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Full-Text Articles in Law

Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell Feb 2000

Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell

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Testimony in opposition to the Maryland Uniform Computer Information Transfer Act, House Bill 19, Senate Bill 142, 2000.


Banning The Clone, Lori B. Andrews Feb 2000

Banning The Clone, Lori B. Andrews

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No abstract provided.


The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin Feb 2000

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

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No abstract provided.


Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod Feb 2000

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

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No abstract provided.


A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle Feb 2000

A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle

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No abstract provided.


The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene Feb 2000

The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene

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The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In ...


Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

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No abstract provided.


Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent Feb 2000

Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent

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No abstract provided.


Natural Rights And The Second Amendment, Steven J. Heyman Feb 2000

Natural Rights And The Second Amendment, Steven J. Heyman

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No abstract provided.


(National) Trademark Laws And The (Non-National) Domain Name System, Graeme Dinwoodie Jan 2000

(National) Trademark Laws And The (Non-National) Domain Name System, Graeme Dinwoodie

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No abstract provided.


The Legal Duty Rule And Learning About Rules: A Case Study, Joel K. Goldstein Jan 2000

The Legal Duty Rule And Learning About Rules: A Case Study, Joel K. Goldstein

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Early in their law school careers, most students find that the notions they brought with them about law clash with the ideas encountered there. As a traditional first semester course, Contracts is one arena in which students experience most acutely that tension between expectation and reality.

Most new law students probably expect law school professors to spend more time teaching basic legal rules.[1] They anticipate the education in black letter law that is the distinctive trait of bar review courses. They are, therefore, surprised by their professors’ suggestion, whether explicit or implicit, that being a good lawyer is not ...


Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein Jan 2000

Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein

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Turn the clock back for a moment to August 1973. In the midst of the burgeoning Watergate scandal, the nation discovered that Vice President Spiro T. Agnew was being investigated for allegedly accepting bribes from contractors, and for committing tax fraud while Governor of Maryland and Vice President. The investigation, by attorneys in the United States Attorneys Office in Maryland, ultimately gathered sufficient evidence to present to a grand jury. To avoid the spectre of likely indictment and prosecution, Agnew elected to resign his office and plead nolo contendere.[1]

But suppose Agnew had decided not to go quietly.[2 ...


Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman Jan 2000

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

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This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.


Another Attack On The Fast Track, Constance Z. Wagner Jan 2000

Another Attack On The Fast Track, Constance Z. Wagner

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Although the Congressional fight over the North American Free Trade Agreement (NAFTA) may have ended when the NAFTA Implementation Act passed by a narrow margin, the controversy surrounding NAFTA has not. In Made in the USA Foundation v. United States, the United Steel Workers of American and others asserted that NAFTA was void because it had been approved as a congressional-executive agreement when it should have been approved as a treaty under Article II, Clause 2 of the U.S. constitution. The author discusses the constitutional law issue raised by the lawsuit, namely the validity of the long-standing U.S ...


The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman Jan 2000

The Separation Of Questions Of Law And Fact In The New Russian And Spanish Jury Verdicts, Stephen C. Thaman

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This article discusses the division of labor between the judge and the jury in rendering judgment, and the separation of law and fact historically and currently, focusing on Spain and Russia. Both Russia and Spain rejected the Anglo-American general verdict of “guilty” or “not-guilty” in favor of a list of questions or propositions presented to the jury during their criminal procedure reforms of the 1990’s. This article also delves into the jury deliberation, verdict, and judgment process of the two countries.


Health Care Divided: Race And Healing A Nation, Sidney D. Watson Jan 2000

Health Care Divided: Race And Healing A Nation, Sidney D. Watson

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Race matters. Race—particularly racial segregation—casts a pervasive shadow over the organization of American health care. It influences the ownership and governance of institutional providers. It helps account for the high cost of health care in the United States. It contributes to America’s abysmal health status, among the worst of the industrialized world. It is reflected, in part, in the lack of national health insurance. So David Barton Smith begins this book, a book he describes as the story of “a divided nation, a divided health care system, and the uncompleted journey to heal both.”[1]

Most of ...


A New Copyright Order: Why National Courts Should Create Global Norms, Graeme Dinwoodie Jan 2000

A New Copyright Order: Why National Courts Should Create Global Norms, Graeme Dinwoodie

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No abstract provided.


The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme Dinwoodie Jan 2000

The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme Dinwoodie

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No abstract provided.


Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit Jan 2000

Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit

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No abstract provided.


Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber Jan 2000

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

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No abstract provided.


Humanitarian Intervention At A Crossroads, Bartram Brown Jan 2000

Humanitarian Intervention At A Crossroads, Bartram Brown

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No abstract provided.


Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane Jan 2000

Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane

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This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century.


What Law Schools Are Doing To Accommodate Students With Learning Disabilities, Donald H. Stone Jan 2000

What Law Schools Are Doing To Accommodate Students With Learning Disabilities, Donald H. Stone

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The year 2000 marks the tenth anniversary of the 1990 passage of the Americans with Disabilities Act (“ADA”). It also marks a quarter century since the passage of the Education for All Handicapped Children Act (“EAHCA”). The EAHCA opened the doors for disabled children to receive a free and appropriate education. As a result of this special education law, many disabled young people were able to succeed and are now knocking at law schools' doors seeking admission.

On July 26, 1990, Congress enacted the ADA, a landmark civil rights bill designed to open up all aspects of American life to ...


The Reconceptualization Of Legislative History In The Supreme Court, Charles Tiefer Jan 2000

The Reconceptualization Of Legislative History In The Supreme Court, Charles Tiefer

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In 1995, the Supreme Court began to embrace a approach to interpreting Congressional intent. From that year forward, the Breyers-Stevens model of legislative history, or "institutional legislative history," has seen significant success, emerging in the shadows of the success Justice Scalia's enjoyed while promoting his brand of textualism in the early 1990s. In developing a new way to view Congressional intent, Justices Breyers and Stevens synthesize information gathered from congressional report details, preferably attached to bill drafting choices, thereby renouncing Scalia's reliance on the purposes espoused by the Congressional majority. This new approach, the author contends, rejuvenated the ...


Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario Jan 2000

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

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An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.


The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec Jan 2000

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

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At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It ...


Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

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New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members ...


When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin Jan 2000

When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin

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Perhaps you've seen the signs along a number of major highways in Maryland. A pregnant Mona Lisa advertising a DNA testing company with the caption "Who's the Daddy?" With the rise in the number of children born out of wedlock in Maryland in the last several decades, paternity testing is becoming routine and family law practitioners are handling more cases in which the father or mother or both are trying to change who is named as the legal father in a paternity or divorce judgment. The law governing such cases has changed substantially since 1995. This article will ...


Baltimore City’S Child-Focused Court, Barbara A. Babb, Judith D. Moran Jan 2000

Baltimore City’S Child-Focused Court, Barbara A. Babb, Judith D. Moran

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No abstract provided.


When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson Jan 2000

When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson

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Since the return of capital punishment after Furman v. Georgia nearly three decades ago, the Supreme Court of the United States has struggled to control the administration of capital punishment when those decisions are made or recommended by a citizen jury. Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have ...