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Full-Text Articles in Law
Maryland Inheritance Taxation Of Testamentary Options To Purchase, William M. Simmons
Maryland Inheritance Taxation Of Testamentary Options To Purchase, William M. Simmons
University of Baltimore Law Review
This Article examines a Kent County, Maryland Circuit Court opinion, the rationale of which leads to a result arguably at odds with the purpose of Maryland inheritance tax law. The author, after a review of relevant extra jurisdictional case law, offers suggestions for judicial and legislative remedial action.
University Of Baltimore Law Review Volume 8 Number 2 (Winter 1979) Front Matter
University Of Baltimore Law Review Volume 8 Number 2 (Winter 1979) Front Matter
University of Baltimore Law Review
No abstract provided.
Casenotes: Civil Procedure — Quasi-In-Rem Jurisdiction — Attachment — Insurer's Obligations To Defend And Indemnify Insured Not Attachable For Purposes Of Jurisdiction. Belcher V. Government Employees' Insurance Co., 282 Md. 718, 387 A.2d 770 (1978), Harry C. Storm
University of Baltimore Law Review
No abstract provided.
Mischief With Malice: A Review Of Liability For Punitive Damages And The Insured's Right To Indemnity Against An Exemplary Award, Mark C. Treanor
Mischief With Malice: A Review Of Liability For Punitive Damages And The Insured's Right To Indemnity Against An Exemplary Award, Mark C. Treanor
University of Baltimore Law Review
This Article begins with an examination of the law of punitive damages, both in Maryland and in other jurisdictions. The author then discusses the question of whether an insured has a right to indemnity against a punitive award, focusing on the issues of insurance policy construction and public policy. A detailed analysis of a recent Maryland opinion on the subject is undertaken, and the author concludes with several recommendations for the Maryland judiciary and the legislature.
Casenotes: Admiralty — Collision Damages — Fourth Circuit Holds That A Time Charterer May Recover Hire Paid During Detention From The Vessel At Fault. Venore Transportation Co. V. M/V Struma, 583 F.2d 708 (4th Cir. 1978), David Eugene Rice
University of Baltimore Law Review
No abstract provided.
Book Reviews: Watergate And The Constitution, Ilona Modly Hogan, Lawrence J. Hogan
Book Reviews: Watergate And The Constitution, Ilona Modly Hogan, Lawrence J. Hogan
University of Baltimore Law Review
No abstract provided.
Book Reviews: Copyright Handbook, Joseph Scafetta Jr.
Book Reviews: Copyright Handbook, Joseph Scafetta Jr.
University of Baltimore Law Review
No abstract provided.
Casenotes: Torts — Interspousal Immunity — Maryland Abrogates Interspousal Immunity In Cases Of Outrageous Intentional Torts. Lusby V. Lusby, 283 Md. 334, 390 A.2d 77 (1978), Judith Bette Becker, Richard D. Caplan
Casenotes: Torts — Interspousal Immunity — Maryland Abrogates Interspousal Immunity In Cases Of Outrageous Intentional Torts. Lusby V. Lusby, 283 Md. 334, 390 A.2d 77 (1978), Judith Bette Becker, Richard D. Caplan
University of Baltimore Law Review
No abstract provided.
Comment: The Constitutionality Of Medical Malpractice Mediation Panels: A Maryland Perspective, Matthew Zimmerman
Comment: The Constitutionality Of Medical Malpractice Mediation Panels: A Maryland Perspective, Matthew Zimmerman
University of Baltimore Law Review
The recent rapid rise in medical malpractice insurance rates has engendered a proliferation of state activity designed to cope with the problem. This Comment analyzes the Constitutional challenges made to the medical malpractice mediation panels adopted by various state legislatures. The author concludes, in light of the decision in Attorney General v. Johnson upholding the somewhat unique Maryland Health Care Malpractice Claims Act, that it is likely that most such plans could withstand Constitutional attack.
University Of Baltimore Law Review Volume 8 Number 3 (Spring 1979) Front Matter
University Of Baltimore Law Review Volume 8 Number 3 (Spring 1979) Front Matter
University of Baltimore Law Review
No abstract provided.
