Law Commons^™

Who Cares Whether A Monopoly Is Efficient? The Sherman Act Is Supposed To Ban Them All, Robert H. Lande

All Faculty Scholarship

Section 2 of the Sherman Act was designed to impose sanctions on all firms that monopolize or attempt to monopolize regardless whether the firm engaged in anticompetitive conductor, and regardless whether the firm is efficient. This conclusion emerges from a textualist analysis of the language of Section 2. This article briefly analyzes contemporaneous dictionaries, legal treatises, and cases, and demonstrates that when the Sherman Act was passed the word “monopolize” simply meant that someone had acquired a monopoly. The term was not limited to monopolies acquired through anticompetitive conduct or monopolies that were inefficient. An attempt to monopolize also had …

University Of Baltimore Law Forum, Volume 53, Issue 1 (Fall 2022)

University of Baltimore Law Forum

No abstract provided.

Comments Of American Economic Liberties Project On 2023 Draft Merger Guidelines, Robert H. Lande, Erik Peinert

All Faculty Scholarship

The American Economic Liberties Project (“Economic Liberties”) is a nonprofit research and advocacy organization dedicated to understanding and addressing the problem of concentrated economic power in the United States. We submit this comment with Professor Robert H. Lande, the Venable Professor of Law Emeritus at the University of Baltimore School of Law, in response to the Draft Merger Guidelines proposed by the Department of Justice Antitrust Division and the Federal Trade Commission (together, “the Agencies”). Economic Liberties and Professor Lande write together in support of the Agencies’ efforts to improve the Merger Guidelines, last updated in 2010, to match the …

Acorporation, Inc.: Corporate Form As Art Project And Advocacy, Chad Erpelding, Ruth Jebe, Jeff Lingwall

University of Baltimore Law Review

No abstract provided.

Reasonable For Whom? A Consideration Of The Appropriate Reasonableness Standard Where Battered Woman Syndrome Evidence Is Relevant To A Duress Defense, Samantha Stephey

University of Baltimore Law Review

No abstract provided.

Caring For Those Who Care For Us: A Call For Greater Legislative Protections For Foreign-Educated Nurses, Rebecca Odelius

University of Baltimore Law Review

No abstract provided.

To Hear Or Not To Hear?—Resolving A Federal Court’S Obligation To Hear A Case Involving Both Legal And Declaratory Judgment Claims, Katherine A. Gustafson

University of Baltimore Law Review

No abstract provided.

When Justice Depends On It: The Need For Professional Standards For Mitigation Development In All Criminal Cases, Elizabeth S. Vartkessian, Thea Posel, Anthony Ginez, Lela Hubbard

University of Baltimore Law Review

No abstract provided.

Geography As Due Process In Immigration Court, Valeria Gomez

All Faculty Scholarship

Using the procedural due process framework set forth by the Supreme Court in Mathews v. Eldridge, I argue that the current geographic distribution of immigration courts violates respondents’ rights to procedural due process by inhibiting their ability to appear, present evidence, and secure counsel. In so doing, I highlight the detrimental effects that geography has on remote communities, such as their ability to build pipelines towards access to counsel. Finally, I weigh and propose alternative solutions that balance the government’s interests in efficiency with the respondents’ interests in having a meaningful opportunity to avoid the harsh consequences of deportation.

University Of Baltimore Law Forum, Volume 53, Issue 2 (Spring 2023)

University of Baltimore Law Forum

No abstract provided.

To Ban Or Not To Ban: The Impact Of Exceptions In Maryland Firearms' Regulations On Legislative Intent, Robert J. Taylor

University of Baltimore Law Forum

No abstract provided.

Stuck In The Waiting Room: Why And How Maryland Should Close Healthcare Gaps That Leave Immigrant Women Behind, Erin Carrington Smith

University of Baltimore Law Forum

No abstract provided.

Cleaning Up Maryland: Utilizing Citizen Suits To Remedy Environmental Injustice And Attain Cleaner Water, Julia Rowland

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Aleti V. Metro. Balt., Llc, Dean Laponzina

University of Baltimore Law Forum

No abstract provided.

