Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (115)
- Antitrust and Trade Regulation (114)
- Civil Rights and Discrimination (108)
- Constitutional Law (85)
- International Law (84)
-
- Legal Education (76)
- Criminal Law (69)
- Tax Law (59)
- Law and Gender (56)
- Juvenile Law (54)
- Courts (51)
- First Amendment (49)
- Supreme Court of the United States (49)
- Intellectual Property Law (44)
- Consumer Protection Law (43)
- Law Enforcement and Corrections (43)
- Taxation-Federal (43)
- Legal Profession (42)
- Legal History (41)
- Military, War, and Peace (39)
- Criminal Procedure (37)
- Taxation-Federal Estate and Gift (36)
- Entertainment, Arts, and Sports Law (35)
- Jurisprudence (35)
- Social Welfare Law (35)
- Estates and Trusts (34)
- Evidence (34)
- Legal Writing and Research (31)
- State and Local Government Law (31)
- Keyword
-
- Antitrust (95)
- Supreme Court (49)
- Family law (39)
- Children (32)
- Criminal law (31)
-
- First Amendment (31)
- Legal education (31)
- Maryland (30)
- Israel (29)
- Competition (24)
- Constitutional law (24)
- Capital punishment (22)
- Death penalty (19)
- Domestic violence (19)
- Evidence (19)
- United States (19)
- Women (19)
- Courts (17)
- Free speech (17)
- Jonathan Pollard (17)
- Monopoly (16)
- Poverty (16)
- Child (15)
- Custody (15)
- Discrimination (15)
- Patent (15)
- Cartels (14)
- Civil rights (14)
- Espionage (14)
- Estate tax (14)
- Publication Year
Articles 961 - 990 of 1047
Full-Text Articles in Law
Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy
Eroding The Myth Of Discretionary Justice In Family Law: The Child Support Experiment, Jane C. Murphy
All Faculty Scholarship
Reliance on judicial discretion to resolve disputes is one of the most fundamental characteristics of the American legal system. Nowhere have judges exercised more unfettered discretion than in family law. Judicial discretion in this area, however, is not without its critics. In this Article Professor Jane Murphy recommends limiting the use of judicial discretion in family law matters. Professor Murphy argues that the lack of predictability which flows from discretionary decisions undermines our confidence in the equity of decisions and encourages protracted litigation.
Professor Murphy reviews the developing consensus that fixed rules are necessary to guide judges' discretion in divorce …
The Expert In U.S. And German Patent Litigation, James Maxeiner
The Expert In U.S. And German Patent Litigation, James Maxeiner
All Faculty Scholarship
The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment …
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
All Faculty Scholarship
If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …
Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner
Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner
All Faculty Scholarship
Ob in Deutschland oder in den Vereinigten Staaten, der Sachverstaendige spielt haeufig eine entscheidende Rolle in einem Patentrechtsstreit. Die Erforschung der Tatsachen wie auch die Anwendung des Rechts erfordern oft ein technisches Verstaendnis, das nur ein Experte liefern kann. Das Problem, wie diese Informationen demjenigen, der das Urteil faellen muss, nahegebracht werden koennen, stellt sich in beiden Systemen gleichermassen. Allerdings sind die Rolle des Sachverstaendigen und die Art, wie diese Informationen uebertragen werden, hier und dort so verschieden, dass deutsche Juristen schwere Enttaeuschungen, wenn nicht sogar empfindliche Niederlagen befuerchten muessen, wenn sie ihre Vorstellungen und Erfahrungen auf den amerikanischen Prozess …
Consolidating Judgement Liens, Charles Shafer
Consolidating Judgement Liens, Charles Shafer
All Faculty Scholarship
Winning a money judgment is often just the beginning of the lawyer's job in helping the client. The law places the burden on the judgment creditor to find and obtain sufficient assets to satisfy the judgment. There is no penalty (other than accruing interest) for a debtor's failure to pay a judgment creditor. For example, debtors do not have to fear jail in the vast majority of cases. But in attempting to satisfy judgments a lawyer in Maryland, as in other states, faces a thicket of statutes, court rules and case law that have grown up over the last two …
Some Words Are Injurious . . . Some Cause A Raging Storm, Kenneth Lasson
Some Words Are Injurious . . . Some Cause A Raging Storm, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Free Speech: It's Great For Hate, Kenneth Lasson
Free Speech: It's Great For Hate, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.
More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.
All Faculty Scholarship
The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.
