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Full-Text Articles in Law

The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa Jan 2016

The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa

University of Baltimore Journal of International Law

This article has the objective of analyzing the role played by Brazil and the United States in protecting the right to a healthy environment at an international level, especially at the World Trade Organization level. First, we must try to identify the fundamental right to a healthy environment, in its internal dimension and as a human right, at the international level. We used the bibliographic technique and deductive methodology to develop the research. The results at the conclusion evidence that the behavior of political and economic agents has a direct impact on the level of environmental protection. In the United ...


Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler Jan 2014

Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler

All Faculty Scholarship

This Article traces the history of capital punishment in America. It describes the death penalty's curtailment in colonial Pennsylvania by William Penn, and the substantial influence of the Italian philosopher Cesare Beccaria -- the first Enlightenment thinker to advocate the abolition of executions -- on the Founding Fathers' views. The Article also describes the transition away from "sanguinary" laws and punishments toward the "penitentiary system" and highlights the U.S. penal system's abandonment of non-lethal corporal punishments.


International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas Jan 2013

International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas

University of Baltimore Journal of International Law

In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order ...


Can Green Building Law Save The Planet?, Stuart D. Kaplow Jan 2013

Can Green Building Law Save The Planet?, Stuart D. Kaplow

University of Baltimore Journal of Land and Development

Buildings have a large impact on the planet and are tremendous consumers of electricity, accounting for projected 74.0% of the total electricity consumption in the United States in 2012. In a broader measure, buildings in the United States account for 41.0% of the nation's overall energy use.


The American Historical Review (April 2012) (Reviewing David Garland, Peculiar Institution: America’S Death Penalty In An Age Of Abolition, John Bessler Apr 2012

The American Historical Review (April 2012) (Reviewing David Garland, Peculiar Institution: America’S Death Penalty In An Age Of Abolition, John Bessler

All Faculty Scholarship

No abstract provided.


The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade Jan 2012

The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade

University of Baltimore Journal of International Law

Lost in the international debate raging around Iran’s burgeoning nuclear weapons program is the deep and complex history that exists between the United States and Iran, as well as the legal rights and responsibilities that exist between the two nations. A thorough examination of the intensely adversarial relationship that has developed over the past sixty years must be undertaken before any path to a diplomatic solution is likely to succeed. The historical evidence clearly shows that Iran’s animosity towards and distrust of the United States is entirely justified, and the United States’ mistrust of Iran is equally well-grounded ...


The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire Jan 2012

The First True Case Of 'Leed-Igation': The Far-Reaching Impact Of Gifford V. United States Green Building Council, Colin W. Maguire

University of Baltimore Journal of Land and Development

No abstract provided.


Let My People Go!, Kenneth Lasson Apr 2011

Let My People Go!, Kenneth Lasson

All Faculty Scholarship

This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.


Jews In Jail, Kenneth Lasson Sep 2009

Jews In Jail, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Pollard Languishes, Kenneth Lasson Feb 2009

Pollard Languishes, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson Jan 2008

The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson

All Faculty Scholarship

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I ...


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

All Faculty Scholarship

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North ...


Passover And Jonathan Pollard, Kenneth Lasson Apr 2007

Passover And Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Sounds Of Silence, Kenneth Lasson Sep 2005

Sounds Of Silence, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


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.


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 ...


Pollard Treated Unfairly, Kenneth Lasson Jan 1999

Pollard Treated Unfairly, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Why Clinton Should Pardon Pollard – Now, Kenneth Lasson Oct 1998

Why Clinton Should Pardon Pollard – Now, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson Apr 1998

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton Jan 1998

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence ...


Pollard And Priorities, Kenneth Lasson Mar 1997

Pollard And Priorities, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Long Overdue, Kenneth Lasson Jan 1997

Long Overdue, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson Dec 1996

The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson

All Faculty Scholarship

Such irreverence was nothing new to Nimrod. A half-century earlier he had encouraged [Abraham], who'd publicly renounced idolatry even though his father manufactured and sold graven images: how ridiculous, he reasoned, to worship clay figures that had been made the day before! Thus did Nimrod have Abraham thrown into a fiery furnace, from which, according to Midrashic legend, he emerged unscathed. Unlike Nimrod, Abraham eschewed power in favor of teaching ethics and morality to his people.

In the intervening years Nimrod concerned himself with the building of great cities as testimony to his own power and invincibility. And in ...


Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson Jan 1993

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

This article examines specific restrictions promulgated and practiced during the Persian Gulf War, provides a brief historical analysis of how the United States and other nations have traditionally accommodated the religious activities of their military personnel, and addresses the question of how far we can constitutionally limit the free-exercise rights of the people in the military in light of current Supreme Court jurisprudence.


The United States Maritime Industry: A Transnational Application Of U.S. Statutory Law, D. W. Lenehan Apr 1976

The United States Maritime Industry: A Transnational Application Of U.S. Statutory Law, D. W. Lenehan

University of Baltimore Law Forum

No abstract provided.