Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Baltimore Law Review

1973

Articles 1 - 30 of 34

Full-Text Articles in Law

University Of Baltimore Law Review Volume 2 Number 2 (Spring 1973) Front Matter Jan 1973

University Of Baltimore Law Review Volume 2 Number 2 (Spring 1973) Front Matter

University of Baltimore Law Review

No abstract provided.


Recent Developments: Constitutional Law—Equal Protection Clause—Sunday Blue Laws Held Constitutional. Giant Of Maryland V. State's Attorney For Prince George's County, _ Md. _, 298 A. 2d 427 (1973), Steven H. Oram Jan 1973

Recent Developments: Constitutional Law—Equal Protection Clause—Sunday Blue Laws Held Constitutional. Giant Of Maryland V. State's Attorney For Prince George's County, _ Md. _, 298 A. 2d 427 (1973), Steven H. Oram

University of Baltimore Law Review

No abstract provided.


Book Reviews: Trusts And Trustees, Cases And Materials, Harold D. Cunningham Jr. Jan 1973

Book Reviews: Trusts And Trustees, Cases And Materials, Harold D. Cunningham Jr.

University of Baltimore Law Review

No abstract provided.


Book Reviews: How To Prove Damages In Wrongful Personal Injury And Death Cases, Eugene J. Davidson Jan 1973

Book Reviews: How To Prove Damages In Wrongful Personal Injury And Death Cases, Eugene J. Davidson

University of Baltimore Law Review

No abstract provided.


Recent Developments: Criminal Law—Search And Seizure—Information From Unnamed Informant Held To Be Reliable Without Any Demonstration Of The Informant's Inherent Credibility. Thompson V. State, 16 Md. App. 560, 298 A.2d 458 (1973), Steven Aaron Allen Jan 1973

Recent Developments: Criminal Law—Search And Seizure—Information From Unnamed Informant Held To Be Reliable Without Any Demonstration Of The Informant's Inherent Credibility. Thompson V. State, 16 Md. App. 560, 298 A.2d 458 (1973), Steven Aaron Allen

University of Baltimore Law Review

No abstract provided.


Book Reviews: Impeachment: The Constitutional Problems, Hall Hammond Jan 1973

Book Reviews: Impeachment: The Constitutional Problems, Hall Hammond

University of Baltimore Law Review

No abstract provided.


Book Reviews: Mediation And The Dynamics Of Collective Bargaining, A. Samuel Cook Jan 1973

Book Reviews: Mediation And The Dynamics Of Collective Bargaining, A. Samuel Cook

University of Baltimore Law Review

No abstract provided.


Notes And Comments: The Maryland Sheriff V. Modern And Efficient Administration Of Justice, Jonathan W. Acton Ii Jan 1973

Notes And Comments: The Maryland Sheriff V. Modern And Efficient Administration Of Justice, Jonathan W. Acton Ii

University of Baltimore Law Review

In Maryland, as in other common law states, the office of sheriff has undergone a decline in importance without a corresponding reduction in power. This discrepancy is best exemplified in those metropolitan areas where separate police forces exercise independent and concurrent statutory duties.


Notes And Comments: Covenants Of Habitability In Short Term Leases, Samuel B. Dolcimascolo Jan 1973

Notes And Comments: Covenants Of Habitability In Short Term Leases, Samuel B. Dolcimascolo

University of Baltimore Law Review

Covenants of habitability are not new to leases of short duration, but their acceptance has not yet been universally recognized. The author suggests that such covenants are both desirable and necessary.


Interpreting The Occupational Safety And Health Act Of 1970: Some Early Principles And Commentaries, Robert D. Moran Jan 1973

Interpreting The Occupational Safety And Health Act Of 1970: Some Early Principles And Commentaries, Robert D. Moran

University of Baltimore Law Review

Commissioner Moran expounds upon several early interpretations of the provisions of the Occupational Safety and Health Act of 1970 concerning the definition of what constitutes a "recognized hazard" under the General Duty Clause of the Act, the responsibility of employers for the unsafe acts of their employees, the establishment of what constitutes a "reasonable time" between an inspection and the issuance of a citation, the appropriateness of penalties, and the extent to which stipulations should be accepted by the Commission. He suggests that, while the Act is undergoing growing pains, several of its more important sections have been sufficiently …


New Balance In The Rights Of Creditors And Debtors: The Effect On Maryland Law, Charles M. Tatelbaum Jan 1973

New Balance In The Rights Of Creditors And Debtors: The Effect On Maryland Law, Charles M. Tatelbaum

University of Baltimore Law Review

The author analyzes the basis of recent decisions which have held state procedures for prejudgment attachment and replevin unconstitutional. He considers the effect of these decisions, which establish a new balance in the rights of debtors and creditors, on Maryland provisional creditors' remedies. His conclusion is that, although the Maryland procedure for attachments on original process will probably survive attack, the procedures for replevin and distress will not.


