Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 40

Full-Text Articles in Law

Injustice Casts Shadow On History Of State Executions, John Bessler Dec 2003

Injustice Casts Shadow On History Of State Executions, John Bessler

All Faculty Scholarship

This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.


Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner Dec 2003

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

All Faculty Scholarship

Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the ...


Expert Testimony And Scientific Evidence, Lynn Mclain Nov 2003

Expert Testimony And Scientific Evidence, Lynn Mclain

All Faculty Scholarship

Handout from a day-long lecture on expert and scientific testimony at the Maryland Judicial Institute.


Does Your Website Put You At Risk?—Liability Issues In Using Third Party Content: Global Perspectives, James Maxeiner Nov 2003

Does Your Website Put You At Risk?—Liability Issues In Using Third Party Content: Global Perspectives, James Maxeiner

All Faculty Scholarship

This presentation examines some of the new laws that affect the liability risks faced by online service providers that rely in part or in whole on information posted or otherwise provided by third parties, both with respect to issues associated with liability for defamatory information and to infringement issues.

In this presentation we are going to consider first the most important areas of liability for distribution of third party content. These laws pre-date the Internet and continue in force. We will then consider liability for third party content under the most important of those laws. Finally, we will consider how ...


Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner Nov 2003

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.


It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson Oct 2003

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Symposium Editor's Note, Barbara A. Babb Oct 2003

Symposium Editor's Note, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger Oct 2003

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.


Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Audrey Mcfarlane Oct 2003

Preserving Community In The City: Special Improvement Districts And The Privatization Of Urban Racialized Space, Audrey Mcfarlane

All Faculty Scholarship

This essay examines some of the ramifications of the formation of business improvement districts (BIDs) in urban centers that levy additional taxes in particular geographic areas to provide supplementary services. Originally designed to further business development to improve the tax base of the entire city, these districts are increasingly being used by affluent city neighborhoods to enhance what are viewed as inadequate municipal services. Because cities are often divided into affluent, white neighborhoods and poor minority ones, BIDs are troubling in that they reinforce race and class divisions within what is theoretically an urban whole. Professor McFarlane argues that we ...


Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White Oct 2003

Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White

All Faculty Scholarship

This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.

The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the ...


Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg Oct 2003

Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg

All Faculty Scholarship

The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted ...


Speech: The Bill Of Rights, Garrett Epps Jul 2003

Speech: The Bill Of Rights, Garrett Epps

All Faculty Scholarship

The Bill of Rights is a much more fortuitous addition to the Constitution than many people imagine. The tired delegates at Philadelphia were unable to make the final effort to frame a bill of rights, and their failure nearly caused the collapse of ratification. When the First Congress met, James Madison took responsibility for making the new government live up to the implied pledge made during ratification to provide a partial list, drawn from the historic rights on English subjects. Not all Madison's proposed amendments were adopted however. The work of adumbrating the full scope of liberty under the ...


Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy Jun 2003

Ub Viewpoint – Changing Roles Of Fatherhood, Jane C. Murphy

All Faculty Scholarship

No abstract provided.


Impeachment Of Witnesses: A Walking Tour, Lynn Mclain Jun 2003

Impeachment Of Witnesses: A Walking Tour, Lynn Mclain

All Faculty Scholarship

This handout from the Maryland State's Attorneys' Convention in 2003 summarizes the general methods of witness impeachment, who may be impeached, and impeachments by attacks on witnesses' character for truthfulness.


Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande Jun 2003

Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande

All Faculty Scholarship

No abstract provided.


"Quick-Takes" On A Few Recent Decisions In Evidence Law ... And Rule 5-407, Lynn Mclain May 2003

"Quick-Takes" On A Few Recent Decisions In Evidence Law ... And Rule 5-407, Lynn Mclain

All Faculty Scholarship

Handout from the State and Local Government Law Institute covering recent (2003) Maryland evidence cases.


Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman May 2003

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive ...


The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande Apr 2003

The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Local Economic Development Incentives In An Era Of Globalization: The Exploitation Of Decentralization And Mobility, Audrey Mcfarlane Apr 2003

Local Economic Development Incentives In An Era Of Globalization: The Exploitation Of Decentralization And Mobility, Audrey Mcfarlane

All Faculty Scholarship

This essay discusses the dilemma corporate mobility through globalization presents for cities that are fixed geographically. Corporations seek and cities offer business incentives that with questionable benefits to local residents. The essay recommends that the local government dilemma and susceptibility to exploitation be acknowledged. While the essay recommends that cities seek to limit their efforts to be providers of local infrastructure (eg., roads, utilities, an educated workforce) it also recommends that the cities are incapable of addressing the corporate mobility issue on their own and are prone to continued exploitation.


Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller Apr 2003

Physician Liability And Managed Care: A Philosophical Perspective, Dionne L. Koller

All Faculty Scholarship

Despite the emergence of managed health care and the resulting dramatic change in the role of the third-party payer in the physician-patient relationship, the liability standards applied to physicians largely have remained unchanged. This has created a tension between physicians' legal and ethical obligations, and the requirements imposed on the physician by managed health care. Specifically, the issue confronts the physician in the context of malpractice liability. Managed Care Organizations impose a significant amount of control over the way physicians practice medicine, often forcing physicians to ration care. Notwithstanding any beneficial cost savings that might result, this approach subjects the ...


Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario Apr 2003

Spousal Election: Suggested Equitable Reform For The Division Of Property At Death, Angela M. Vallario

All Faculty Scholarship

Testators have traditionally enjoyed immense discretion in directing the disposition of their wealth upon death; however, when a spouse survives the testator, public policy dictates a limitation on the testator's ability to dispose of property. American jurisdictions impose this limitation through the elective share in common law states and by the nature of property ownership in community property states. Ideally, this limitation should ensure equitable financial protection for the surviving spouse and protect his or her interest in assets that were accumulated with the decedent, yet the current elective share methods fall short of these goals.


Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec Apr 2003

Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec

All Faculty Scholarship

In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.


The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison Apr 2003

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson Mar 2003

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

All Faculty Scholarship

This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.


Ub Viewpoint – Media Mergers, Antitrust Law And Consumer Choice, Robert H. Lande Mar 2003

Ub Viewpoint – Media Mergers, Antitrust Law And Consumer Choice, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario Mar 2003

Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario

All Faculty Scholarship

Under Maryland case law, a plaintiff in an estate planning malpractice action must be in strict privity with the attorney who drafted the will. To date, Maryland has not extended the third-party beneficiary exception to the estate planning arena.

Legatees specifically identified in a will by name or class are generally precluded from bringing a cause of action against the attorney for the attorney's alleged negligence, because in Maryland in order to recover for legal malpractice, a plaintiff must:show: "(1) the attorney's employment; (2) his neglect of a reasonable duty; and (3) loss to the client proximately ...


Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb Feb 2003

Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes Jan 2003

Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes

All Faculty Scholarship

Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how ...


American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner Jan 2003

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an ...


Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran Jan 2003

Judicial Independence In Family Courts, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

No abstract provided.