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Full-Text Articles in Law

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison Oct 1982

Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande Sep 1982

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.

The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.

To …


The Medicolegal Code Of Cooperation, Robert E. Cahill Jr. Jan 1982

The Medicolegal Code Of Cooperation, Robert E. Cahill Jr.

University of Baltimore Law Forum

No abstract provided.


In Purse-Suit Of Liability, Stephanie Melnicove Jan 1982

In Purse-Suit Of Liability, Stephanie Melnicove

University of Baltimore Law Forum

No abstract provided.


Medicaid Fraud Jan 1982

Medicaid Fraud

University of Baltimore Law Forum

No abstract provided.


Maryland Domicile Rule For Bar Admission Deleted Jan 1982

Maryland Domicile Rule For Bar Admission Deleted

University of Baltimore Law Forum

No abstract provided.


The Right Of Publicity Goes On Tour, Cyd B. Wolf Jan 1982

The Right Of Publicity Goes On Tour, Cyd B. Wolf

University of Baltimore Law Forum

No abstract provided.


Arson In Maryland A New Legal Approach, Robert W. Glowinski Jan 1982

Arson In Maryland A New Legal Approach, Robert W. Glowinski

University of Baltimore Law Forum

No abstract provided.


A Report From The Placement Office, David Ash Jan 1982

A Report From The Placement Office, David Ash

University of Baltimore Law Forum

No abstract provided.


New Strides In The Intramural Advocacy Program, Anthony J. Agnone Jan 1982

New Strides In The Intramural Advocacy Program, Anthony J. Agnone

University of Baltimore Law Forum

No abstract provided.


The Due-On-Sale And Due-On-Encumbrance Clause In Maryland, Steve Lee Jan 1982

The Due-On-Sale And Due-On-Encumbrance Clause In Maryland, Steve Lee

University of Baltimore Law Forum

No abstract provided.


The $300,000 Question: Remedies For The New Home Buyer, Barbara Gathright Jan 1982

The $300,000 Question: Remedies For The New Home Buyer, Barbara Gathright

University of Baltimore Law Forum

No abstract provided.


From The Sba Jan 1982

From The Sba

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Review Volume 11 Number 2 (Winter 1982) Front Matter Jan 1982

University Of Baltimore Law Review Volume 11 Number 2 (Winter 1982) Front Matter

University of Baltimore Law Review

No abstract provided.


Comments: Eminent Domain: Private Corporations And The Public Use Limitation, Rocco C. Nunzio Jan 1982

Comments: Eminent Domain: Private Corporations And The Public Use Limitation, Rocco C. Nunzio

University of Baltimore Law Review

"Though no logical limits are evident in the cases, it nonetheless remains to be seen how far courts will be willing to go in allowing local development authorities to condemn property for commercial purposes."


Casenotes: Torts — Defamation — Judicial Immunity — Absolute Immunity Afforded Potential Witnesses For Statements Published In Unfiled Documents Prepared For Possible Use In A Pending Judicial Proceeding. Adams V. Peck, 288 Md. 1, 415 A.2d 292 (1980), Harold Douglas Norton Jan 1982

Casenotes: Torts — Defamation — Judicial Immunity — Absolute Immunity Afforded Potential Witnesses For Statements Published In Unfiled Documents Prepared For Possible Use In A Pending Judicial Proceeding. Adams V. Peck, 288 Md. 1, 415 A.2d 292 (1980), Harold Douglas Norton

University of Baltimore Law Review

No abstract provided.


Casenotes: Maritime Law — Land-Based Negligence Standard Of Care Established In A Longshoreman's Third Party Action Against Vessel Owner Under The Longshoremen's And Harbor Workers' Compensation Act Of 1972. Scindia Steam Navigation Co. V. Santos, 451 U.S. 156 (1981), Julia C. Neal Jan 1982

Casenotes: Maritime Law — Land-Based Negligence Standard Of Care Established In A Longshoreman's Third Party Action Against Vessel Owner Under The Longshoremen's And Harbor Workers' Compensation Act Of 1972. Scindia Steam Navigation Co. V. Santos, 451 U.S. 156 (1981), Julia C. Neal

University of Baltimore Law Review

No abstract provided.


