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Articles 1 - 30 of 67
Full-Text Articles in Law
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 14 Number 3 (Spring 1985) Front Matter
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
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
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
University of Baltimore Law Review
No abstract provided.
Sex-Based Wage Discrimination And The Comparable Worth Doctrine, Claire M. Treanor
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
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
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
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
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
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
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
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
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
Recent Developments: Archer V. Archer: Professional Degree Is Not Marital Property, M. Gordon Daniels
University of Baltimore Law Forum
No abstract provided.