The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson
The Efficient Consumer Form Contract: Law And Economics Meet The Real World, Michael I. Meyerson
All Faculty Scholarship
"Law and economics" has been hailed by its supporters as the only intellectually valid means for analyzing legal issues. Its critics have dismissed law and economics as amoral and biased against the poor. Ironically, each side in this frequently acrimonious debate has much to offer those in the opposing camp. This Article reflects a modest attempt to bridge the chasm.
One need not believe that money is everything in order to believe that the effect a given legal rule has on total societal wealth is relevant in decisionmaking. But this admission does not consign one to a legal world where …
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …
Myths And Misunderstandings, Michael I. Meyerson
Myths And Misunderstandings, Michael I. Meyerson
All Faculty Scholarship
This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.
Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson
Scholarship Amok: Excesses In The Pursuit Of Truth And Tenure, Kenneth Lasson
All Faculty Scholarship
In 1937, when Fred Rodell issued his once-famous diatribe, some 150 law-related journals were being published (not to mention thousands of local newspapers and countless full-color comic books). Now there are over eight hundred legal periodicals (not to mention a drastically dwindled number of daily papers, and precious few comics). Both Solomon and Rodell have been all but forgotten. What, indeed, have we wrought? Although Rodell predicted his original panning would have no effect, could he have anticipated the sheer dimensions of this worst-case scenario - that his "professional purveyors of pretentious poppycock" would have spawned so furiously, that the …
This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson
This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson
All Faculty Scholarship
Classified advertisements in newspapers and magazines represent a uniquely democratic access to the media for the individual. Without having to pay the thousands of dollars for full-page advertisements, buyers and sellers can purchase space for their offers for only a few dollars, yet have them seen by city-wide or nation-wide audiences. Democracy, though, breeds its own excesses, and the legal question is always how to control that excess without harming the freedom.
As befits a medium open to all, classified advertisements run the gamut of human activity, from the sale of a used automobile to employment to lonely singles looking …
Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson
Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson
All Faculty Scholarship
Given human nature, computer networks are prone to many of the same legal problems that have affected earlier forms of communication. The insatiable human appetite for mischief, information, pornography, and anti-competitive activity guarantees that the many legal conflicts that afflict computers, telephones, cable television, and broadcasting will be visited upon IBNs. This article focuses on several of these legal problems. By examining the history of controversies involving the electronic media and breaches of security, protection of privacy, regulation of sexual material and refusals to deal, this article attempts to outline some ways to think about applying the lessons from the …
The Making Of A Law Teacher, Odeana R. Neal
The Making Of A Law Teacher, Odeana R. Neal
All Faculty Scholarship
At a meeting of the Northeast Corridor in October, 1990, Paulette Caldwell wondered aloud whether black women law teachers might be carrying on a cultural tradition of teaching. Her inquiry struck a chord with me that I hadn't heard in a long time. When I was very young, I wanted to be a teacher. I tutored younger children when I was in elementary school and commandeered a math class in junior high school after the teacher challenged me to "get up here and teach the class if you think you can do it better than I can." I thought I …
Determining Whether Property Is Necessary For An Effective Reorganization: A Proposal For The Use Of Empirical Research, Charles Shafer
Determining Whether Property Is Necessary For An Effective Reorganization: A Proposal For The Use Of Empirical Research, Charles Shafer
All Faculty Scholarship
The automatic stay is considered to be one of the most important provisions of the Bankruptcy Code for Chapter 11 debtors. It is the shield behind which the debtor may go about the process of reorganization using the mechanisms provided by the other sections of the Code. The stay permits a debtor the time to formulate a repayment or reorganization plan.
Resisting a challenge to the stay is, therefore, often crucial to the reorganizing debtor. By preventing the initiation or pursuit of legal action against a debtor, the stay allows the debtor to devote its limited time and resources to …
Amending The Oversight: Legislative Drafting And The Cable Act, Michael I. Meyerson
Amending The Oversight: Legislative Drafting And The Cable Act, Michael I. Meyerson
All Faculty Scholarship
The Cable Communications Policy Act of 1984 ("Cable Act") represented the first comprehensive federal law governing the no-longer new communications technology of cable television. After years of confronting a "patchwork" of federal, state, and local regulation, the cable industry, government regulators, and the public were told that the Cable Act would create a "national policy concerning cable communications," and firmly "establish guidelines for the exercise of Federal, State, and local authority."
