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Articles 1 - 30 of 75
Full-Text Articles in Law
Ub Viewpoint – Hooray For Sinclair, Eric Easton
Ub Viewpoint – Hooray For Sinclair, Eric Easton
All Faculty Scholarship
No abstract provided.
Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Beware Buyer Power, Robert H. Lande
Beware Buyer Power, Robert H. Lande
All Faculty Scholarship
The conventional antitrust wisdom is that buyer side market power or monopsony is so unusual and so rarely anticompetitive that it should not merit more than a scholarly afterthought. Moreover, these brief mentions typically say it is essentially the mirror image of seller power or that, while seller-side power is suspect since it leads to higher consumer prices, buyer-side power is usually benign, because the public should not care which layer of a distribution channel gets any potential savings that can arise. This short article discusses how buyer power can be anticompetitive. It also discusses how buyer power or monopsony …
Handling The Truth, Kenneth Lasson
A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan
A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan
All Faculty Scholarship
Non-precedential judicial opinions issued by the federal appellate courts have generated significant controversy. Given that the federal appellate courts are unlikely to abandon the practice of issuing non-precedential opinions on their own, what other options exist for prohibiting the practice? This article discusses the constitutionality of a procedural rule or statute prohibiting the federal appellate courts from prospectively designating selected opinions as non-precedential. It explains how the rules governing non-precedential opinions allow federal appellate courts to "opt out" of their own rules of precedent. It then examines the rulemaking process, showing how the Federal Rules of Appellate Procedure are promulgated …
The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps
The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps
All Faculty Scholarship
In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the searing …
A War Of Words (In The Hype Of The Palestinian-Israeli Conflict, The Line Between Reality And Propaganda Can Easily Confuse Even The Most Objective Foreign Correspondent), Kenneth Lasson
All Faculty Scholarship
Most journalists look at their work and see professional pride, not personal prejudice. Even many of those who do the biased bidding of their employers could be characterized as decent, fair-minded, hard-working. In the Middle East today, however, where the conflict is still largely a war of words, reporters may often miss the forest for the trees. While such a result could be caused by the inherent limitations of their craft - constant deadlines, sometimes severe space restrictions, the pressure to produce dramatic stories - when their inherent political bias are combined with ignorance of broad historical perspectives, the result …
Communicating Entitlements: Property And The Internet, William Hubbard
Communicating Entitlements: Property And The Internet, William Hubbard
All Faculty Scholarship
No abstract provided.
The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka
The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka
All Faculty Scholarship
In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.
In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …
Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson
Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson
All Faculty Scholarship
This article examines how litigation and mediation have distinct narrative structures and what these narratives say about counseling clients about mediation. In the narrative of litigation, parties struggle against one another in order to convince a decision maker of the truth of "what happened." This struggle is about more than designating liability; it is about enabling the decision-maker to restore social order and vindicate morality. In contrast, the narrative of mediation does not call upon the mediator to designate "truth" or "right" and "wrong." Rather, the mediator acts to enable parties to overcome and transform conflict through collaboration. In the …
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
No Wonder They Dislike Us: Us Admonishes Europe For Protecting Itself From Microsoft's Predation, Albert A. Foer, Robert H. Lande
All Faculty Scholarship
This short article applauds the European Commission for holding that Microsoft violated European competition laws, and admonishes the U.S. for criticizing the Europeans for protecting themselves from Microsoft's anticompetitive activity.
Ub Viewpoint – Defining Legal Fatherhood: Part Ii, Jane C. Murphy
Ub Viewpoint – Defining Legal Fatherhood: Part Ii, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner
The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner
All Faculty Scholarship
- a. The Rule of Law is at the heart of the present legal reform.
- b. There is an international consensus about basic elements of the Rule of Law.
- c. Legal methods are central to the Rule of Law. But different legal methods are used to realize the Rule of Law.
- d. Teaching legal methods, i.e., teaching to think like a lawyer, is at the heart of that which is professional in legal education.
- e. The present legal reform invites Japanese law schools to teach legal methods.
The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler
All Faculty Scholarship
This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by …
Privileges: Spousal, Attorney-Client, And Priest-Penitent, Lynn Mclain
Privileges: Spousal, Attorney-Client, And Priest-Penitent, Lynn Mclain
All Faculty Scholarship
No abstract provided.
Ub Viewpoint – Journalists May Face Contempt For Protecting Sources, Eric Easton
Ub Viewpoint – Journalists May Face Contempt For Protecting Sources, Eric Easton
All Faculty Scholarship
No abstract provided.
