Law Commons^™

A Comment On The 1988 Maryland General Assembly's Legislative Session, Robert L. Ehrlich Jr.

University of Baltimore Law Forum

No abstract provided.

Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop

All Faculty Scholarship

This article seeks an answer to a question that should be well settled: for purposes of antitrust analysis, what is 'market power' and/or 'monopoly power'? The question should be well settled because antitrust law requires proof of actual or likely market power or monopoly power to establish most types of antitrust violations.

Examination of key antitrust law opinions, however, shows that courts define 'market power' and 'monopoly power' in ways that are both vague and inconsistent. We conclude that the present level of confusion is unnecessary and results from two different but related errors:

(1) the belief or suspicion that …

Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton

All Faculty Scholarship

In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …

Shifting Of Income Within The Family: Will 1986 I.R.C. Changes Bring Significant Reform, John A. Lynch Jr.

All Faculty Scholarship

In challenging Congress and the citizenry to embrace tax reform, President Reagan stated:

While most Americans labor under excessively high tax rates that discourage work and cut drastically into savings, many are able to exploit the tangled mass of loopholes that has grown up around our tax code to avoid paying their fair share-sometimes to avoid paying any taxes at all.

Fairness and simplicity were clearly overriding objectives of the tax reform movement that culminated in the Tax Reform Act of 1986.

From the perspectives of both fairness and simplicity, one of the most egregious features of prior law was …

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande

All Faculty Scholarship

Vertical restraints come in a glittering menu of exceptional variety, including resale price maintenance (RPM), tying, exclusive dealing, requirements contracts, "best efforts" clauses, full-line forcing, airtight and nonairtight exclusive territories, customer restrictions, areas of primary responsibility, profit-passover provisions, restrictions on locations of outlets, and dual distribution. Firms sometimes combine vertical restraints into packages. The great variety of individual and combined vertical restraints complicates the discovery of market effects. Indeed, identifying what restraint(s) a given firm is using at any particular time can be difficult.

An Anti-Antitrust Activist?; Podium, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes

All Faculty Scholarship

No abstract provided.

New Forces Chip Away At Agencies' Policy Of Antitrust Abandonment, Joe Sims, Robert H. Lande

All Faculty Scholarship

Antitrust is at a crossroads. the federal agencies are dominated by the economic approach of the Chicago school, but congress and the states are expressing sharp dissent.

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

All Faculty Scholarship

On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

Coase And The Courts: Economics For The Common Man, Barbara Ann White

All Faculty Scholarship

The arguments collectively known as the Coase Theorem criticize the judicial policy of requiring businesses to ‘internalize’ their external costs of production, i.e., pay for the social costs their production incurs such as environmental or noise pollution. Coase argues that the policy of internalization often leads to economic inefficiency rather than efficiency maximization, contrary to what Pigouvian economic analysis asserts. The right to be free of the external costs of production ought to be based, instead, on Coase’s total product rule: Courts should allocate rights according to what maximizes overall total production and thereby maximize social welfare.

Coasian analysis has …

Recent Developments: Staley V. Board Of Education Of Washington County: Attorney's Fees Allowed Even Though Amount Paid In Workers' Compensation Claim Exceeded Total Sum Due Under A Modified Award, Christopher Hale

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Crawley V. General Motors: Dispensing With Disability In Occupational Deafness Claims, Randolph C. Baker

University of Baltimore Law Forum

No abstract provided.

Stress In The Work Place, Daniel J. Freedenburg M.D.

University of Baltimore Law Forum

No abstract provided.

Colorization: Byting More Than You Can Chew?, Joseph J. Libricz Jr.

University of Baltimore Law Forum

No abstract provided.

From Legislature To Litigation: The Real Medical Malpractice Crisis, Patti G. Zimmerman

University of Baltimore Law Forum

No abstract provided.