Recent Developments: Professional Responsibility—Ethical Duty Of Counsel Who Believes Client's Witnesses Will Commit Perjury. State V. Mahoney, 16 Md. App. 193, 294 A.2d 471 (1972), Richard S. Miller Jan 1973

Recent Developments: Professional Responsibility—Ethical Duty Of Counsel Who Believes Client's Witnesses Will Commit Perjury. State V. Mahoney, 16 Md. App. 193, 294 A.2d 471 (1972), Richard S. Miller

University of Baltimore Law Review

No abstract provided.


Treatment Alternatives To Non-Incarceration For Drug-Abusing Defendants, Paul L. Perito, Robert G. Pinco, William A. Duerk Jan 1973

Treatment Alternatives To Non-Incarceration For Drug-Abusing Defendants, Paul L. Perito, Robert G. Pinco, William A. Duerk

University of Baltimore Law Review

The burden on criminal justice systems which has accompanied the increased use of narcotic and other dangerous drugs in our society has forced responsible members from both law enforcement agencies and the medical community to join together in developing new programs within the criminal justice structure to deal with the drug phenomenon. In this article, the authors discuss some of these varied program alternatives and suggest additions which can be utilized to reduce both the criminal activity and the drug-abusing habits of persons who come in contact with criminal justice systems.


Recent Developments: Domestic Relations—Effect Of Equal Rights Amendment On Child Custody Decisions. Md. Const., Declaration Of Rights Art. 46. Jan 1973

Recent Developments: Domestic Relations—Effect Of Equal Rights Amendment On Child Custody Decisions. Md. Const., Declaration Of Rights Art. 46.

University of Baltimore Law Review

No abstract provided.


Book Reviews: Attica—My Story, H. Mebane Turner Jan 1973

Book Reviews: Attica—My Story, H. Mebane Turner

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review Volume 3 Number 1 (Fall 1973) Front Matter Jan 1973

University Of Baltimore Law Review Volume 3 Number 1 (Fall 1973) Front Matter

University of Baltimore Law Review

No abstract provided.


Book Reviews: A Guide To Securities And Exchange Commission Rule 144, Ronald M. Shapiro Jan 1973

Book Reviews: A Guide To Securities And Exchange Commission Rule 144, Ronald M. Shapiro

University of Baltimore Law Review

No abstract provided.


Notes And Comments: Third Party Beneficiaries Of Warranties In Maryland, Allen J. Katz Jan 1973

Notes And Comments: Third Party Beneficiaries Of Warranties In Maryland, Allen J. Katz

University of Baltimore Law Review

The Maryland Legislature in 1969 provided for increased consumer protection for third party beneficiaries of warranties. This comment explores the effectiveness of that legislation and concludes that it is sufficient if the courts apply it liberally. If the courts cannot use the present law effectively, suggested legislative alternatives are presented.


Recent Developments: Uniform Commercial Code—Disposition Of Collateral By Secured Party Following Default Repossession. Harris V. Bower, 266 Md. 579, 295 A.2d 870 (1972), Jon W. Brassel Jan 1973

Recent Developments: Uniform Commercial Code—Disposition Of Collateral By Secured Party Following Default Repossession. Harris V. Bower, 266 Md. 579, 295 A.2d 870 (1972), Jon W. Brassel

University of Baltimore Law Review

No abstract provided.


Check List And Basic Guide To The Administration Of Decedents' Estates Under New Article 93, Revised To July 1, 1973, Together With A Summary Of Pertinent 1973 Session Laws Of The General Assembly Of Maryland And An Appendix Of Forms, James G. Mccabe Jan 1973

Check List And Basic Guide To The Administration Of Decedents' Estates Under New Article 93, Revised To July 1, 1973, Together With A Summary Of Pertinent 1973 Session Laws Of The General Assembly Of Maryland And An Appendix Of Forms, James G. Mccabe

University of Baltimore Law Review

In 1969, the Maryland General Assembly enacted a new testamentary Law for the state which is, in effect, a modified version qf the Uniform Probate Code and is now codified as Article 93 of the Maryland Annotated Code. Generally acclaimed as one of the most significant acts of legislation in recent Maryland history, the new Article 93 reflects an accommodation of a few radical changes within the time honored body of estate law. Certain probate procedures, in particular, have undergone significant revision. The following Check List and Basic Guide to the Administration of Decedents' Estates represents one institution's efforts at …


Notes And Comments: The Reinstatement Rights Of Economic Strikers: Laidlaw Five Years After, Michael D. Nossaman Jan 1973

Notes And Comments: The Reinstatement Rights Of Economic Strikers: Laidlaw Five Years After, Michael D. Nossaman

University of Baltimore Law Review

In this comment the author discusses the effect of the Laidlaw doctrine upon an economic striker's right to reinstatement. The author traces the historical development of the doctrine and addresses the four principal issues surrounding it: the duration of the right to reinstatement; the limitation of the right by agreement; the doctrine of substantially equivalent employment; and the so-called "business justification" rule.