Turning Up The Heat On Public School Adminstrators: When Will Maryland Public Schools Finally Have Air Conditioning And Adequate Heating?, Leah Rowell

University of Baltimore Law Forum

No abstract provided.

Recent Developments: In Re T.K., Patricia Ziff

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Rainey V. State, Kaitlyn Lyons

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Smith V. State, Yakira Price

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Wadsworth V. Sharma, Autumn Reed

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Williams V. Dimensions Health Corp., Anastacia Topaltzas

University of Baltimore Law Forum

No abstract provided.

Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher

All Faculty Scholarship

This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …

An Unreasonable Presumption: The National Security/Foreign Affairs Nexus In Immigration Law, Anthony J. Demattee, Matthew Lindsay, Hallie Ludsin

All Faculty Scholarship

No abstract provided.

The Right To Migrate, Matthew J. Lindsay

All Faculty Scholarship

Since the late-19th century, the Supreme Court has insisted that the preservation of national sovereignty requires a constitutional chasm between immigration law and ordinary law. If the Court is to bridge that chasm, it must reimagine the long-standing premise of the federal immigration power that the presence of noncitizens in U.S. territory menaces the nation’s sovereignty and security. This Article contributes to that reimagining by chronicling a compelling alternative worldview with a venerable historical pedigree—that of a quintessentially American right to migrate.

During the Founding Era, American statesmen described the impoverished subjects of Europe’s monarchies as protagonists in an unfolding …

Menstrual Justice: A Human Rights Vision For Australia, Mike Armour, Dani Barrington, Helen Connolly, Beth Goldblatt, Elizabeth Hill, Danielle Howe, Margaret E. Johnson, Minnie King, Nina Lansbury, Meredith Nash, Linda Steele, Jane M. Ussher

All Faculty Scholarship

In the past year alone, news reports have shown how menstrual injustice is linked to gender inequality, a lack of economic opportunity, poor health outcomes, and human rights violations. Here is a small sampling of the unjust treatment of women and other people who menstruate: locked bathrooms at schools, inadequate supply of free period products, harmful menstruation-avoidance options for athletes, the human and economic costs of the lack of menstruation and menopause employment leave policies, and the mistreatment of people imprisoned who menstruate.

To improve women’s equality, we need menstrual justice. Menstrual justice is the achievement of dignity, liberty and …

A Butterfly In Covid: Structural Racism And Baltimore's Pretrial Legal System, Doug Colbert, Colin Starger

All Faculty Scholarship

Summer of 2020 represented a potentially pivotal moment in the movements against mass incarceration and for racial justice. The authors commenced a study of Baltimore’s pretrial legal system just as the convergence of the COVID-19 pandemic and urgent cries of Black Lives Matter appeared to present a once-in-a-generation opportunity for meaningful decarceration. Over forty-four weekdays in June and July, the team observed bail review hearings in 509 cases and collected extensive data from the arguments and recommendations offered by the pretrial agency and prosecuting and defense attorneys. Unfortunately, the hoped-for reform failed to materialize as judges held nearly 62% of …

University Of Baltimore Law Review, Volume 52, Issue 1, Fall 2022

University of Baltimore Law Review

No abstract provided.

The Effect Of Defendant Gender On Jurors’ Decision-Making, Yu Du

University of Baltimore Law Review

No abstract provided.

Finality, Fairness, And The Problem Of Innocence In Maryland, Michele Nethercott

University of Baltimore Law Review

No abstract provided.

Collateral Consequences Of An Incarcerated Beneficiary: Preserving Testamentary Intent And Protecting A Testator’S Estate From Falling Victim To A Beneficiary’S Unreasonable Criminal Justice Debt, Torra Hausmann

University of Baltimore Law Review

No abstract provided.

A Review Of Maryland’S Juvenile Justice System: Are The Adjudicative Competency Standards And Procedures Incompetent?, Kaitlin O'Dowd

University of Baltimore Law Review

No abstract provided.