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Full-Text Articles in Law

Recent Developments: Wholey V. Sears Roebuck: Terminating Employees For Reporting Suspected Criminal Activity To The Appropriate Authorities Constitutes Wrongful Discharge, Julie A. Mallis Jan 2003

Recent Developments: Wholey V. Sears Roebuck: Terminating Employees For Reporting Suspected Criminal Activity To The Appropriate Authorities Constitutes Wrongful Discharge, Julie A. Mallis

University of Baltimore Law Forum

No abstract provided.


Legislative Summaries: Maryland General Assembly Updates, Julie A. Mallis, Ju Y. Oh, John M. Borelli, Jennifer Merrill, Megan M. Bramble, Brian Casto, Brenda N. Taylor, John A. Carpenter, Bryan C. Hughes, Purvi Patel Jan 2003

Legislative Summaries: Maryland General Assembly Updates, Julie A. Mallis, Ju Y. Oh, John M. Borelli, Jennifer Merrill, Megan M. Bramble, Brian Casto, Brenda N. Taylor, John A. Carpenter, Bryan C. Hughes, Purvi Patel

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Remsburg V. Montgomery: A Leader Of A Hunting Party Has No Duty To Protect A Victim Of An Accident Resulting From The Negligence Of A Hunting Party Member, Matthew F. Penater Jan 2003

Recent Developments: Remsburg V. Montgomery: A Leader Of A Hunting Party Has No Duty To Protect A Victim Of An Accident Resulting From The Negligence Of A Hunting Party Member, Matthew F. Penater

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Sell V. United States: Fifth Amendment Due Process Clause Does Not Allow Involuntary Administration Of Antipsychotic Drugs To Render A Mentally Ill Defendant Competent To Stand Trial Where It Is Unknown Whether The Side Effects Are Likely To Undermine The Trial's Fairness, Larna M. Cutter Jan 2003

Recent Developments: Sell V. United States: Fifth Amendment Due Process Clause Does Not Allow Involuntary Administration Of Antipsychotic Drugs To Render A Mentally Ill Defendant Competent To Stand Trial Where It Is Unknown Whether The Side Effects Are Likely To Undermine The Trial's Fairness, Larna M. Cutter

University of Baltimore Law Forum

No abstract provided.


Recent Developments: State V. Lee: Application Of The Inevitable Discovery Exclusion Exception Cannot Make Evidence Obtained Through An Improperly Executed Narcotics Search Warrant Admissible, Carlin La Bar Jan 2003

Recent Developments: State V. Lee: Application Of The Inevitable Discovery Exclusion Exception Cannot Make Evidence Obtained Through An Improperly Executed Narcotics Search Warrant Admissible, Carlin La Bar

University of Baltimore Law Forum

No abstract provided.


Recent Developments: State V. Rucker: A Brief Investigatory Stop Is Not A Restraint On Freedom Of Movement Characteristic Of A Formal Arrest And Does Not Require Miranda Warnings, Ruthie Linzer Jan 2003

Recent Developments: State V. Rucker: A Brief Investigatory Stop Is Not A Restraint On Freedom Of Movement Characteristic Of A Formal Arrest And Does Not Require Miranda Warnings, Ruthie Linzer

University of Baltimore Law Forum

No abstract provided.


Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy Jan 2003

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …


Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison Jan 2003

Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes Jan 2003

Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes

All Faculty Scholarship

Unions exist to provide assistance to employees; this is their reason for being. Yet once a union begins a campaign to represent a group of employees, it is legally barred from extending tangible assistance to the workers. The National Labor Relations Board ("NLRB" or the "Board") and courts deem a union grant of benefits to employees during or prior to a representation campaign objectionable conduct that requires setting aside the results of the representation election and holding another election.

This article's proposal to open the door to unconditional union benefits during an organizing campaign will likely be controversial. Part of …


Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner Jan 2003

Standard Terms Contracting In The Global Electronic Age: European Alternatives, James Maxeiner

All Faculty Scholarship

This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of …


University Of Baltimore Law Forum Volume 33 Number 2 (Spring 2003) Front Matter Jan 2003

University Of Baltimore Law Forum Volume 33 Number 2 (Spring 2003) Front Matter

University of Baltimore Law Forum

No abstract provided.


Racially Bias Sat I/Act Blocks College Access: Is It Constitutional For College Officials To Condition Admission On A Racially Bias Assessment?, Kendra Johnson Jan 2003

Racially Bias Sat I/Act Blocks College Access: Is It Constitutional For College Officials To Condition Admission On A Racially Bias Assessment?, Kendra Johnson

University of Baltimore Law Forum

No abstract provided.


American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner Jan 2003

American Law Schools As A Model For Japanese Legal Education? A Preliminary Question From A Comparative Perspective, James Maxeiner

All Faculty Scholarship

Law faculties in Japan are asking whether and how they should remake themselves to become law schools. One basic issue has been framed in terms of whether such programs should be professional or general. One Japanese scholar put it pointedly: "[a] major issue of the proposed reform is whether Japan should adopt an American model law school, i.e., professional education at the graduate level, while essentially doing away with the traditional Japanese method of teaching law at university." American law schools are seen as having as their fundamental goal "to provide the training and education required for becoming an effective …


The Right To Secede, Mortimer N.S. Sellers Jan 2003

The Right To Secede, Mortimer N.S. Sellers

Book Chapters

This paper will consider the right to secede, by which I mean the right of a group of the citizens or subjects of an existing state to remove themselves from its political jurisdiction, taking with them some portion of their former state's territory, to form a new political entity. Secession diminishes existing states by narrowing their territorial jurisdiction. The right to secede assumes the previous existence of states and depends for its own justification on the antecedent justifications for statehood. When the reasons for secession outweigh the reasons that justify statehood, or serve those ends better than would the continued …


University Of Baltimore Law Review Volume 32 Number 2 (Spring 2003) Front Matter Jan 2003

University Of Baltimore Law Review Volume 32 Number 2 (Spring 2003) Front Matter

University of Baltimore Law Review

No abstract provided.