Casenotes: Evidence — Scientific Evidence — Spectrographic Voice Identification Held Inadmissible Pending The General Acceptance Of The Technique By The Scientific Community. Reed V. State, 283 Md. 374, 391 A.2d 364 (1978), Daniel R. Anderson
University of Baltimore Law Review
No abstract provided.
Book Reviews: Children's Rights: Contemporary Perspectives, Suzanne Posner
Book Reviews: Children's Rights: Contemporary Perspectives, Suzanne Posner
University of Baltimore Law Review
No abstract provided.
An Analysis Of The Maryland Mobile Home Park Act: A Need For Amendment, Steven G. Davison
An Analysis Of The Maryland Mobile Home Park Act: A Need For Amendment, Steven G. Davison
University of Baltimore Law Review
The author analyzes the Maryland Mobile Home Park Act, concluding that, while it affords mobile home owners some significant protection against abusive practices of park owners, it leaves many questions unresolved. The author offers a series of suggestions for the Act's improvement.
Comment: State And Local Legislative Powers: An Analysis Of The Conflict And Preemption Doctrines In Maryland, J. Scott Smith
Comment: State And Local Legislative Powers: An Analysis Of The Conflict And Preemption Doctrines In Maryland, J. Scott Smith
University of Baltimore Law Review
As local legislative powers expand, the demarcation between state and local legislative powers has become increasingly unclear. Purported inconsistencies between state and local laws have surfaced. This Comment analyzes the conflict and preemption doctrines in Maryland and synthesizes the general rules applicable to these doctrines. Concluding that the Court of Appeals of Maryland utilizes a rational approach in this area of municipal law, the author urges caution in employing implied preemption.
Casenotes: Corporations — Fiduciary Duty — Circumstances Held Not Sufficiently Suspicious To Invoke Majority Stockholder's Duty To Investigate Purchasers Prior To Sale Of Stock. Clagett V. Hutchison, 583 F.2d 1259 (4th Cir. 1978), Sherry A. Aarons
University of Baltimore Law Review
No abstract provided.
Casenotes: Agency — Duty To Employer — Unfair Competition — Employee Does Not Breach Fiduciary Duty To Employer By Mere Failure To Disclose Details' Of Preparatory Plans Of Future Competition. Maryland Metals, Inc. U. Metzner, 282 Md. 31, 382 A.2d 564 (1978), Charles P. Bauer, J. Michael Dougherty Jr.
Casenotes: Agency — Duty To Employer — Unfair Competition — Employee Does Not Breach Fiduciary Duty To Employer By Mere Failure To Disclose Details' Of Preparatory Plans Of Future Competition. Maryland Metals, Inc. U. Metzner, 282 Md. 31, 382 A.2d 564 (1978), Charles P. Bauer, J. Michael Dougherty Jr.
University of Baltimore Law Review
No abstract provided.
Legislation: The 1978 Maryland Environmental Standing Act, Kim R. Siegert
Legislation: The 1978 Maryland Environmental Standing Act, Kim R. Siegert
University of Baltimore Law Review
"[A]ccess to the court of the United States is the most effective means for citizens to participate directly in environmental decisions and may be the only way to assure that democratic processes are brought to bear on environmental problems."¹
"Pressing" Out The Wrinkles In Maryland's Shield Law For Journalists, Bruce L. Bortz, Laurie R. Bortz
"Pressing" Out The Wrinkles In Maryland's Shield Law For Journalists, Bruce L. Bortz, Laurie R. Bortz
University of Baltimore Law Review
Little has been written about Maryland's shield law¹ for journalists in the eighty-three years that it has existed. In this Article, the authors provide a history and analysis of the law, along with recommendations for its improvement.
Casenotes: Trusts — Spendthrift Provisions — Inter Vivos Transfer Of Grantor-Spouse's Interest In Tenancy By Entirety And Subsequent Testamentary Creation Of Spendthrift Trust By Grantee-Spouse In Favor Of Grantor-Spouse Held To Be Valid Against Latter's Creditors. Watterson V. Edgerly, 40 Md. App. 230, 388 A.2d 934 (1978), Richard C.B. Woods
University of Baltimore Law Review
No abstract provided.
