provided.

Tthe Nonequilibrium Paradigm In Ecology And The Partial Unraveling Of Environmental Law, A. Dan Tarlock

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No abstract provided.

The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock

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No abstract provided.

A Property-Based Theory Of Security Interests: Taking Debtors' Choices Seriously, (With C. Mooney, Jr.). , Steven L. Harris

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No abstract provided.

Foundations Of The Duty To Rescue, Steven J. Heyman

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No abstract provided.

Anthologizing The Administrative State, Harold J. Krent

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No abstract provided.

Delegation And Its Discontents (Reviewing David Schoenbrod, Power Without Responsibility, Harold J. Krent

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No abstract provided.

Fathers And Parental Leave, Martin H. Malin

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No abstract provided.

Child Support In Maryland: Time For Change?, Barbara A. Babb

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No abstract provided.

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

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This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

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This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …