Law Commons^™

The Evolution Of United States Antitrust Law: The Past, Present, And (Possible) Future, Albert A. Foer, Robert H. Lande

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As the world’s nations rapidly move from systems in which central planning and monopoly are replaced by free markets,2 it becomes increasingly valuable to consider the histories of competition policy experienced in different nations, on a comparative basis.3 In this article, we focus on the history of antitrust in the United States, the first nation to develop and fully-articulate a competition policy, drawing out themes that may be useful to other countries as they contemplate the shape and direction of their own competition regimes. We show that the American competition policy has reflected an underlying stability and bi-partisanship, but that …

Government As God: An Update On Federal Intervention In The Treatment Of Critically Ill Newborns, Dionne L. Koller

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Whether a severely impaired or critically ill infant should receive lifesaving, and sometimes extraordinary, medical treatment, or be allowed to die, is hotly debated. The issue initially garnered public attention in 1982, when an infant who was born with Down's Syndrome, “Baby Doe,” was allowed to die from a correctable birth defect. Following this, the federal government took a lead role in determining the fate of critically ill newborns. In the meantime, doctors, philosophers, and others have debated whether federal interference in this area is appropriate.

This essay will bring the reader up to date on the “Baby Doe” issue …

The Benefits Of Voluntary Inpatient Psychiatric Hospitalization: Myth Or Reality?, Donald H. Stone

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Throughout the United States, mentally ill persons are confined against their will in psychiatric hospitals as a result of being accused of dangerous behavior. Some are committed involuntarily by a judge after an administrative hearing during which they are afforded legal representation, a right to be present, and important due process protections, including the right to cross-examine witnesses and present one's own witnesses. However, a significant number of individuals, initially confined in psychiatric institutions for allegedly posing a danger to life or safety, never see an impartial judge, lawyer, or even a family member. These mentally ill individuals are not …

Feminist Foundations For The Law Of Business: One Law And Economics Scholar's Survey And (Re)View, Barbara Ann White

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The purpose of this Essay is to suggest frameworks and modes of inquiry for applying feminist legal analysis to business law and the related theory of law and economics. It does so in two ways. One is to assess works already written by feminist scholars in the business law arena, highlighting how those contributions have begun to pave the way towards enriching the scope of business law analysis. The other is to offer two new roles for feminist jurisprudence. One role is to define just (that is, fair) distributions of rights and the other role is to define social judgments …

Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius

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This article first describes the existing system of state statutes regulating sports agents, including the proposed Model Uniform Athlete Agents Act. The article then examines the validity of these statutes in the context of jurisdictional limitations and dormant Commerce Clause principles. Lastly, federal regulation and the rules of professional sports unions are considered as alternatives to state legislative activity.

Slouching Towards Equality, Christopher J. Peters

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Drawing on his work in two previous articles, Christopher Peters contends that uncertainty about substantive moral norms cannot justify a presumption of equal treatment. Arguments for equal treatment in the face of uncertainty are types of consequentialist claims; they are not claims of what Peters calls prescriptive equality, that is, for treating likes alike merely because they are alike. Peters contends that the consequentialist case for equal treatment as a response to uncertainty fails in two respects. First, it fails to demonstrate that equal treatment is likely to be a more satisfactory response to moral uncertainty than unequal treatment. Second, …

The Demonization Of Jonathan Pollard, Kenneth Lasson

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This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.

Constructions Of Client Competence And Theories Of Practice, Robert Rubinson

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An entrenched stereotype about the elderly is that they inevitably experience a progressive decline in cognitive function - what the Article calls the "idea of decrement." The vast majority of elderly, however, do not experience declining competence for most or all of their lives. Nevertheless, attorneys interpret much of what elderly clients say and do as the product of cognitive impairment, and sometimes even the elderly themselves construct stories about the world and their circumstances in line with the idea of decrement. These attitudes and social constructions, interacting in complex ways, can distort the ability of attorneys to represent elderly …

Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande

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Sometimes an entire field goes astray. When its dominant members make a major mistake, an opportunity arises for someone to say, "The emperor has no clothes." This is what happened to the antitrust world during much of the 1970s and 1980s. These circumstances gave me the opening and motivation to write the article that appeared in the Hastings Law Journal in 1982 (Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged, hereafter Wealth Transfers).

