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Full-Text Articles in Law

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson Oct 1985

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

All Faculty Scholarship

The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …


Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr. May 1985

Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

There is a fundamental conflict between labor law and antitrust law. The antitrust laws reflect the powerful idea that competition should usually dictate the way our economy is organized, to the benefit of the economy as a whole, including workers. But the labor exemption to the antitrust laws suggests a different policy: workers should have the right to eliminate competition for wages, hours, and working conditions.


The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos May 1985

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

All Faculty Scholarship

This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.


In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson Apr 1985

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

All Faculty Scholarship

The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.


The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson Apr 1985

The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson

All Faculty Scholarship

Electronic mass communications, which have become increasingly influential over the past quarter century, have also undergone rapid and profound technological change. Constitutional governments around the world have struggled to apply their fundamental legal principals to the electronic media through sensible and balanced regulation. Perhaps the central problem in such regulation is to protect truth in the media, mainly by encouraging diversity, without allowing the regulators themselves to exert undue influence over what is disseminated over the airwaves and cables of a country's communications infrastructure. The following article traces the history of France's attempts to solve this problem in its electronic …


The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson Apr 1985

The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson

All Faculty Scholarship

After three decades of what Chief Justice Burger termed ‘the almost explosive development’ of cable television, Congress updated the Communications Act of 1934 with the Cable Communications Policy Act of 1984. The Act represents the culmination of a ‘decade long effort to update the Communications Act of 1934 . . . and bring our outdated communications laws into the information age.’ The 1984 Cable Act was a complicated piece of legislation, the result of countless compromises and political deals. This Article explains how Congress attempted to balance the competing, and sometimes mutually exclusive, interests of the cable operators, cities, video …


Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson Apr 1985

Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson

All Faculty Scholarship

This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.


Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande Mar 1985

Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande

All Faculty Scholarship

No abstract provided.


University Of Baltimore Law Forum Volume 15 Number 2 (Spring 1985) Front Matter Jan 1985

University Of Baltimore Law Forum Volume 15 Number 2 (Spring 1985) Front Matter

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 16 Number 1 (Fall 1985) Front Matter Jan 1985

University Of Baltimore Law Forum Volume 16 Number 1 (Fall 1985) Front Matter

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Wallace V. Jaffree: Moment Of Silence In Public Schools, Christopher N. Luhn Jan 1985

Recent Developments: Wallace V. Jaffree: Moment Of Silence In Public Schools, Christopher N. Luhn

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Oregon V. Elstad: The Cat Is Not Out Of The Bag, Tom Swisher Jan 1985

Recent Developments: Oregon V. Elstad: The Cat Is Not Out Of The Bag, Tom Swisher

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Virgil V. "Kash N'Karry": Circumstantial Evidence Sufficient In Products Liability, Kevin L. Beard Jan 1985

Recent Developments: Virgil V. "Kash N'Karry": Circumstantial Evidence Sufficient In Products Liability, Kevin L. Beard

University of Baltimore Law Forum

No abstract provided.


Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius Jan 1985

Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius

All Faculty Scholarship

As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …


Casenotes: Constitutional Law — Commercial Speech — Federal Statute Prohibiting Mailing Of Unsolicited Contraception Advertisements Violates First Amendment As Applied To Accurate Mailings That Contribute To Informed Decision Making. Bolger V. Youngs Drug Products Corp., 103 S. Ct. 2875 (1983), Janet S. Hankin Jan 1985

Casenotes: Constitutional Law — Commercial Speech — Federal Statute Prohibiting Mailing Of Unsolicited Contraception Advertisements Violates First Amendment As Applied To Accurate Mailings That Contribute To Informed Decision Making. Bolger V. Youngs Drug Products Corp., 103 S. Ct. 2875 (1983), Janet S. Hankin

University of Baltimore Law Review

No abstract provided.


Casenotes: Constitutional Law — Constitutional Guarantees Of Open Public Proceedings In Criminal Trials Extend To Voir Dire Examination Of Potential Jurors. Press-Enterprise Co. V. Superior Court, 104 S. Ct. 819 (1984), Kevin M. Soper Jan 1985

Casenotes: Constitutional Law — Constitutional Guarantees Of Open Public Proceedings In Criminal Trials Extend To Voir Dire Examination Of Potential Jurors. Press-Enterprise Co. V. Superior Court, 104 S. Ct. 819 (1984), Kevin M. Soper

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 14 Number 3 (Spring 1985) Front Matter Jan 1985

University Of Baltimore Law Review Volume 14 Number 3 (Spring 1985) Front Matter

University of Baltimore Law Review

No abstract provided.


Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton Jan 1985

Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton

University of Baltimore Law Review

In 1971, the Maryland General Assembly and court of appeals adopted the prompt trial provisions. It was not until the court's 1979 decision in State v. Hicks, however, that the "teeth" were put into the provisions, by supplying dismissal as the sanction for violation of the defendant's rights under the prompt trial provisions. Since that time, there has been an abundance of litigation in an attempt to clarify the applicability of the provisions and the sanction. In this article, the author presents a practical guide to the Maryland prompt trial provisions, analyzing the provisions and the wealth of recent case …


Casenotes: Criminal Procedure — Appellate Review Of Sentencing — Sentencing Guidelines — Sentencing Judge's Mistaken Application Of Sentencing Guidelines Did Not Require Appellate Court To Vacate Sentence When Sentence Was Within Statutory Limits And Was The Result Of The Judge's Good Faith Exercise Of Discretion. Teasley V. State, 298 Md. 364, 470 A.2d 337 (1984), Mary Elizabeth Wildemann Jan 1985

Casenotes: Criminal Procedure — Appellate Review Of Sentencing — Sentencing Guidelines — Sentencing Judge's Mistaken Application Of Sentencing Guidelines Did Not Require Appellate Court To Vacate Sentence When Sentence Was Within Statutory Limits And Was The Result Of The Judge's Good Faith Exercise Of Discretion. Teasley V. State, 298 Md. 364, 470 A.2d 337 (1984), Mary Elizabeth Wildemann

University of Baltimore Law Review

No abstract provided.


Casenotes: Title Vii — Employment Discrimination — Title Vii Provides Claim For Law Firm Associate Alleging Sex Discrimination In Partnership Selection. Hishon V. King & Spalding, 104 S. Ct. 2229 (1984), Marjorie H. Wax Jan 1985

Casenotes: Title Vii — Employment Discrimination — Title Vii Provides Claim For Law Firm Associate Alleging Sex Discrimination In Partnership Selection. Hishon V. King & Spalding, 104 S. Ct. 2229 (1984), Marjorie H. Wax

University of Baltimore Law Review

No abstract provided.


Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor Jan 1985

Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Psychiatric Evaluations And The Sixth Amendment, Sam P. Piazza Jan 1985

Recent Developments: Psychiatric Evaluations And The Sixth Amendment, Sam P. Piazza

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Dockworker's Remedy, Cathleen A. Quigg Jan 1985

Recent Developments: Dockworker's Remedy, Cathleen A. Quigg

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Imperfect Self Defense, Regan J.R. Smith Jan 1985

Recent Developments: Imperfect Self Defense, Regan J.R. Smith

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Dwi Rights - Chemical Sobriety Test, Jennifer Hammond Jan 1985

Recent Developments: Dwi Rights - Chemical Sobriety Test, Jennifer Hammond

University of Baltimore Law Forum

No abstract provided.


The Child-Parent Testimonial Privilege, The Courts And A Statutory Alternative, Christopher N. Luhn Jan 1985

The Child-Parent Testimonial Privilege, The Courts And A Statutory Alternative, Christopher N. Luhn

University of Baltimore Law Forum

No abstract provided.


Surrogate Motherhood: New Hope For Infertile Couples, Renee L. Menasche Jan 1985

Surrogate Motherhood: New Hope For Infertile Couples, Renee L. Menasche

University of Baltimore Law Forum

No abstract provided.


A Primer On Recovering Attorney's Fees, James Kevin Macalister Jan 1985

A Primer On Recovering Attorney's Fees, James Kevin Macalister

University of Baltimore Law Forum

No abstract provided.


Police Investigative Procedures And Juveniles, A. David Copperthite Jan 1985

Police Investigative Procedures And Juveniles, A. David Copperthite

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Archer V. Archer: Professional Degree Is Not Marital Property, M. Gordon Daniels Jan 1985

Recent Developments: Archer V. Archer: Professional Degree Is Not Marital Property, M. Gordon Daniels

University of Baltimore Law Forum

No abstract provided.