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Full-Text Articles in Law

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer Jun 1992

Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer

All Faculty Scholarship

No abstract provided.


A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande Apr 1992

A Law & Economics Perspective On A "Traditional" Torts Case: Insights For Classroom And Courtroom, Robert H. Lande

All Faculty Scholarship

This article is from a symposium, "Five Approaches to Legal Reasoning in the Classroom: Contrasting Perspectives on O'Brien v. Cunard S.S. Co. Ltd.," 57 Missouri L. Rev. 345 (1992). The symposium contains five articles that analyze this case from, respectively, traditionalist, Law & Economics, Critical Legal Studies, Feminist, and Critical Race Theories perspectives.

This article analyzes the O'Brien case from a Law & Economics perspective. It does so in a manner suitable for presentation in a Torts class or a Law & Economics class. It explains the basic terminology and approach. It analyzes the economics underlying the vaccination requirement, whether …


Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White Apr 1992

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

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The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …


A Field Of Dreams Needs A History, Kenneth Lasson Mar 1992

A Field Of Dreams Needs A History, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Recent Developments: International Union, Uaw V. Johnson Controls, Inc.: Employer May Not Bar Women From Employment Which Might Expose Unborn Child To Harm, Howard S. Cohen Jan 1992

Recent Developments: International Union, Uaw V. Johnson Controls, Inc.: Employer May Not Bar Women From Employment Which Might Expose Unborn Child To Harm, Howard S. Cohen

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Willy V. Coastal Corp.: Rule 11 Sanctions Upheld Although The Federal District Court Was Subsequently Found To Lack Jurisdiction, Carol Nakhuda Cohen Jan 1992

Recent Developments: Willy V. Coastal Corp.: Rule 11 Sanctions Upheld Although The Federal District Court Was Subsequently Found To Lack Jurisdiction, Carol Nakhuda Cohen

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Molzof V. United States: Supreme Court Chooses Traditional Definition For "Punitive Damages" Under Federal Torts Claims Act, Michael E. Muldowney Jan 1992

Recent Developments: Molzof V. United States: Supreme Court Chooses Traditional Definition For "Punitive Damages" Under Federal Torts Claims Act, Michael E. Muldowney

University of Baltimore Law Forum

No abstract provided.


The Character Committee: Overseeing Moral Character And Fitness, Katherine G. Nair Jan 1992

The Character Committee: Overseeing Moral Character And Fitness, Katherine G. Nair

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Franklin V. Gwinnett County Public Schools: Damages Are Available For An Action Brought To Enforce Title Ix Of The Education Amendments Of 1972, Cheryl Zak Jan 1992

Recent Developments: Franklin V. Gwinnett County Public Schools: Damages Are Available For An Action Brought To Enforce Title Ix Of The Education Amendments Of 1972, Cheryl Zak

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Cipollone V. Liggett Group, Inc.: Federal Cigarette Labeling Laws Do Not Preempt Certain State And Common Law Actions, Ellen Ann Marth Jan 1992

Recent Developments: Cipollone V. Liggett Group, Inc.: Federal Cigarette Labeling Laws Do Not Preempt Certain State And Common Law Actions, Ellen Ann Marth

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Reddick V. State: Sentencing Judge's Offer To Suspend Five Years Imprisonment Upon Payment Of Restitution To Victim's Family Violated Indigent Defendant's Equal Protection Rights, Paula L. Davis Jan 1992

Recent Developments: Reddick V. State: Sentencing Judge's Offer To Suspend Five Years Imprisonment Upon Payment Of Restitution To Victim's Family Violated Indigent Defendant's Equal Protection Rights, Paula L. Davis

University of Baltimore Law Forum

No abstract provided.


Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson Jan 1992

Feminism Awry: Excesses In The Pursuit Of Rights And Trifles, Kenneth Lasson

All Faculty Scholarship

Perhaps it is best to begin with the positive. From virtually any perspective, liberal and conservative feminists in the twentieth century have improved the quality of life for many women in a number of noteworthy ways. They have helped win the right to vote, to own property, to make contracts, to serve on juries, to use contraceptives.

They have succeeded in asserting the need for enhanced economic opportunities: equal pay for equal work, maternity leave, flex-time for mothers. They have made significant advancements against both domestic battery and sexual harassment in the workplace. As a consequence of all these efforts, …


A Family Court For Maryland: The Time Has Come, Barbara A. Babb Jan 1992

A Family Court For Maryland: The Time Has Come, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


The Actual Validity Of Law, Mortimer N.S. Sellers Jan 1992

The Actual Validity Of Law, Mortimer N.S. Sellers

All Faculty Scholarship

When, and in what sense, are laws ever "valid"? I shall argue that the validity of a law always depends on the law's moral justification. To see why, one must first disentangle three senses of the word "valid." I will distinguish "actual validity" from "legal validity," and use "valid" (without an adjective) only of the former-those laws one actually ought to obey. "Legally valid" laws are laws a particular legal system claims we ought to obey, and "morally valid" laws are laws one could morally justify making legally valid.

The distinction between moral, legal and actual validity explains two well-known …


Republican Authority, Mortimer N.S. Sellers Jan 1992

Republican Authority, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.


Recent Developments: King V. St. Vincent's Hospital: Members Of The Armed Forces Retain The Right To Civilian Reemployment Under 38 U.S.C. § 2024(D) Regardless Of The Duration Of Active Duty, Shawn Gritz Jan 1992

Recent Developments: King V. St. Vincent's Hospital: Members Of The Armed Forces Retain The Right To Civilian Reemployment Under 38 U.S.C. § 2024(D) Regardless Of The Duration Of Active Duty, Shawn Gritz

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Medical Waste Assoc. V. Maryland Waste Coalition: Maryland Environmental Standing Act Does Not Apply To An Organization That Seeks Judicial Review Of An Administrative Procedure, Bonnie S. Laakso Jan 1992

Recent Developments: Medical Waste Assoc. V. Maryland Waste Coalition: Maryland Environmental Standing Act Does Not Apply To An Organization That Seeks Judicial Review Of An Administrative Procedure, Bonnie S. Laakso

University of Baltimore Law Forum

No abstract provided.


Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz Jan 1992

Health Care Workers With Aids: Duties, Rights, And Potential Tort Liability, Gary I. Strausberg, Randal D. Getz

University of Baltimore Law Review

No abstract provided.


Notes: Constitutional Law — Ex Post Facto — Was Adding The Requirement Of Gubernatorial Approval Of Parole To The Patuxent Institution's Parole Procedures And Reinstating Original Sentences A Violation Of The Prohibition Against Ex Post Facto Laws? Gluckstern V. Sutton, 319 Md. 634, 574 A.2d 898, Cert. Denied, 498 U.S. 950 (1990), Carolyn W. Evans Jan 1992

Notes: Constitutional Law — Ex Post Facto — Was Adding The Requirement Of Gubernatorial Approval Of Parole To The Patuxent Institution's Parole Procedures And Reinstating Original Sentences A Violation Of The Prohibition Against Ex Post Facto Laws? Gluckstern V. Sutton, 319 Md. 634, 574 A.2d 898, Cert. Denied, 498 U.S. 950 (1990), Carolyn W. Evans

University of Baltimore Law Review

No abstract provided.


Frivolous Filings And The Penalty Of Sanctions: The Disparate Impact Of Rule 11 Sanctions In The Litigation Process, Alan J. Belsky Jan 1992

Frivolous Filings And The Penalty Of Sanctions: The Disparate Impact Of Rule 11 Sanctions In The Litigation Process, Alan J. Belsky

University of Baltimore Law Forum

No abstract provided.


Recent Developments: White V. Illinois: Spontaneous Declaration And Medical Examination Hearsay Exceptions Do Not Offend Sixth Amendment Confrontation Clause Requirements Regardless Of Declarant's Availability, Paula Elbich Jan 1992

Recent Developments: White V. Illinois: Spontaneous Declaration And Medical Examination Hearsay Exceptions Do Not Offend Sixth Amendment Confrontation Clause Requirements Regardless Of Declarant's Availability, Paula Elbich

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 22 Number 3 (Spring 1992) Front Matter Jan 1992

University Of Baltimore Law Forum Volume 22 Number 3 (Spring 1992) Front Matter

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Rubin V. State: Protection Of Attorney-Client Privilege Does Not Apply To Location And Condition Of Tangible Evidence Removed Or Altered By Defense Counsel Even If It Implicates The Defendant, Kenneth A. Brown Jan 1992

Recent Developments: Rubin V. State: Protection Of Attorney-Client Privilege Does Not Apply To Location And Condition Of Tangible Evidence Removed Or Altered By Defense Counsel Even If It Implicates The Defendant, Kenneth A. Brown

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Murphy V. Edmonds: Maryland's Statutory Cap On Noneconomic Damages In Personal Injury Cases Is Constitutional And Neither Violates Due Process Nor Denies Right To A Jury Trial, Elizabeth A. Lee Jan 1992

Recent Developments: Murphy V. Edmonds: Maryland's Statutory Cap On Noneconomic Damages In Personal Injury Cases Is Constitutional And Neither Violates Due Process Nor Denies Right To A Jury Trial, Elizabeth A. Lee

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Owens-Illinois V. Zenobia: Maryland Restructures The Law Of Punitive Damages In Non-Intentional Tort Cases, Laurie Ann Garey Jan 1992

Recent Developments: Owens-Illinois V. Zenobia: Maryland Restructures The Law Of Punitive Damages In Non-Intentional Tort Cases, Laurie Ann Garey

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Dawson V. Delaware: Evidence Of Defendant's Racist Associations Or Beliefs Not Admissible In Capital Sentencing Proceeding Unless Relevant To The Issues Addressed In The Underlying Conviction, David E. Canter Jan 1992

Recent Developments: Dawson V. Delaware: Evidence Of Defendant's Racist Associations Or Beliefs Not Admissible In Capital Sentencing Proceeding Unless Relevant To The Issues Addressed In The Underlying Conviction, David E. Canter

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Lechmere. Inc. V. Nlrb: Nonemployee Union Organizers May Be Barred From An Employer's Property Absent A Showing Of Inaccessibility Of Employees, Mark K. Boyer Jan 1992

Recent Developments: Lechmere. Inc. V. Nlrb: Nonemployee Union Organizers May Be Barred From An Employer's Property Absent A Showing Of Inaccessibility Of Employees, Mark K. Boyer

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Woodson V. State: Heightened Evidentiary Foundation Required To Admit Confessions Which Trigger Death Sentence Eligibility, Chris Marts Jan 1992

Recent Developments: Woodson V. State: Heightened Evidentiary Foundation Required To Admit Confessions Which Trigger Death Sentence Eligibility, Chris Marts

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 23 Number 1 (Summer 1992) Front Matter Jan 1992

University Of Baltimore Law Forum Volume 23 Number 1 (Summer 1992) Front Matter

University of Baltimore Law Forum

No abstract provided.


Recent Developments: United States V. Alvarez-Machain: The United States Government May Abduct Foreign Citizens From Foreign Territory Unless Expressly Forbidden By An Extradition Treaty, Brett R. Wilson Jan 1992

Recent Developments: United States V. Alvarez-Machain: The United States Government May Abduct Foreign Citizens From Foreign Territory Unless Expressly Forbidden By An Extradition Treaty, Brett R. Wilson

University of Baltimore Law Forum

No abstract provided.