Law Commons^™

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo …

Ub Viewpoint – Dissolving The Shadows, Eric Easton

All Faculty Scholarship

No abstract provided.

The War On Terrorism And The Constitution, Michael I. Meyerson

All Faculty Scholarship

Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …

Proposal To Reform The Like Kind And Involuntary Conversion Rules In Light Of Fundamental Tax Policies: A Simpler, More Rational, And More Unified Approach, Fred B. Brown

All Faculty Scholarship

Almost from the beginning of the federal income tax, the law has contained two nonrecognition provisions that have undergone relatively little change: the like kind rule and the involuntary conversion rule. Commentators have questioned the policy grounds for the like kind rule in general, and for some of its particular features, such as the exchange requirement. Congress and its staffers have also noted the complexity caused by certain aspects of the rule and have enacted or proposed remedial changes in this regard. The involuntary conversion rule also contributes to the complexity of the tax system given the fact-intensive analysis that …

A Test For Competition, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Law Schools Explore Three-Semester Writing Programs, Eric Easton

All Faculty Scholarship

No abstract provided.

An Introduction To The Rules Of Evidence Applicable To Collection Cases In Maryland Trial Courts, Lynn Mclain

All Faculty Scholarship

This class handout introduces students to the basic concepts of evidence using examples and language from the Maryland Rules of Evidence.

Collusion Over Rules, Robert H. Lande, Howard P. Marvel

All Faculty Scholarship

Many instances of anticompetitive collusion are designed not to affect prices and output directly, but rather to shape the rules under which competition takes place. They help to cushion competitors from hard competition through such "rules" as restraints on advertising, sham ethical codes, or bans on discounts, coupons, "free" services, or extended hours of operation. Instead of collusion directly over outcomes, firms attuned to the strategic impact of their activities often agree on ways in which to shape their environments in order to soften competition and to insulate themselves from hard competition in ways that will lead to higher prices. …

The Rules Of Evidence Applicable In Maryland Trial Courts, Lynn Mclain

All Faculty Scholarship

No abstract provided.

"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman

All Faculty Scholarship

Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …

After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes

All Faculty Scholarship

Is the National Labor Relations Board (the NLRB or the Board), the agency that oversees federal labor law, still relevant? When this question is considered, as it frequently is by scholars, lawyers and officials of the NLRB itself, the focus typically is on whether changes in the workplace, the economy and society are diminishing the relevance of the Board. But there is a new and more immediate threat to the relevance of the Board that so far has been mostly ignored - that the Board is in danger of being rendered a superfluous legal institution in the scheme of American …

Giving A Voice To The Silent Mentally Ill Client: An Empirical Study Of The Role Of Counsel In The Civil Commitment Hearing, Donald H. Stone

All Faculty Scholarship

In the civil commitment arena, where a mentally ill person is allegedly a danger to the life or safety of themselves or of others and in need of in-patient care or treatment, there are two groups assigned to protect the people: one, the hospital presenter, who is responsible for investigating and presenting evidence and testimony at a hearing to secure admission to a psychiatric facility as an involuntary patient, the other, the lawyer, who represents and defends the allegedly mentally ill person from such involuntary civil commitment confinement. These are their stories.

The attorney representing a mentally ill client at …

Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer

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The author reviews Michael Glennon's Limits of Law, Prerogatives of Power: Interventionism After Kosovo, discussing Glennon's approach to NATO's 1999 bombing to stop the Milosevic regime's ethnic cleansing of Kosovo in the face of the UN Charter's absolute ban on states using force except in self-defense. Finding Glennon's study at once provocative and readable, the author emphasizes the strength of Glennon's core point - the inability for the Kosovo campaign to be reconciled with the UN charter - but points to the dangers of using one instance (Kosovo) to prove bad law.

Re: Commission's Request For Comments On The Use Of Disgorgement In Antitrust Matters, Robert H. Lande

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This is a submission to the FTC that discusses this agency's use of disgorgement as a remedy in Antitrust matters. It strongly supports the Commission's use of the disgorgement remedy, and gives reasons why the public interest would be enhanced if the agency used this remedy more often. This document was submitted on behalf of the American Antitrust Institute.

The Politics Of Voting Rights And The Legacy Of Baker V. Carr, José F. Anderson

All Faculty Scholarship

No abstract provided.

Losses Of Equal Value, Michael I. Meyerson

All Faculty Scholarship

No abstract provided.

Recent Developments: Toyota Motor Manufacturing, Ky., Inc. V. Williams: Americans With Disabilities Act Requires Individual To Be Substantially Limited In Completeing Daily Tasks To Receive Benefits, Brandy Carter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: United States V. Knights: Warrantless Search Of A Defendant, Authorized By A Condition Of Probation And Supported By Reasonable Suspicion, Satisfied Fourth Amendment Requirements, Kristen Hitchner

University of Baltimore Law Forum

No abstract provided.

Federal Firearms Prosecutions: A Primer, Phillip S. Jackson

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Accrued Financial Services, Inc. V. Prime Retail, Inc.: Schemes Of Barratry Violate Strong Public Policy And Are Void And Unenforceable In Maryland, Dawn L. Lyon

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Bd. Of Educ. Of Indep. Sch. Dist. No. 92 Of Pottawatomie County V. Earls: Mandatory, Suspicionless Drug Testing Of Public School Students Participating In Extracurricular Activities Is A Constitutionally Reasonable Intrusion That Furthers A Public School's Legitimate Interest In Deterring Drug Use, Jennifer Merrill

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Crane V. Scribner: Statutory Cap On Non-Damages Does Not Apply When Plaintiff's Last Asbestos Exposure Was Before Statute's Effective Date, Farrah L. Arnold

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Gray V. State: A Court Has Discretion To Allow A Witness Accused By The Defendant Of Committing The Crime To Invoke The Fifth Amendment In The Jury's Presence, Brenda N. Taylor

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Hud V. Rucker: Title 42 U.S.C. § 1437d(L)(6)'S Plain Language Of Lease Terms Affords Local Housing Authorities The Discretion To Evict Tenants For Drug-Related Activities Of Household Members Or Guests, Regardless Of Whether The Tenant Knew Of Such Activity, Mollie Shuman

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Long V. State: Courts Cannot Modify A Consent Order Without Giving The Parties An Opportunity To Be Heard Because To Do Otherwise Would Violate The Parties' Right To Due Process, Dawn A. Anderson

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Tyma V. Montgomery County: A County Ordinance Is Lawful In Extending Employment Benefits To Domestic Partners Of Its Employees, Purvi Patel

University of Baltimore Law Forum

No abstract provided.

The United States Of America And The International Criminal Court, Diane Marie Amann, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …

The Authority Of The International Court Of Justice, Mortimer N.S. Sellers

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Recently some lawyers and statesmen have begun to cite judgments of the International Court of Justice as if they were decisive evidence of the content of international law. This trend, if it continues, will tend to diminish the influence of international law on the actions of states and others, by arrogating the authoritative de- termination of the content of international law to a tribunal that was never intended to generate rules of universal application, is ill-equipped to do so, and ought not usually be viewed as having done so, except in very exceptional circumstances.

Introduction To Erasing Lines: Integrating The Law School Curriculum, Amy E. Sloan

All Faculty Scholarship

Our goal at this conference is to begin the process of erasing the often artificial lines that presently exist between "doctrinal" and "skills" courses, between education focused on the acquisition of knowledge and education focused on the practical application of that knowledge. The lines that have been drawn are more a matter of perception than reality. If we were to deconstruct the pedagogical goals in both of these types of courses, we would find that they have as many similarities as they have differences.