Legislation: Maryland's Drunk Driving Laws: An Overview, Christopher W. Nicholson Jan 1982

Legislation: Maryland's Drunk Driving Laws: An Overview, Christopher W. Nicholson

University of Baltimore Law Review

"AII the king's horses and all the king's men cannot change the position of road curves, telephone poles, fences and railway crossings often or quickly enough to meet the changing intentions of the driver who is under the influence of alcohol"


Proprietary Protection Of Computer Software, James P. Chandler Jan 1982

Proprietary Protection Of Computer Software, James P. Chandler

University of Baltimore Law Review

Due to the rapid development and technological complexity of computer software, courts and legislatures have experienced great difficulty in adapting the law so as to provide adequate proprietary protection for such products. In this article, the author discusses the physical and legal safeguards available to software manufacturers and the remedies they may obtain when these safeguards fail.


Comments: Rights Of The Maryland Probationer: A Primer For The Practitioner, Robert C. Little Jan 1982

Comments: Rights Of The Maryland Probationer: A Primer For The Practitioner, Robert C. Little

University of Baltimore Law Review

Until relatively recently, persons placed on probation were denied even the most basic of due process protections. Beginning in the late 1960's, a series of Supreme Court decisions made it clear that many of the rights afforded the average citizen were equally applicable to the probationer. Since that time the rights afforded the Maryland probation have expanded greatly. This comment presents the current state of those rights and its author concludes that although burdened by many restrictions, the Maryland probationer is nonetheless in an advantageous position when compared with his counterpart in other jurisdictions.


"Will You Still Need Me... When I'M Sixty-Four?": Forced Retirement For Executives Under The Adea, Mark A. Shaiken Jan 1982

"Will You Still Need Me... When I'M Sixty-Four?": Forced Retirement For Executives Under The Adea, Mark A. Shaiken

University of Baltimore Law Review

"If, as Dostoevski observed, one test of a civilization is the way in which it treats its elderly, the existence of age-based mandatory retirement in the u.s. earns our country poor marks.


Book Review: The Litigious Society, Alfred L. Scanlan Jr. Jan 1982

Book Review: The Litigious Society, Alfred L. Scanlan Jr.

University of Baltimore Law Review

No abstract provided.


Casenotes: Income Tax — Section 162 — Traveling Expense Deductions — Absent Principal Place Of Business, Traveling Salesperson's Tax Home Is Geographic Concentration Of Income-Producing Activity. Daly V. Commissioner, 662 F.2d 253 (4th Cir. 1981), Rita Linder Blundo Jan 1982

Casenotes: Income Tax — Section 162 — Traveling Expense Deductions — Absent Principal Place Of Business, Traveling Salesperson's Tax Home Is Geographic Concentration Of Income-Producing Activity. Daly V. Commissioner, 662 F.2d 253 (4th Cir. 1981), Rita Linder Blundo

University of Baltimore Law Review

No abstract provided.


Casenotes: Torts — Joint Tortfeasors — Accord And Satisfaction Executed By One Joint Tortfeasor Constitutes A Release Of That Defendant From Further Liability But Not A Bar To The Plaintiff's Suit Against The Unreleased Joint Tortfeasor Nor To The Unreleased Joint Tortfeasor's Indemnity Claim Against The Released Tortfeasor. Loh V. Safeway Stores, Inc., 47 Md. App. 110, 422 A.2d 16 (1980), Timothy M. Mulligan Jr. Jan 1982

Casenotes: Torts — Joint Tortfeasors — Accord And Satisfaction Executed By One Joint Tortfeasor Constitutes A Release Of That Defendant From Further Liability But Not A Bar To The Plaintiff's Suit Against The Unreleased Joint Tortfeasor Nor To The Unreleased Joint Tortfeasor's Indemnity Claim Against The Released Tortfeasor. Loh V. Safeway Stores, Inc., 47 Md. App. 110, 422 A.2d 16 (1980), Timothy M. Mulligan Jr.

