Law Commons^™

Post-Chicago School Paradigm Emerges: A New Foundation For Antitrust Law, Albert A. Foer, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

All Faculty Scholarship

The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …

Why Clinton Should Pardon Pollard – Now, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Joint Defense Agreements And Disqualification Of Co-Defendant's Counsel,, Arnold Rochvarg

All Faculty Scholarship

How should courts rule on the issue of joint defense agreements and motions for disqualification of another joint defense member's attorney in subsequent litigation? After analyzing prior cases that attempt to resolve the issue, it is clear that no generally accepted analysis of the disqualification issue exists. This article proposes an analytic framework for courts to use when ruling on such motions for disqualification arising in the context of prior joint defense agreements.

Although some courts have found an implied attorney-client relationship among all members and attorneys of the joint defense agreement, this view is flawed and based on a …

Reproducing A Fit Citizenry: Dependency, Eugenics, And The Law Of Marriage In The United States, Matthew Lindsay

All Faculty Scholarship

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy. of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their …

Pollard Case Is One For The Legal Books, Kenneth Lasson

All Faculty Scholarship

Jonathan Pollard, the former Navy intelligence analyst who was convicted of passing classified information to Israel, has been behind bars for more than 12 years now. His life sentence - by far the harshest ever meted out for a similar offense - continues to make "equal justice under law" seem like little more than a palsied proverb.

Pollard's actions were clearly misguided and rightly punishable, but should he languish for life in prison while others obviously more perfidious have been set free? Americans who expect fairness in their judicial system should be sorely disillusioned at how grossly disproportionate Pollard's treatment …

'M' Is For The Many Things That 'Mother' Means Family Life Has Changed, But Family Law Hasn't Kept Pace, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Writing Rules Does Not Right Wrongs, Odeana R. Neal

All Faculty Scholarship

I believe the work that lawyers, legal academics, and judges do is important. Our work allows us to devise legal theories, develop litigation strategies and determine outcomes that can make a tremendous difference in people's lives. As a result, I applaud the insight and creativity of Judge Beck and Professors Glennon and Goldfarb. Their work demonstrates how law can be used to protect gay men, lesbians, bisexuals, their relationships and their families.

Where We Stand: An Analysis Of America's Family Law Adjudicatory Systems And The Mandate To Establish Unified Family Courts, Barbara A. Babb

All Faculty Scholarship

The volume and scope of family law cases in contemporary American society, as well as their unending nature both individually and systemically, exacerbate the difficulty of their resolution. To address this crisis, the American Bar Association and others have recommended court reform, specifically, the establishment of unified family courts in all jurisdictions. A unified family court is a single forum within which to adjudicate the full range of family law issues, based on the notion that court effectiveness and efficiency increase when the court resolves a family's legal problems in as few appearances as possible. The model is based on …

Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson

All Faculty Scholarship

It's been exactly a hundred years since Mark Twain first revealed himself as an unmitigated admirer of Jewish people. "A marvelous race, by long odds the most marvelous that the world has produced, I suppose." he wrote in "Concerning the Jews," published in March of 1898 by Harper's magazine.

How different after all was Twain from H.L. Mencken, who (after the posthumous publication of his diaries) was attacked as an anti-Semite? As literary critic Joseph Epstein has pointed out, Mencken talked about Jews the way they talked about themselves: "But H.L. Mencken was no anti-Semite. For that he would have …

Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson

All Faculty Scholarship

Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.

On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been …

Employer Liability For Supervisors' Intentional Torts: The Uncertain Scope Of The "Alter Ego" Exception, Michael Hayes, Quinn Broverman

All Faculty Scholarship

When Illinois employees are the victims of intentional torts by supervisors, can they bring common law tort suits against their employers for these injuries, or are they limited to bringing a claim under the workers' compensation system? This question, which arises with unfortunate reguIarity, lacks a clear answer because both state and federal courts in Illinois are divided over the scope of the "alter ego" exception to the exclusivity of workers' compensation as the remedy for intentionally inflicted workplace injuries.

The Illinois Workers' Compensation Act ("IWCA") contains exclusivity provisions that mandate that workers' compensation is the sole remedy available to …

Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …

Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson

All Faculty Scholarship

At Hopkins and elsewhere, the issue of granting historical revisionists equal access to curricula and classrooms is difficult enough, but it is complicated acutely when student editors become entangled in the black and nefarious thickets of Holocaust denial masquerading as "scholarship." The Johns Hopkins News-Letter is only the most recent university paper to succumb to the blandishments of a group calling itself the "Committee for Open Debate on the Holocaust," which promulgates claims that a plan to systematically rid Germany or Europe of Jews never existed, that no gas chambers ever operated and that the number of Jewish victims has …

Commentary: 1997 Commencement Speech: The Honorable Robert M. Bell: Chief Judge, Court Of Appeals Of Maryland, Robert M. Bell

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Yoswick V. State: Guilty Plea Not Rendered Involuntary, Even If Defendant Is Not Informed Of Parole Consequences, Samuel N. Shapiro

University of Baltimore Law Forum

No abstract provided.

Drug Courier Profiles: An Infringement On Fourth Amendment Rights, Irene Dey

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Harford County V. Town Of Bel Air: County Has No Governmental Immunity In Contract Actions, Regardless Of Whether Contract Involves Proprietary Or Governmental Function, Theo Ogune

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Hyle V. Motor Vehicle Admin.: Motor Vehicle Administration May Not Suspend The License Of A Motorist Who Refuses A Blood Alcohol Test When No Qualified Person Is Available To Administer Breath Test To Which A Motorist Previously Consented, Marianna Bravo

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Kostelec V. State: Present Tense Language Of Search Warrant Statute Does Not Permit Issuance Of Anticipatory Search Warrant Based On Future Evidence Of A Criminal Act, John Magee

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Tuer V. Mcdonald: A Change In Medical Protocol Does Not Qualify For An Exception To The General Rule Barring Admission Of Evidence Of Subsequent Remedial Measures, Sean Patrick Casey

University of Baltimore Law Forum

No abstract provided.

How Judges Judge: Theories On Judicial Decision Making, Timothy J. Capurso

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Farris V. State: Failure To Appear For A Court Mandated Weekend Detention Does Not Constitute The Crime Of Escape In Allegany County, David Schmitz

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Garrison V. State: A Post-Conviction Petitioner May Receive A Belated De Novo Appeal Without Presenting Evidence Of Its Likely Success, Bryson M. Filbert Iii

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Le Marc's Management Corp. V. Valentin: Actual Knowledge Of A False Statement Is Required For An Award Of Punitive Damages In Defamation Action, Steven E. Shane

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Philip Morris, Inc. V. Glendening: The Attorney General May Enter Into Contingency Fee Contracts With Private Law Firms To Secure Representation For The State, Kimberly C. Pace

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Shields V. Wagman: A Landlord Who Knew Of The Viciousness Of A Tenant's Dog, But Failed To Rid The Premises Of Such Danger, May Be Liable For Injuries The Dog Inflicts On Invitees In The Common Areas Of Property Under The Landlord's Control, Kofi Asamoah

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Sippio V. State: Medical Examiner's Testimony As To Murder Victim's Manner Of Death Is Appropriate Where The Autopsy Report Has Been Admitted Into Evidence, Cheryl F. Matricciani

University of Baltimore Law Forum

No abstract provided.