Book Reviews: Briefing And Arguing Federal Appeals, Paul Mark Sandler Jan 1973

Book Reviews: Briefing And Arguing Federal Appeals, Paul Mark Sandler

University of Baltimore Law Review

No abstract provided.


Recent Developments: Federal Taxation—Taxpayer Held To Have Beneficial Interest And To Qualify For Depreciation Deduction Where He Made Little Investment And Incurred No Liability As Majority Shareholder Of A Corporation And Transferee Subsequent To Purchase—Lease Back And Mortgage Agreements. Bolger V. Commissioner, 59 T.C. 760 (1973), Herbert R. O'Conor Iii Jan 1973

Recent Developments: Federal Taxation—Taxpayer Held To Have Beneficial Interest And To Qualify For Depreciation Deduction Where He Made Little Investment And Incurred No Liability As Majority Shareholder Of A Corporation And Transferee Subsequent To Purchase—Lease Back And Mortgage Agreements. Bolger V. Commissioner, 59 T.C. 760 (1973), Herbert R. O'Conor Iii

University of Baltimore Law Review

No abstract provided.


Current Publications Jan 1973

Current Publications

University of Baltimore Law Review

No abstract provided.


The Maryland County Property Tax—A Need For Reform, Benjamin L. Cardin, Robert A. Rombro Jan 1973

The Maryland County Property Tax—A Need For Reform, Benjamin L. Cardin, Robert A. Rombro

University of Baltimore Law Review

A careful examination of the local real property tax in Maryland suggests the need for reform in both the structure and application of the tax in order to satisfy the constitutional requirements of equality and uniformity. The authors first discuss the regressive nature of the present property tax scheme, as it affects both taxpayers within an individual county and taxpayers among the different counties, and then discuss current trends which may effectively work toward equalization of the county real property tax.


Notes And Comments: Strict Liability And Possession Of Contraband: The Maryland Approach, Ronald R. Jewell Jan 1973

Notes And Comments: Strict Liability And Possession Of Contraband: The Maryland Approach, Ronald R. Jewell

University of Baltimore Law Review

The author examines the purpose of and the limitations on imposing strict liability for conduct deemed injurious to the public. He considers the applicability of strict liability to the unlawful possession of contraband and the importance of knowledge as an element of possession. After comparing the positions of the majority of jurisdictions and that taken by Maryland, the author concludes that the Maryland position is neither consistent nor justified.


Recent Developments: Torts—Punitive Damages—Allowed In Maryland For Wanton Disregard Of Human Life. Smith V. Gray Concrete Pipe Co., Inc., 267 Md. 149, 297 A.2d 721 (1972), Lawrence D. O'Neill Jan 1973

Recent Developments: Torts—Punitive Damages—Allowed In Maryland For Wanton Disregard Of Human Life. Smith V. Gray Concrete Pipe Co., Inc., 267 Md. 149, 297 A.2d 721 (1972), Lawrence D. O'Neill

University of Baltimore Law Review

No abstract provided.


Recent Developments: Zoning — Zoning Legislation For Solely Aesthetic Purposes Held Not Within The Police Powers Of The State With Certain Specified Exceptions. Mayor And City Council Of Baltimore V. Mano Swartz, 268 Md. 79, 299 A.2d 828 (1973), Ronald Carroll Jan 1973

Recent Developments: Zoning — Zoning Legislation For Solely Aesthetic Purposes Held Not Within The Police Powers Of The State With Certain Specified Exceptions. Mayor And City Council Of Baltimore V. Mano Swartz, 268 Md. 79, 299 A.2d 828 (1973), Ronald Carroll

University of Baltimore Law Review

No abstract provided.


Recent Developments: Criminal Law—Search And Seizure—Automobile Search On Police Lot Held Valid Due Exigent Circumstances. Skinner V. State, 16 Md. App. 116, 293 A.2d 828 (1972), Frederick S. Lipton Jan 1973

Recent Developments: Criminal Law—Search And Seizure—Automobile Search On Police Lot Held Valid Due Exigent Circumstances. Skinner V. State, 16 Md. App. 116, 293 A.2d 828 (1972), Frederick S. Lipton

University of Baltimore Law Review

No abstract provided.


Book Reviews: The Conscience Of A Lawyer, Eugene J. Davidson Jan 1973

Book Reviews: The Conscience Of A Lawyer, Eugene J. Davidson

University of Baltimore Law Review

No abstract provided.