University of Baltimore Law Review

No abstract provided.


Restrictive Covenants In Maryland Employment Agreements: A Guide For Drafting, Barry F. Rosen, Steven A. Loewy Jan 1982

Restrictive Covenants In Maryland Employment Agreements: A Guide For Drafting, Barry F. Rosen, Steven A. Loewy

University of Baltimore Law Review

This article pro vides the Maryland lawyer with a practical guide for drafting restrictive covenants in employment agreements. The authors begin with a thorough analysis of the Maryland case law addressing this subject area. They recommend the types of provisions which will provide an employer with maximum protection against future competition by departing employees. The writers conclude with a section on suggested drafting techniques, keeping in mind that such provisions may have to withstand judicial scrutiny should litigation occur.


University Of Baltimore Law Review Volume 11 Number 3 (Spring 1982) Front Matter Jan 1982

University Of Baltimore Law Review Volume 11 Number 3 (Spring 1982) Front Matter

University of Baltimore Law Review

No abstract provided.


Casenotes: Insurance — Where Spouse Deliberately Damages Jointly Owned Property, The Innocent Spouse May Recover Under A Fire Insurance Policy Which Protects The Interests Of Each Spouse. St. Paul Fire & Marine Insurance Co. V. Molloy, 291 Md. 139, 433 A.2d 1135 (1981), Mark G. Levin Jan 1982

Casenotes: Insurance — Where Spouse Deliberately Damages Jointly Owned Property, The Innocent Spouse May Recover Under A Fire Insurance Policy Which Protects The Interests Of Each Spouse. St. Paul Fire & Marine Insurance Co. V. Molloy, 291 Md. 139, 433 A.2d 1135 (1981), Mark G. Levin

University of Baltimore Law Review

No abstract provided.


Creditors' Rights Issues In Copyright Law: Conflict And Resolution, Charles Shafer Jan 1982

Creditors' Rights Issues In Copyright Law: Conflict And Resolution, Charles Shafer

University of Baltimore Law Review

Although preferring voluntary payment from debtors, creditors must often compel the sale of debtors' property to satisfy debts. Ordinarily, state law controls the acquisition of a judgment or a security interest, and federal law controls when there is a federal tax lien or a bankruptcy proceeding. However, if the debtor's property to be sold is a copyright, both federal and state creditors' law must be reconciled with federal copyright law. The author briefly reviews recent developments in both creditors' and copyright law, discusses areas in which creditors' rights law and the Copyright Act conflict, and suggests resolution of these conflicts …


Casenotes: Constitutional Law — Maryland Circuit Courts Have Parens Patriae Jurisdiction To Authorize Guardians To Consent To Sterilization Of Incompetent Minors When The Procedure Is Medically Necessary. Wentzel V. Montgomery General Hospital, Inc., 293 Md. 685, 447 A.2d 1244 (1982), Lori Joy Eisner Jan 1982

Casenotes: Constitutional Law — Maryland Circuit Courts Have Parens Patriae Jurisdiction To Authorize Guardians To Consent To Sterilization Of Incompetent Minors When The Procedure Is Medically Necessary. Wentzel V. Montgomery General Hospital, Inc., 293 Md. 685, 447 A.2d 1244 (1982), Lori Joy Eisner

University of Baltimore Law Review

No abstract provided.


Legislation: Bank Credit Card Interest Rates In Maryland: How High Can They Go?, Hans Froelicher Iv Jan 1982

Legislation: Bank Credit Card Interest Rates In Maryland: How High Can They Go?, Hans Froelicher Iv

University of Baltimore Law Review

Obtaining credit through the use of bank credit cards, apart of everyday life for most Americans, is becoming more expensive. Today, interest rates are rising, banks want less government control, and consumers want easy credit at a low price. These often conflicting demands have challenged state and federal legislatures to change the laws that govern credit card interest rates. This article examines Maryland's response in light of federal law and the law of other states.