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Series

2010

University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 120

Full-Text Articles in Law

Environmental Law At Maryland, No. 30, Fall 2010 Oct 2010

Environmental Law At Maryland, No. 30, Fall 2010

Environmental Law at Maryland

No abstract provided.


In Practice, V. 11, No. 1, Fall 2010 Oct 2010

In Practice, V. 11, No. 1, Fall 2010

In Practice

No abstract provided.


C-Drum News, V. 4, No. 1, Fall 2010 Oct 2010

C-Drum News, V. 4, No. 1, Fall 2010

The C-DRUM News

No abstract provided.


Law & Health Care Newsletter, V. 18, No. 1, Fall 2010 Oct 2010

Law & Health Care Newsletter, V. 18, No. 1, Fall 2010

Law & Health Care Newsletter

No abstract provided.


A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray Oct 2010

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

Faculty Scholarship

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should ...


Is Our Economy Safe? A Proposal For Assessing The Success Of Swaps Regulation Under The Dodd-Frank Act, Michael Greenberger Oct 2010

Is Our Economy Safe? A Proposal For Assessing The Success Of Swaps Regulation Under The Dodd-Frank Act, Michael Greenberger

Faculty Scholarship

On July 21, 2010, President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act into law. The central goal of the Dodd-Frank Act is to ensure that all standardized derivates products are regulated. The Act requires these trades be fully transparent and backed by adequate capital. The central question for evaluating the success of the Dodd-Frank Act is simple but profound: Has the Dodd-Frank Act made the economy any safer from the threat of another economic meltdown? This paper introduces a number of metrics that can be used to assess the success of the Dodd-Frank Act.


Mid-Atlantic Ethics Committee Newsletter, Fall 2010 Oct 2010

Mid-Atlantic Ethics Committee Newsletter, Fall 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine Sep 2010

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Congressional Testimony

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive ...


From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers, Rebecca Bratspies, Alyson Flournoy, Thomas Mcgarity, Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz Aug 2010

From Ship To Shore: Reforming The National Contingency Plan To Improve Protections For Oil Spill Cleanup Workers, Rebecca Bratspies, Alyson Flournoy, Thomas Mcgarity, Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz

Faculty Scholarship

Eleven workers died on April 20, 2010, when the Deepwater Horizon oil drilling platform exploded beneath them. Since then, tens of thousands of workers have toiled under difficult conditions to stop the leak and clean up the mess. For these workers, the spill is more than an environmental and economic disaster; it poses straightforward and serious risks to their health and safety. Oil is toxic, as are the dispersants used liberally by BP to contain it. BP’s foul up is not the first significant oil spill in the nation’s history, nor even the first in the Gulf. The ...


Ipq; Summer 2010 Jul 2010

Ipq; Summer 2010

IPQ; the Maryland IP Law Quarterly

No abstract provided.


Newsletter, Summer & Fall 2010 Jul 2010

Newsletter, Summer & Fall 2010

Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2010 Jul 2010

Mid-Atlantic Ethics Committee Newsletter, Summer 2010

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Role Of Derivatives In The Financial Crisis – Testimony Before The Financial Crisis Inquiry Commission, June 30, 2010, Michael Greenberger Jun 2010

The Role Of Derivatives In The Financial Crisis – Testimony Before The Financial Crisis Inquiry Commission, June 30, 2010, Michael Greenberger

Congressional Testimony

It is now almost universally accepted that the unregulated multi-trillion dollar OTC CDS market helped foment a mortgage crisis, then a credit crisis, and finally a ―once-in-a-century systemic financial crisis that, but for huge U.S. taxpayer interventions, would have in the fall of 2008 led the world economy into a devastating Depression. Before explaining below the manner in which credit default swaps fomented this crisis, it worth citing in the margin those many economists, regulators, market observers, and financial columnists who have described the central role unregulated CDS played in the crisis.

Even those once skeptical of arguments about ...


Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson Apr 2010

Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson

Faculty Scholarship

Remarks by Professor Larry S. Gibson on the Occasion of the Investiture of Andre M. Davis as an Associate Judge of the U.S. Court of Appeals for the Fourth Circuit, April 30, 2010.


Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson Apr 2010

Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson

Faculty Scholarship

Remarks presented at the April 28th event honoring Maryland Chief Judge Robert M. Bell and the naming of the Morgan State University’s Center for Civil Rights in Education for the Judge.


Environmental Law At Maryland, No. 29, Spring 2010 Apr 2010

Environmental Law At Maryland, No. 29, Spring 2010

Environmental Law at Maryland

No abstract provided.


Ipq; Spring 2010 Apr 2010

Ipq; Spring 2010

IPQ; the Maryland IP Law Quarterly

No abstract provided.


In Practice, V. 10, No. 2, Spring 2010 Apr 2010

In Practice, V. 10, No. 2, Spring 2010

In Practice

No abstract provided.


Law & Health Care Newsletter, V. 17, No. 2, Spring 2010 Apr 2010

Law & Health Care Newsletter, V. 17, No. 2, Spring 2010

Law & Health Care Newsletter

No abstract provided.


A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson Apr 2010

A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson

Faculty Scholarship

The U.S. Supreme Court in Citizens United v Federal Elections Commission declared unconstitutional under the First Amendment right to freedom of speech federal statutory limitations on corporate political expenditures. Before Citizens United, Maryland was already among the 26 states that permitted corporations to make direct political contributions and to make independent political expenditures. Consequently, Citizens United did not change Maryland election law and practice. The Maryland General Assembly has steadfastly resisted efforts to change the Maryland approach. Over the past several years, the General Assembly has repeatedly rejected bills that would have banned political contributions by business entities. Many ...


