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Articles 1 - 30 of 31
Full-Text Articles in Law
The New Territorialism In The Not-So-New Frontier Of Cyberspace, William L. Reynolds, Juliet M. Moringiello
The New Territorialism In The Not-So-New Frontier Of Cyberspace, William L. Reynolds, Juliet M. Moringiello
William L. Reynolds
This Essay addresses the following questions: What jurisdictions should govern cyberspace problems? Are cyberspace problems different from those in the tangible world? If so, what are the implications for governance? We conclude that the judicial response to cyberspace governance has been mostly correct. After some adaptation problems (an early learning curve), courts have generally followed common law analogs to cyberspace problems. In other words, those problems are not treated as unique unless there is something special about the internet that suggests different resolutions are needed. There certainly is nothing to suggest that American courts or legislatures are trying to occupy …
The Supreme Court, Cafa, And Parens Patriae Actions: Will It Be Principles Or Biases?, Donald G. Gifford, William L. Reynolds
The Supreme Court, Cafa, And Parens Patriae Actions: Will It Be Principles Or Biases?, Donald G. Gifford, William L. Reynolds
William L. Reynolds
The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether the defendant-manufacturers can remove an action brought by a state attorney general suing as parens patriae to federal court. Beginning with their actions against tobacco manufacturers in the mid-1990s, state …
The Life And Times Of Chief Judge Robert Bell, William L. Reynolds
The Life And Times Of Chief Judge Robert Bell, William L. Reynolds
William L. Reynolds
No abstract provided.
Tributes To Professor Bernard Auerbach, William L. Reynolds, John Brumbaugh, Melvin J. Sykes
Tributes To Professor Bernard Auerbach, William L. Reynolds, John Brumbaugh, Melvin J. Sykes
William L. Reynolds
No abstract provided.
Luther Martin, Maryland And The Constitution , William L. Reynolds Ii
Luther Martin, Maryland And The Constitution , William L. Reynolds Ii
William L. Reynolds
No abstract provided.
A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth , Donald G. Gifford, William L. Reynolds, Andrew M. Murad
A Case Study In The Superiority Of The Purposive Approach To Statutory Interpretation: Bruesewitz V. Wyeth , Donald G. Gifford, William L. Reynolds, Andrew M. Murad
William L. Reynolds
This Article uses the Supreme Court’s 2011 decision in Bruesewitz v. Wyeth to examine the textualist or “plain meaning” approach to statutory interpretation. For more than a quarter-century, Justice Scalia has successfully promoted textualism, usually associated with conservatism, among his colleagues. In Bruesewitz, Scalia, writing for the majority, and his liberal colleague Justice Sotomayer, in dissent, both employed textualism to determine if the plaintiffs, whose child was allegedly harmed by a vaccine, could pursue common-law tort claims or whether their remedies were limited to those available under the no-fault compensation system established by the National Childhood Vaccine Injury Act. Despite …
Attendee Discussion: Changes In Medium And Small Law Firms (Including Solo Practices), And The Issues These Changes Raise, Gillian Hadfield, Jeanne Charn, William Hornsby, Ward Coe, Iii, William Reynolds
Attendee Discussion: Changes In Medium And Small Law Firms (Including Solo Practices), And The Issues These Changes Raise, Gillian Hadfield, Jeanne Charn, William Hornsby, Ward Coe, Iii, William Reynolds
William L. Reynolds
William Hornsby: Lawyering for Personal Legal Services - a Work in Progress Synopsis From the mid-1800s to the mid-1900s, law firm structures did not change substantially. The practice of Abraham Lincoln did not look much different than that portrayed by Perry Mason on television in the 1960s. Over the past 50 years, however, a series of dynamics have led to substantial changes in the ways that lawyers find and serve people with personal legal needs. The consumer movement of the 1960s and ‘70s resulted in dramatic practice management changes that were stimulated by the emergence of law firm clinics. The …
The Supreme Court Rules For The Reporting Of Opinions: A Critique, William M. Richman, William L. Reynolds
The Supreme Court Rules For The Reporting Of Opinions: A Critique, William M. Richman, William L. Reynolds
William L. Reynolds
No abstract provided.
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
William L. Reynolds
No abstract provided.
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
William L. Reynolds
No abstract provided.
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
William L. Reynolds
No abstract provided.
Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller
Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller
William L. Reynolds
No abstract provided.
Prologomenon To An Empirical Restatement Of Conflicts, William Richman, William Reynolds
Prologomenon To An Empirical Restatement Of Conflicts, William Richman, William Reynolds
William L. Reynolds
No abstract provided.
Back To The Future In Law Schools, William Reynolds
Back To The Future In Law Schools, William Reynolds
William L. Reynolds
This paper first argues for the maintenance of the traditional first-year curriculum. It does so in the context of an examination of what most lawyers do in practice and, therefore, what most lawyers should know. This portion includes a defense of the Socratic Method. The paper then addresses contemporary concerns about legal education, including the devaluation of courses in the private law curriculum, and considers why legal academics are not interested in private law.
What's Software Got To Do With It? The Ali Principles Of The Law Of Software Contracting, Juliet M. Moringiello, William L. Reynolds
What's Software Got To Do With It? The Ali Principles Of The Law Of Software Contracting, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of Software Contracts (“Principles”). The attempt to codify, or at least unify, the law of software contracts has a long and contentious history, the roots of which can be found in the attempt to add an Article 2B to the Uniform Commercial Code (“UCC”) in the mid-1990s. Article 2B became the Uniform Computer Information Transactions Act (“UCITA”) when the ALI withdrew from the project in 1999, and UCITA became the law in only two states, Virginia and Maryland. UCITA became a dirty word, with several states …
Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
No abstract provided.
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
No abstract provided.
Understanding Conflict Of Laws, William Richman, William Reynolds
Understanding Conflict Of Laws, William Richman, William Reynolds
William L. Reynolds
This Understanding treatise provides authoritative and comprehensive explanations of major theories and leading cases covered in Conflict of Laws courses. A family law chapter includes substantial new material on federal legislative responses to the serious problem of child support enforcement. Understanding Conflict of Laws also includes a new section on cyberspace jurisdiction.
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
William L. Reynolds
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part Ii: Craftsmanship And Decision-Making, William L. Reynolds
William L. Reynolds
No abstract provided.
The Iron Law Of Full Faith And Credit, William L. Reynolds
The Iron Law Of Full Faith And Credit, William L. Reynolds
William L. Reynolds
No abstract provided.
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
William L. Reynolds
The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …
Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen
Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen
William L. Reynolds
Tributes to Professor Andrew King upon his retirement from the University of Maryland School of Law.
A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds
A Dissent On Joint Custody, Jana B. Singer, William L. Reynolds
William L. Reynolds
No abstract provided.
Luther Martin, Maryland And The Constitution, William L. Reynolds
Luther Martin, Maryland And The Constitution, William L. Reynolds
William L. Reynolds
Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet Moringiello, William Reynolds
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet Moringiello, William Reynolds
William L. Reynolds
In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed …
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
William L. Reynolds
No abstract provided.