Unfortunately, the Cable Act failed to fulfill its numerous objectives. Advertised as a careful balance, the Cable Act was administratively and judicially converted to a lopsided grant of victory …
Commentary: Implications Of Professor Scherer's Research For The Future Of Antitrust, Robert H. Lande
Commentary: Implications Of Professor Scherer's Research For The Future Of Antitrust, Robert H. Lande
All Faculty Scholarship
One way to test the accuracy of Professor Scherer's research is to compare it to the best previous work in the area. Prior to his current article the best analysis of the state of economic thinking and knowledge during antitrust's formative period was presented twelve years ago by—Professor Scherer. This was a skeletal precurser to the well-documented version that he now presents, but his overall conclusions are identical. During the twelve years since his conclusions were presented in the Yale Law Journal no one has demonstrated that his research is in any way faulty or misleading, even though many have …
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
All Faculty Scholarship
Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.
This article offers a brief overview of the religious history of Maryland, focuses on important state …
Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande
Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande
All Faculty Scholarship
When should the government challenge a merger that might increase market power but also generate efficiency gains? The dominant belief has been that the government and courts should evaluate these mergers solely in terms of economic efficiency. Congress, however, wanted the courts to stop any merger significantly likely to raise prices. Substantially likely efficiency gains should therefore affect the legality of mergers to the extent that they are likely to prevent price increases. This standard is more strict than the economic efficiency criterion, because the latter would permit mergers substantially likely to lead to higher prices, if sufficient efficiency gains …
Chicago's False Foundation: Wealth Transfers (Not Just Efficiency) Should Guide Antitrust, Robert H. Lande
Chicago's False Foundation: Wealth Transfers (Not Just Efficiency) Should Guide Antitrust, Robert H. Lande
All Faculty Scholarship
My role today will be comparable to the small child's in the classic story of the Emperor's new clothes; I too have a simple truth to tell. The sole goal of antitrust is not to enhance economic efficiency. Increased economic efficiency is not even the primary goal of the antitrust laws. The main purpose of the antitrust laws is to prevent firms from acquiring and using market power to force consumers to pay more for their goods and services. Congress was primarily concerned that corporations would use market power "unfairly" to extract wealth from consumers. These wealth transfers were of …
Ratification And Undisclosed Principals, Arnold Rochvarg
Ratification And Undisclosed Principals, Arnold Rochvarg
All Faculty Scholarship
No abstract provided.
Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White
Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White
All Faculty Scholarship
Judicial inconsistencies in balancing costs against benefits in legal determinations, sometimes referred to as the Learned Hand Formula, indicate that the implications are not fully understood. The incorporation of more formal economic cost-benefit analysis by some courts has only served to increase the confusion and wariness about fostering such guidelines for social behavior.
This article's purpose is threefold. One is to demonstrate how the use of cost-benefit analysis necessarily imparts the moral and/or political values of the user into his or her decisions. While the cost-benefit technique is itself value-neutral, its application, as will be shown, requires that some moral …
When Should States Challenge Mergers: A Proposed Federal/State Balance, Robert H. Lande
When Should States Challenge Mergers: A Proposed Federal/State Balance, Robert H. Lande
All Faculty Scholarship
This article critically analyzes the current system of United States merger enforcement, under which both federal and State antitrust enforcers scrutinizes and potentially can challenge any merger that affects interstate commerce. This article develops and proposes an alternative, a voluntary division of responsibility patterned after the European Union's approach. Under this alternative federal enforcers normally would defer to State enforcers for certain specified mergers, and State enforcers normally would defer to federal enforcers for other specified mergers.
The Rise And (Coming) Fall Of Efficiency As The Ruler Of Antitrust, Robert H. Lande
The Rise And (Coming) Fall Of Efficiency As The Ruler Of Antitrust, Robert H. Lande
All Faculty Scholarship
The debate over the legitimate goals of antitrust is ceaseless and its practical resolution influenced by politics. The answer often given in the past, and particularly during the Warren Court era when a heavy emphasis was placed on social and political factors, contrasts sharply with the consensus view during the Reagan Administration that only economic efficiency counts. Since antitrust moves in cycles, a natural question arises—will antitrust continue to stand upon a foundation of efficiency, return to the old social and political perspective, or embrace some third view of its proper direction?
A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande
A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Developments In Maryland Law, 1986-87 Survey: Constitutional Law, Eric Easton, Lori A. Reinhold, Joseph B. Tétrault
Developments In Maryland Law, 1986-87 Survey: Constitutional Law, Eric Easton, Lori A. Reinhold, Joseph B. Tétrault
All Faculty Scholarship
No abstract provided.
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Antitrust Synthesis, Robert H. Lande
Panel Discussion On Self-Regulation, Robert H. Lande
Panel Discussion On Self-Regulation, Robert H. Lande
All Faculty Scholarship
No abstract provided.