Race, Space And Place: The Geography Of Economic Development, Audrey Mcfarlane

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This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century. By explicating some of the unwritten rules and processes of economic development …

Drum Majors For Justice, F. Michael Higginbotham, José F. Anderson

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Many lawyers worked with the legendary Thurgood Marshall to overturn the Supreme Court's infamous separate but equal doctrine, which had permitted racial segregation in schools and public accommodations. But while most Marylanders are aware of Marshall's contribution, few recognize the name of his colleague, William I. Gosnell.

At that time, Gosnell was one of only 32 black lawyers in the state of Maryland. In fact, due to the state's racial segregation policy, both he and Marshall had received scholarships to attend out- of-state law schools. They were denied entry to the University of Maryland because of their skin color. While …

Pollard Treated Unfairly, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Justice And Jonathan Pollard, Angelo Codevilla, Irwin Cotler, Alan Dershowitz, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

University Of Baltimore Law Forum Volume 29 Number 2 (Spring 1999) Front Matter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Beynon V. Montgomery Cablevision Ltd.: Accident Victim's Estate May Recover Damages For Pre-Impact Fright If A Jury Is Capable Of Making An Objective Determination That The Victim Experienced Anguish And Distress Before Impending Death, Catherine Bowers

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Boswell V. Boswell: Parent's Visitation Shall Not Be Restricted Solely Due To A Relationship With A Non-Marital Partner, Richard Dirk Selland

University of Baltimore Law Forum

No abstract provided.

Recent Developments: County Of Sacramento V. Lewis: A Suspect's Substantive Due Process Right Is Not Violated When Police Action, Aimed At Apprehending A Suspected Offender, With No Intent To Harm Or Legally Worsen Suspect's Situation, Causes Death, Bryon S. Bereano

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Dupree V. State: The Prosecution May Not Impeach A Defendant With Evidence Of The Defendant's Silence Following Advisement Of Miranda Rights, Anne Bodnar

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Hopkins V. State: In-Court Voice Exemplar Given For Non-Testimonial Purposes May Be Admissible Where The Exemplar Is Relevant And Reliable, Joseph H. D. Solomon

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Somuah V. Flachs: A Client Has Cause To Discharge An Attorney When The Client Has Any Good Faith Basis For Being Dissatisfied With The Attorney, Even Though The Attorney Had Performed Competently, Kofi Asamoah

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Taylor V. State: A Conviction Following A Violation Of A Defendant's Right To Be Present During Jury Communication Will Be Reversed Unless The Record Demonstrates A Lack Of Prejudice To The Defendant, Martha Arango

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 434: Estates & Trusts - Lien For Payment Of Inheritance Tax, Bryon S. Bereano

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 758: Estates & Trusts - Guardianship Of Property Of Minor Or Disabled Person - Power Of Circuit Court, Adam Cizek

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 759: Estates & Trusts - Conversion Of Sole Proprietorships To Limited Liability Companies By Personal Representatives And Fiduciaries, Walter W. Green

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 388: Family Law - Marriage Of Certain Minors, Anne Bodnar

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 139: Patient Protection Act, Cheryl F. Matricciani

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 751: Cigarette Restitution Fund, Brent Bolea

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 1: Ethics Law - Reform Of Legislative Ethics Process, Bret Frankovich

University of Baltimore Law Forum

No abstract provided.

Setting Limits On Spousal Privileges In Maryland's Federal Courts: The Virtues And Vices Of Bright-Line Rules, Eric H. Singer

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Bentley V. Carroll: Jury Instructions Stating That Statutory Violations Are Evidence Of Negligence Are Permissible, George Mahaffey Jr.

University of Baltimore Law Forum

No abstract provided.