Law Commons^™

Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Reconnecting Property Rights To Watersheds, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Statement Of Harvey K. Morrell, University Of Baltimore Law Library, In Opposition To The Maryland Uniform Computer Information Transfer Act, Harvey K. Morrell

All Faculty Scholarship

Testimony in opposition to the Maryland Uniform Computer Information Transfer Act, House Bill 19, Senate Bill 142, 2000.

Banning The Clone, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene

All Faculty Scholarship

The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …

Biology For Feminists, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

A Contested Ascendancy: Problems With Personal Managers Acting As Producers, William A. Birdthistle

All Faculty Scholarship

No abstract provided.

Natural Rights And The Second Amendment, Steven J. Heyman

All Faculty Scholarship

No abstract provided.

Federal Agency Ombuds: The Costs, Benefit And Countenance Of Confidentiality, Harold J. Krent

All Faculty Scholarship

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Publish Or Perish, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

All Faculty Scholarship

At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …

The Elements Of International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane

All Faculty Scholarship

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.

What Law Schools Are Doing To Accommodate Students With Learning Disabilities, Donald H. Stone

All Faculty Scholarship

The year 2000 marks the tenth anniversary of the 1990 passage of the Americans with Disabilities Act (“ADA”). It also marks a quarter century since the passage of the Education for All Handicapped Children Act (“EAHCA”). The EAHCA opened the doors for disabled children to receive a free and appropriate education. As a result of this special education law, many disabled young people were able to succeed and are now knocking at law schools' doors seeking admission.

On July 26, 1990, Congress enacted the ADA, a landmark civil rights bill designed to open up all aspects of American life to …

Humanitarian Intervention At A Crossroads, Bartram Brown

All Faculty Scholarship

No abstract provided.

Damages Mitigation Doctrine In The Statutory Anti-Discrimination Context: Mitigating Its Negative Impact, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

All Faculty Scholarship

No abstract provided.

A New Copyright Order: Why National Courts Should Create Global Norms, Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.

(National) Trademark Laws And The (Non-National) Domain Name System, Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.

The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.

Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario

All Faculty Scholarship

An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.

Another Attack On The Fast Track, Constance Z. Wagner

All Faculty Scholarship

Although the Congressional fight over the North American Free Trade Agreement (NAFTA) may have ended when the NAFTA Implementation Act passed by a narrow margin, the controversy surrounding NAFTA has not. In Made in the USA Foundation v. United States, the United Steel Workers of American and others asserted that NAFTA was void because it had been approved as a congressional-executive agreement when it should have been approved as a treaty under Article II, Clause 2 of the U.S. constitution. The author discusses the constitutional law issue raised by the lawsuit, namely the validity of the long-standing U.S. practice of …

Grassroots Consensus Building And Collaborative Planning, Peter W. Salsich

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The neighborhood collaborative planning movement has an important role to play in efforts to remake American cities. This article begins by defining neighborhood collaborative planning which centers around the importance of resident participation in decisions affecting their community. The article explains how neighborhood collaborative planning is a useful way for residents to take part in governmental decision making, particularly in large cities where distance and complexity of the governmental process may make it difficult for ordinary citizens to participate. Next, it outlines the roles that lawyers and community organizer serve under the two strategies used to foster neighborhood collaborative planning, …

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

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This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

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New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in 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/or 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 decisions …

When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson

All Faculty Scholarship

Since the return of capital punishment after Furman v. Georgia nearly three decades ago, the Supreme Court of the United States has struggled to control the administration of capital punishment when those decisions are made or recommended by a citizen jury. Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have …