It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert Mar 2010

It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert

Faculty Scholarship

Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy ...


Solar Homes, Cheryl Cortemeglia, Jim Getz, Molly Knoll, Cara Shepley Jan 2010

Solar Homes, Cheryl Cortemeglia, Jim Getz, Molly Knoll, Cara Shepley

Student Environmental Law Films/Golden Tree Films

The film "Solar Homes” interviewed contestants in the U.S. Department of Energy’s solar home design competition.


Red Rocks, Tom Grillo, John Sipple, Ethan Weitzman Jan 2010

Red Rocks, Tom Grillo, John Sipple, Ethan Weitzman

Student Environmental Law Films/Golden Tree Films

This film explores the background and issues surrounding Senate bill 799 - A bill to designate as wilderness certain Federal portions of the red rock canyons of the Colorado Plateau and the Great Basin Deserts in the State of Utah for the benefit of present and future generations of people in the United States.


Environmental Awareness, Adam Sharpe, Blake Baron Jan 2010

Environmental Awareness, Adam Sharpe, Blake Baron

Student Environmental Law Films/Golden Tree Films

The film "Environmental Awareness" quizzed law students about a variety of environmental issues, demonstrating that their knowledge of current events often is laughably deficient.


Six Stages In The History Of Environmental Law, Nat Keller, Sasha Millard, Emily Rohm Jan 2010

Six Stages In The History Of Environmental Law, Nat Keller, Sasha Millard, Emily Rohm

Student Environmental Law Films/Golden Tree Films

The film “Six Stages in the History of Environmental Law” won the University of Maryland School of Law's “Golden Tree” award for Best Use of Special Effects. Nat Keller, Sasha Millard, and Emily Rohm used moving stick figures against a backdrop of historic photos to illustrate the history of environmental law as described in Professor Percival’s casebook.


State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas Jan 2010

State Of Maryland V. Louis Hyman: Did Progressivism, Concern For Public Health, And The Great Baltimore Fire Influence The Court Of Appeals?, Justin Haas

Legal History Publications

In the latter half of the nineteenth century, increased immigration from eastern Europe and a growing garment industry in Baltimore led to vast growth in so-called sweatshops: cramped workspaces in which clothing was partially or completely sewn for market. As the sweatshops grew, integrated clothing factories were also emerging, finally becoming a real force in the Baltimore garment industry around the turn of the twentieth century. As the integrated factories grew, the workers joined in the growing organized labor movement, and then began to push for greater protections for the health and safety of workers, as well as fair wages ...


Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon Jan 2010

Green V. Garrett: How The Economic Boom Of Professional Sports Helped To Create, And Destroy, Baltimore’S Memorial Stadium, Jordan Vardon

Legal History Publications

Buildings, like people, have lives all their own. They have beginnings, middles, ends, and even good and bad years. This project is a study of a building known by many names, including Venable Park, Mud Stadium, The Great White Elephant of 33rd St., The Old Gray Lady, and the World’s Largest Outdoor Insane Asylum, although for most of its life it was officially referred to as Memorial Stadium, located in Baltimore, Maryland.

The story of Memorial Stadium is really the story of those in the community that surround it. As the use and popularity of the Stadium grew, so ...


The Baltimore Development Corporation: A Case Study Of Economic Development Corporations, Shadow Government, And The Fight For Public Transparency And Accountability, Maximilian Tondro Jan 2010

The Baltimore Development Corporation: A Case Study Of Economic Development Corporations, Shadow Government, And The Fight For Public Transparency And Accountability, Maximilian Tondro

Legal History Publications

This paper explores the limited public accountability of local quasi-public development corporations in negotiating and implementing public redevelopment projects by examining the history of the Baltimore Development Corporation (BDC). For most of its two-decade existence the BDC has strenuously resisted all public inquiry and oversight, a tradition inherited from its predecessors that originated as private business-led entities performing tasks under contract with Baltimore City (City). Like other similar quasi-public local development corporations, the BDC justified its need for secrecy as necessary to ensure the BDC’s effectiveness and efficiency in negotiating with private businesses on redevelopment projects. This assertion that ...


Caretti V Broring Building Company: The Sewering And Planning Of A City, Sheba Newman-Blount Jan 2010

Caretti V Broring Building Company: The Sewering And Planning Of A City, Sheba Newman-Blount

Legal History Publications

Caretti v Broring Building Company was a case decided by the Court of Appeals of Maryland in 1926. Louis and Lucia Caretti sued the Broring Building Company in 1925 to enjoin them from polluting a stream that flowed through the Carettis’ property with sewage from their sewer system. The Carettis sued for an injunction to stop the operation of the sewer and further pollution of the stream. The Court of Appeals reversed the trial court ruling and decided in the Carettis’s favor, granting them an injunction against Broring.

The Carettis’ case occurred at a time when Baltimore was undergoing ...


Somebody Call 911: Windmills Are Killing Our Birds, Jessica Raba, Bryan Ebert Jan 2010

Somebody Call 911: Windmills Are Killing Our Birds, Jessica Raba, Bryan Ebert

Student Environmental Law Films/Golden Tree Films

The film "Somebody Call 911: Windmills Are Killing Our Birds” examines the impact of wind power on birds.