Law Commons^™

How Antidiscrimination Law Learned To Live With Racial Inequality, Matthew Lindsay

All Faculty Scholarship

This Article explores a great paradox at the heart of the prevailing paradigm of American antidiscrimination law: the colorblindness ideal. In theory, and often in practice, that ideal is animated by a genuine commitment to liberal, individualist, race-neutral egalitarianism. For many of its partisans, colorblindness entails not only a negative injunction against race-conscious decisionmaking, but also, crucially, an affirmative program for the achievement of true racial equality. For these proponents, scrupulously race-neutral decisionmaking both advances the interests of racial minorities and embodies the best aspirations of the civil rights movement. In this worldview, colorblindness offers the only true antidote for …

The Doctrine Of Precedent In The United States Of America, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer

All Faculty Scholarship

To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …

Five Myths About Antitrust Damages, Robert H. Lande

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This article examines five common beliefs about antitrust damages and shows they all are untrue.

Myth #1. Antitrust violations give rise to treble damages.

Myth #2. There is "duplication" of antitrust damages because many defendants pay six-fold or more damages.

Myth #3. Courts should go easy on defendants when formulating liability rules or calculating overcharges because the awarded damages from a finding of an antitrust violation are so severe.

Myth #4. The size of the harms caused by antitrust violations, even by such "hardcore" violations as naked cartels, is relatively modest, and criminal penalties resulting from violations are out of …

The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications, Arnold Rochvarg

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In every state, the professional rules of conduct contain a prohibition on an attorney acting as both an advocate for their client and a witness in the same trial. The "lawyer as witness" rule has, however, been inconsistently applied in administrative adjudications. This article analyzes the split of authority in the use of this rule and proposes a solution as how the issue should be resolved.

Ample support for applying the lawyer as witness rule to administrative adjudications may be found in administrative decisions, judicial opinions and state bar association ethics committee opinions. There is, however, conflicting authority that rejects …

Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson

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Among the profound issues that surround constitutional criminal procedure is the obscure often overlooked issue of who has standing to challenge an illegal search, seizure or confession. Privacy interests are often overlooked because without a legal status that allows a person to complain in court, there is no way to challenge whether one is constitutionally protected from personal invasions. Standing is that procedural barrier often imposed to prevent a person in a case from objecting to improper police conduct because of his or her relationship of ownership, proximity, location, or interest in an item searched or a thing seized. Although …

Reforming The Branch Profits Tax To Advance Neutrality, Fred B. Brown

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Congress enacted the branch profits tax in order to reduce the disparity between the taxation of U.S. subsidiaries and U.S. branches of foreign corporations. The branch profits tax attempts to promote neutrality by subjecting the U.S. branch earnings of a foreign corporation to a second level of U.S. tax upon the deemed remittance of the earnings outside of the U.S. branch. This is to approximate the second-level tax that occurs in the subsidiary setting when a U.S. subsidiary pays dividends to its foreign parent. Unlike the dividend tax in the subsidiary setting, however, the branch profits tax can apply even …

Wrongful Discharge: The Use Of Federal Law As A Source Of Public Policy, Nancy M. Modesitt

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Wrongful discharge in violation of public policy circumscribes the employment at-will doctrine by prohibiting employers from firing employees who engage in conduct that is deemed to be protected by state or federal public policy. While much has been written about the pros and cons of such wrongful discharge claims, to date no scholarship has focused on the problems that arise when the source of public policy is a federal rather than state statute. This article analyzes the historical and current approaches to the use of federal statutes as a source of public policy to protect employees against discharge, concluding that …

Protecting Children By Preserving Parenthood, Jane C. Murphy

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Establishing legal parentage, once a relatively straightforward matter of marriage and biology, has become increasingly complex. The determination of legal status as mother may now involve several women making claims based on genetic contribution, contract, status as gestational carrier or other bases. The debate about the best choice for children when adults are competing for parental status is ongoing, lively and filled with many voices. Less attention has been paid to a much larger, second category of cases - cases in which the law is faced with resolving the legal status of the one adult who may be available to …

Foster Children Paying For Foster Care, Daniel L. Hatcher

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This Article examines the legality and policy concerns of state foster care agencies using children's Social Security benefits as a state funding stream. The practice requires foster children who are disabled or have deceased or disabled parents to pay for their own care. Often with the assistance of private consultants under contingency fee contracts, agencies look for children who are eligible for Social Security benefits and interject themselves as the children's representative payees. Rather than using the benefits to serve the children's unmet needs, the agencies use their fiduciary power to access the children's benefits and apply the funds to …

Recent Developments: Swift V. State: When A Police Officer Blocks A Person's Path With A Police Vehicle And Performs A Warrants Check, And A Reasonable Person Would Believe That He Or She Is Not Free To Leave The Police Presence, There Is A Seizure Under The Fourth Amendment, Kevin Cox

University of Baltimore Law Forum

No abstract provided.

Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps

All Faculty Scholarship

The Rehnquist court began a revolution in the law of church and state that the Roberts Court may continue. This article analyzes Justice Scalia's rhetoric in dissents in Lee v. Weisman and McCreary County v. American Civil Liberties Union to suggest that the aim of the revolution, having been first enunciated as "equality" for religions values and expression, has now shifted to transformation of the Establishment Clause dialogue to permit a favored place in public life for "majority religion."

Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps

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The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.

The Veil Of Fair Representation: Maurice Clarett V. The National Football League, Brando Simeo Starkey

University of Baltimore Law Forum

No abstract provided.

Comment: Critique Of The Veil Of Fair Representation, Michael Hayes

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Food Lion, Inc. V. Mcneill: An Inadequate Response To An Interrogatory Must Be Challenged During The Discovery Phase And Will Not Serve As Grounds To Exclude Expert Testimony When Raised At Trial, Gillian Flynn

University of Baltimore Law Forum

No abstract provided.

The Honorable Joseph F. Murphy, Jr. Legal Writing Competition Winning Student Comment: How Maryland's Sanctuary Policies Isolate Federal Law And The Constitution While Undermining Criminal Justice, Douglas R. Sahmel

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum Volume 36 Number 2 (Spring 2006) Front Matter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Clendenin Bros., Inc. V. U.S. Fire Ins. Co.: Total Pollution Exclusion Provisions In Commercial Liability Insurance Policies Do Not Relieve The Insurer From Its Duty To Defend The Insured Where The Alleged Harm Was Caused By Workplace Manganese Fumes, Jennifer Birckhead

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Design Kitchen And Baths V. Lagos: An Undocumented Alien Injured In The Course Of His Employment Is Entitled To Receive Workers' Compensation Benefits Under The Maryland Workers' Compensation Act, Jacob Y. Statman

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Matoumba V. State: A Police Officer Is Not Required To Be Qualified As An Expert Witness To Testify In A Suppression Hearing Regarding Facts That Gave Rise To A Reasonable Suspicion Justifying A Stop And Frisk Of A Suspect, Nancy Chung

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Motor Vehicle Admin. V. Weller: Preliminary Breath Tests Are Admissible In Administrative Hearings, Mcevan H. Baum

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Stoddard V. State: When Deciding If An Implied Assertion Is Hearsay, The Intent Of The Declarant Is Irrelevant If The Statement Is Offered To Prove The Truth Of The Matter Asserted, Lee Wheeler

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Whiting V. State: Standing For Fourth Amendment Applicability Rests On Both A Subjective Expectation Of Privacy And A Reasonably Objective Expectation Of Privacy That Society Is Willing To Recognize, Peter Mcternan

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum Volume 37 Number 1 (Fall 2006) Front Matter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Duckworth V. Deane: Denial Of Intervention In A Constitutional Challenge Of Maryland Code, Section 2-201 Of The Family Law Article Is Appropriate When The Parties Attempting To Intervene Do Not Meet The Requirements Of The Rules For Intervention Of Right Or Permissive Intervention, Ashley Recker

University of Baltimore Law Forum

No abstract provided.

Recent Developments: State Farm Mut. Auto. Ins. Co. V. Dehaan: A Victim Who Is Shot While Being Carjacked Is Not Entitled To Uninsured Motorist Benefits Because The Injuries Do Not Arise Out Of The Normal Use Of A Vehicle, Jennifer Brennan

University of Baltimore Law Forum

No abstract provided.

Another Effect Of Globalization: Role Of Foreign Educated Lawyers In Maryland Legal Practice, Michele Gilligan

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Banks V. Pusey: A Person Living On His Parent's Property Does Not Create A Presumption Of Adverse Use And Will Not Give Rise To A Prescriptive Easement Without Clear And Convincing Evidence That He Was Living There And Using The Land Without His Parents' Permission, Joel Carter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Kilmon V. State: A Pregnant Woman's Intentional Ingestion Of Cocaine Cannot Form The Basis For A Conviction Under Section 3-204(A)(1) Of The Criminal Law Article For The Reckless Endangerment Of Her Later-Born Child, Jason Weintraub

University of Baltimore Law Forum

No abstract provided.