Comment: A Right Under Osha To Refuse Unsafe Work Or A Hobson's Choice Of Safety Or Job?, Susan T. Preston
Comment: A Right Under Osha To Refuse Unsafe Work Or A Hobson's Choice Of Safety Or Job?, Susan T. Preston
University of Baltimore Law Review
No abstract provided.
Legislation: Child Abduction By A Relative: Maryland Enacts A Misdemeanor Offense To Deter Parental Child-Stealing, Allan L. Martin
Legislation: Child Abduction By A Relative: Maryland Enacts A Misdemeanor Offense To Deter Parental Child-Stealing, Allan L. Martin
University of Baltimore Law Review
No abstract provided.
Book Reviews: Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, Bernard F. Goldberg, F. Howard Silverstein
Book Reviews: Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, Bernard F. Goldberg, F. Howard Silverstein
University of Baltimore Law Review
No abstract provided.
Book Reviews: Freedom And The Court, Eugene J. Davidson
Book Reviews: Freedom And The Court, Eugene J. Davidson
University of Baltimore Law Review
No abstract provided.
Subject Index To University Of Baltimore Law Review, Volumes 7 ‒ 8 (1977-1979)
Subject Index To University Of Baltimore Law Review, Volumes 7 ‒ 8 (1977-1979)
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 9 Number 1 (Fall 1979) Front Matter
University Of Baltimore Law Review Volume 9 Number 1 (Fall 1979) Front Matter
University of Baltimore Law Review
No abstract provided.
A Diagnosis, Dissection, And Prognosis Of Maryland's New Wiretap And Electronic Surveillance Law, Richard P. Gilbert
A Diagnosis, Dissection, And Prognosis Of Maryland's New Wiretap And Electronic Surveillance Law, Richard P. Gilbert
University of Baltimore Law Review
This article examines the Maryland Wiretapping and Electronic Surveillance Act. After comparing the Maryland act with corresponding federal law dealing with the interception of oral communications, the author concludes that the Maryland act guarantees greater protection from surreptitious eavesdropping and wiretapping than that afforded by its federal counterpart.
The Maryland Rules — A Time For Overhaul, Paul V. Niemeyer
The Maryland Rules — A Time For Overhaul, Paul V. Niemeyer
University of Baltimore Law Review
The Maryland Court of Appeals Standing Committee on Rules of Practice and Procedure has for some time been considering an extensive revision of the Maryland Rules of Procedure. This Article examines the shortcomings of the current rules, and suggests that the Committee has dramatic reorganization and revision under consideration.
The Tax Consequences Of The Maryland Marital Property Act, Jeffrey H. Levi
The Tax Consequences Of The Maryland Marital Property Act, Jeffrey H. Levi
University of Baltimore Law Review
Since the adoption of the Marital Property Act by the General Assembly, the Act has been the subject of much commentary. This Article examines the federal income taxation consequences of the new divorce property settlement scheme. The author concludes that inasmuch as the Act stops short of the community property concept, it will have significant tax consequences for both spouses.
Preservation Of Maryland Farmland: A Current Assessment, Craig A. Nielsen
Preservation Of Maryland Farmland: A Current Assessment, Craig A. Nielsen
University of Baltimore Law Review
This Article examines various programs in Maryland, both local and state-wide, to promote the preservation of agricultural land. The author demonstrates the need for such programs and concludes that in order for them to be successful, all levels of government within the state must cooperate and commit themselves to adequate funding and intelligent land-use planning.
Casenotes: Criminal Law — Evidence — Attorney-Client Privilege — Disclosures By Criminal Defendant To Defense-Retained Psychiatrist Held Within Scope Of Attorney-Client Privilege Which Defendant Does Not Waive By Pleading Insanity. State V. Pratt, 284 Md. 516, 398 A.2d 421 (1979), Stuart J. Cordish
University of Baltimore Law Review
No abstract provided.