Comments: The Special Needs Doctrine After Ferguson V. City Of Charleston, Richard T. Smith Jan 2003

Comments: The Special Needs Doctrine After Ferguson V. City Of Charleston, Richard T. Smith

University of Baltimore Law Review

No abstract provided.


The Professional In Legal Education: Foreign Perspectives, James Maxeiner Jan 2003

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …


Recent Developments: Goldberg V. Miller: Guardian Ad Litem Fees May Not Be Characterized As Child Support, Jennifer Merrill Jan 2003

Recent Developments: Goldberg V. Miller: Guardian Ad Litem Fees May Not Be Characterized As Child Support, Jennifer Merrill

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Ins V. Ventura: The Court Of Appeals Should Remand To The Board Of Immigration Appeals When Deciding An Issue Before The Board Has An Opportunity To Address The Matter, Andrea Tony Jan 2003

Recent Developments: Ins V. Ventura: The Court Of Appeals Should Remand To The Board Of Immigration Appeals When Deciding An Issue Before The Board Has An Opportunity To Address The Matter, Andrea Tony

University of Baltimore Law Forum

No abstract provided.


Recent Developments: In Re Thomas J.: Juveniles Have A Constitutional Right To A Speedy Trial Under The Due Process Clause Of The Fourteenth Amendment And Article 21 Of The Maryland Declaration Of Rights, Brenda N. Taylor Jan 2003

Recent Developments: In Re Thomas J.: Juveniles Have A Constitutional Right To A Speedy Trial Under The Due Process Clause Of The Fourteenth Amendment And Article 21 Of The Maryland Declaration Of Rights, Brenda N. Taylor

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Medex V. Mccabe: Incentive Payments Are Wages Earned By An Employee And An Employee Is Entitled To Recover Incentive Fees As Wages, Supriya M. Mcmillan Jan 2003

Recent Developments: Medex V. Mccabe: Incentive Payments Are Wages Earned By An Employee And An Employee Is Entitled To Recover Incentive Fees As Wages, Supriya M. Mcmillan

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Sprietsma V. Mercury Marine: Federal Boat Safety Act Does Not Preempt State Common Law Tort Claims, Carl Zacarias Jan 2003

Recent Developments: Sprietsma V. Mercury Marine: Federal Boat Safety Act Does Not Preempt State Common Law Tort Claims, Carl Zacarias

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Thomas V. State: Evidence Of A Defendant's Refusal To Provide A Blood Sample Is Inadmissible To Show Consciousness Of Guilt, Gage Lester Jan 2003

Recent Developments: Thomas V. State: Evidence Of A Defendant's Refusal To Provide A Blood Sample Is Inadmissible To Show Consciousness Of Guilt, Gage Lester

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 34 Number 1 (Summer/Fall 2003) Front Matter Jan 2003

University Of Baltimore Law Forum Volume 34 Number 1 (Summer/Fall 2003) Front Matter

University of Baltimore Law Forum

No abstract provided.


Reforming The Criminal Law: University Of Baltimore School Of Law Group Goes To Annapolis, Lynn Mclain Jan 2003

Reforming The Criminal Law: University Of Baltimore School Of Law Group Goes To Annapolis, Lynn Mclain

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Duvall V. Mcgee: Tort Judgment Creditors Are Not Included In The Narrow Class Of Creditors Entitled To Invade A Spendthrift Trust, Kevin Trogdon Jan 2003

Recent Developments: Duvall V. Mcgee: Tort Judgment Creditors Are Not Included In The Narrow Class Of Creditors Entitled To Invade A Spendthrift Trust, Kevin Trogdon

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Lawrence V. Texas: Texas Homosexual Sodomy Statute Violated The Fourteenth Amendment Due Process Clause, Sarah M. Miller Jan 2003

Recent Developments: Lawrence V. Texas: Texas Homosexual Sodomy Statute Violated The Fourteenth Amendment Due Process Clause, Sarah M. Miller

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Livering V. Richardson's Restaurant: An Off Duty Employee Is Entitled To Workers' Compensation Benefits If Injury Is Sustained On Employer's Premises And The Reason For The Employee's Visit Benefits The Employer, Cendoria Yvonne Dean Jan 2003

Recent Developments: Livering V. Richardson's Restaurant: An Off Duty Employee Is Entitled To Workers' Compensation Benefits If Injury Is Sustained On Employer's Premises And The Reason For The Employee's Visit Benefits The Employer, Cendoria Yvonne Dean

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Pack Shack V. Howard County: Zoning Ordinance Placing Burdensome Restrictions On Location And Operation Of Adult Businesses Violates Article 40 Of The Maryland Declaration Of Rights And The First Amendment Of The United States Constitution, Erin S. Galvin Jan 2003

Recent Developments: Pack Shack V. Howard County: Zoning Ordinance Placing Burdensome Restrictions On Location And Operation Of Adult Businesses Violates Article 40 Of The Maryland Declaration Of Rights And The First Amendment Of The United States Constitution, Erin S. Galvin

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Richard Roeser Professional Builder V. Anne Arundel County: Purchase Of Property With Zoning Restriction Is Not A Self-Created Hardship, Allisan Pyer Jan 2003

Recent Developments: Richard Roeser Professional Builder V. Anne Arundel County: Purchase Of Property With Zoning Restriction Is Not A Self-Created Hardship, Allisan Pyer

University of Baltimore Law Forum

No abstract provided.