Adjudicative Speech And The First Amendment, Christopher J. Peters
Adjudicative Speech And The First Amendment, Christopher J. Peters
All Faculty Scholarship
While political speech - speech intended to influence political decisions - is afforded the highest protection under the First Amendment, adjudicative speech - speech intended to influence court decisions - is regularly and systematically constrained by rules of evidence, canons of professional ethics, judicial gag orders, and similar devices. Yet court decisions can be as important, both to the litigants and to society at large, as political decisions. How then can our practice of severely constraining adjudicative speech be justified as consistent with First Amendment principles?
This Article attempts to answer that question in a way that is informative about …
Recent Developments: Attorney Grievance Comm'n Of Md. V. Braskey: Disbarment Is Appropriate When An Attorney Collects An Unreasonable Fee Combined With A Course Of Unintentional Misrepresentation, Patricia K. Jaron
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Snowden V. State Of Maryland: Introduction Of Testimonial Hearsay Statements Made By An Available Witness Who Does Not Testify Violates The Sixth Amendment's Confrontation Clause, Lama M. Cutter
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Attorney Grievance Commission Of Maryland V. Goodman: Intentionally Dishonest Conduct By Attorney Results In Disbarment, Rebecca A. Romig
Recent Developments: Attorney Grievance Commission Of Maryland V. Goodman: Intentionally Dishonest Conduct By Attorney Results In Disbarment, Rebecca A. Romig
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Cook V. Grierson: Pursuant To The Maryland Slayer Rule, Grandchildren Have No Right To Inherit From Their Grandfather's Intestate Estate When Death Is A Result Of An Act Of Patricide By The Children's Father, Jigita A. Patel
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Tierco Maryland, Inc. V. Williams: Injection Of Racial Considerations Is Improper When Statements Are Irrelevant To The Causes Of Action Pled Or Relief Sought, John C. Morton
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Tweedy V. State: A Trial Judge May Not Impose A Sentence Greater Than The Outlined Punishment Of An Accepted Plea Agreement, Even When The Added Condition Immediately Follows The Defendant's Acceptance, James Hanratty
University of Baltimore Law Forum
No abstract provided.
Forum Faces: The Honorable Clayton Greene, Jr.
Forum Faces: The Honorable Clayton Greene, Jr.
University of Baltimore Law Forum
No abstract provided.
Longitudinal Patterns Of Intimate Partner Violence, Risk, Well-Being, And Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, Dorothy J. Lennig
Longitudinal Patterns Of Intimate Partner Violence, Risk, Well-Being, And Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, Dorothy J. Lennig
All Faculty Scholarship
Over 7 months (June 1999 to January 2000), researchers recruited 406 women from 1 of 3 sites in a northeastern city at the point they were seeking help for violence against them by a current or former male partner. Intimate partner violence was measured with a modified version of the Revised Conflict Tactics Scale. Some form of serious violence during the previous year was reported by 88 percent of the participants. By the first 3-month follow-up period, nearly one-third of the participants reported the recurrence of some form of physical violence; 20.4 percent reported an injury; and 18.1 percent reported …
Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy
Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario
Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario
All Faculty Scholarship
The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ambiguities caused by the attorney's negligence …
Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin
Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin
All Faculty Scholarship
With an expanding market for what is now known as "complimentary and alternative" medicine (CAM), states are increasingly facing the issue of who can and who should be allowed to practice medicine. Of necessity, this question also concerns whom patients may see to treat their ailments.
This paper will argue that the struggle to define who is and who is not licensed to practice medicine is rather fruitless and will always leave patients with less choice than they desire. Part II will review the history of licensure in the United States. Parts III and IV will focus on benefits and …
Time To Enter A "Do Not Resuscitate" Order On The National Resident Matching Program's Chart, Gregory Dolin
Time To Enter A "Do Not Resuscitate" Order On The National Resident Matching Program's Chart, Gregory Dolin
All Faculty Scholarship
This article focuses on the NRMP system and argues that the process is neither efficient nor pro-competitive. This article argues that Congress erred in bestowing an antitrust exemption on the NRMP and the participating institutions.
This article suggests that although the system may have been necessary to check the problem of early recruiting that was pervasive in the 1950s (similar to the one that plagued the federal judiciary until just two years ago), the system has outlived its usefulness. Part II will explain the Match's history and function and will discuss how the system makes participation in the Match inevitable …
Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes
Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes
All Faculty Scholarship
Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum policy. In Part II, …