Maryland Workmen's Compensation System Revisited, Bernard J. Sevel

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Booth V. Maryland: Victim Impact Statements Inadmissable At Sentencing Hearing In Capital Murder Case, Natasha Sethi

University of Baltimore Law Forum

No abstract provided.

Below Market Loans: From Abuse To Misuses – A Sports Illustration, Phillip J. Closius, Douglas K. Chapman

All Faculty Scholarship

Below market loans have been traditionally used as substitutes for gifts, salaries, and dividends for the primary purpose of tax avoidance in the transfer of wealth. The Supreme Court's opinion in Dickman v. Commissioner subjected both demand and term loans in an intrafamilial setting to the federal gift tax. Congress, while subjecting all below market loans to either income or gift tax, applied different valuation formulas to term and demand loans and, in so doing, favored the use of demand loans as a salary substitute. This Article analyzes the current status of below market loans by examining their use in …

The Regulation Of Attorney Escrow Accounts ... Boon Or Overkill?, William I. Weston

University of Baltimore Law Forum

No abstract provided.

Environmental Benefits Of Tax Reform, Brent Blackwelder

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum Volume 18 Number 1 (Fall 1987) Front Matter

University of Baltimore Law Forum

No abstract provided.

The Grand Jury - An Indictment, Richard P. Gilbert

University of Baltimore Law Forum

No abstract provided.

Choosing The Appropriate State Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia: A Theory Applied To Maryland Law, Stephen J. Shapiro

University of Baltimore Law Review

Forty-two U.S.C. section 1983 provides individuals with a federal cause of action for violations of their constitutional rights by persons acting under color of state law. The statute itself contains no limitations period for the filing of suits and, in keeping with settled federal practice, the lower federal courts have looked to state law to determine the proper limitations period. Because the lower courts adopted various inconsistent approaches to determining the appropriate state limitations period, the Supreme Court, in Wilson v. Garcia, held in 1985 that the federal courts should adopt the state limitations period for personal injury actions. In …

The Uncertain Scope Of The Plain View Doctrine, Howard E. Wallin

University of Baltimore Law Review

In recent years the Supreme Court has expanded the plain view exception to the warrant requirement by relaxing the prior valid intrusion and the inadvertency requirements. This article examines the resulting confusion in the state courts and identifies areas where judicial clarification is needed.

Comments: Regulation Of Financial Planners, Gary S. Kull

University of Baltimore Law Review

In the last ten years, financial planning has grown from a business practiced by a small number of persons into a large and sophisticated industry. This expansion has come as a result of recent changes and developments in the financial services industry, including increases in the availablility of financial products and services. The substantial increase in the number of individuals engaged in financial planning has not been accompanied by the creation of a corresponding system of financial planner regulation. This situation has led the federal government, certain state governments, and several securities and financial planner associations to consider regulating the …

Casenotes: Statute Of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute Of Repose On Medical Malpractice Claims That Commences When An Injury Occurs Is Constitutional. Hill V. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review Volume 17 Number 1 (Fall 1987) Front Matter

University of Baltimore Law Review

No abstract provided.

Maryland's Statutory Hearsay Exception For Reliable Statements By Alleged Child Abuse Victims: A Hesitant Step Forward, Lynn Mclain

University of Baltimore Law Review

The Maryland General Assembly recently passed legislation, effective July 1, 1988, which grants a trial court the opportunity to allow a physician, psychologist, social worker, or teacher to testify to an out-of-court statement made by an alleged child abuse victim if the court finds that the circumstances in which the statement was made exhibit sufficient particularized guarantees of reliability. This article discusses the need for such an exception to the rule precluding admission of hearsay for statements made by alleged victims of child abuse, exposes the inadequacies of pre-existing exceptions, addresses the constitutional considerations raised by admission of such hearsay …

The Copyright Clause: "A Charter For A Living People", Ralph Oman

University of Baltimore Law Review

Mr. Oman has chosen the 200th anniversary of the adoption of the Constitution to deliver the following paean to the copyright clause.