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University of Baltimore Law

2007

Articles 1 - 30 of 95

Full-Text Articles in Law

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

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A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …

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Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson Dec 2007

Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson

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From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …

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Pro-Gun Scholars Twist Constitution, Kenneth Lasson Nov 2007

Pro-Gun Scholars Twist Constitution, Kenneth Lasson

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Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.

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Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain Oct 2007

Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain

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Handout from a panel at the NAALJ Annual Conference covering credibility.

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Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain Oct 2007

Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain

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Handout from an Anne Arundel County Bar Association CLE class concerning then-recent developments in Maryland hearsay rules.

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The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer Oct 2007

The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer

All Faculty Scholarship

Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …

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Litigating Presidential Signing Statements, Michele E. Gilman Oct 2007

Litigating Presidential Signing Statements, Michele E. Gilman

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In response to President George W. Bush's aggressive use of presidential signing statements, several members of Congress as well as a prominent Taskforce of the American Bar Association have proposed legislation to provide for judicial review of signing statements. These critics assert that the President must veto legislation with which he disagrees, rather than use signing statements to refuse to enforce statutes that he signs into law. This article explores whether Congress can litigate presidential signing statements, concluding that they are not justiciable even if Congress enacts a law granting itself standing to raise such a challenge. Congress might be …

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Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande Sep 2007

Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande

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This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.

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Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner Sep 2007

Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner

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This paper addresses the importance of comparative legal methods for study of comparative procedure.

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Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes Aug 2007

Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes

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No abstract provided.

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Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer Jul 2007

Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer

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In 2001 - 2006, Republican leadership in the legislature circumvented procedural norms to implement an ideological agenda that precluded the minority party from making alternative proposals and voicing criticisms. With the Republican majority in the Senate falling to 50-50 in 2000, President Bush's assumption of office, despite having lost the popular vote, set the tone for what would become an era of illegitimate procedural reform cloaked in secrecy and deniability. Through closed-door conferences and closed-rules, Republican leadership in the House and Senate turned the clock back on civil liberties, passed unfavorable and convoluted tax cuts, and used transformed health care …

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At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard Jul 2007

At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard

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Review of ANGELA J. DAVIS, ARBITRARY JUSTICE (Oxford University Press, Inc. 2007) 264 pp.

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Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard Jul 2007

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard

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This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.

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The Press As An Interest Group: Mainstream Media In The United States Supreme Court, Eric Easton Jul 2007

The Press As An Interest Group: Mainstream Media In The United States Supreme Court, Eric Easton

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There can be little doubt that the institutional press is an interest group to be reckoned with in the Supreme Court, its aversion to such a designation notwithstanding. Over the past century, and especially since 1964, the press has secured for itself the greatest legal protection available anywhere in the world. While some of that protection has come from Congress, by far the greatest share has come from the Supreme Court's expansive interpretation of the First Amendment's Press Clause. Although the role of the press in American politics has been studied extensively for nearly two centuries, the role of the …

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Rethinking School Lunch, J. Amy Dillard May 2007

Rethinking School Lunch, J. Amy Dillard

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No abstract provided.

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The Confrontation Clause After Crawford V. Washington Montgomery County State's Attorney's Office, Lynn Mclain May 2007

The Confrontation Clause After Crawford V. Washington Montgomery County State's Attorney's Office, Lynn Mclain

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No abstract provided.

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Some Learning Opportunities From The Imus Affair, Kenneth Lasson Apr 2007

Some Learning Opportunities From The Imus Affair, Kenneth Lasson

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The author discusses the broader issues of free speech under the surface of the Don Imus affair, where that commentator made a gratuitous slur about the Rutgers women's basketball team. He balances this gaff against the good deeds of the same personality, comparing this with similar provocative remarks made by other well-known public figures. The media is cited for an overreaction to the Imus incident, and all these components are discussed in light of what free speech means.

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Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes Apr 2007

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes

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At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.

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Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner Apr 2007

Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner

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Americans are resigned to a high level of legal indeterminacy. This Article shows that Europeans do not accept legal indeterminacy and instead have made legal certainty a general principle of their law. This Article uses the example of the German legal system to show how German legal methods strive to realize this general European principle. It suggests that these methods are opportunities for Americans to develop their own system to reduce legal indeterminacy and to increase legal certainty.

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Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman Apr 2007

Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman

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Since 1996, the federal government has undertaken major initiatives to fund religious organizations to deliver social services. These programs, called charitable choice, continue to expand and now account for over $2 billion in social welfare spending. However, charitable choice blurs the lines between church and state and is thus highly controversial. This article reflects on ten years of experience with charitable choice and assesses the impact and effectiveness of these programs. There is little empirical evidence that faith-based social services are superior to secular programs. Moreover, religious grantees, and congregations in particular, are often unable to manage large federal grants …

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Passover And Jonathan Pollard, Kenneth Lasson Apr 2007

Passover And Jonathan Pollard, Kenneth Lasson

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No abstract provided.

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What's Left Standing? Feca Citizen Suits And The Battle For Judicial Review, Kimberly L. Wehle Apr 2007

What's Left Standing? Feca Citizen Suits And The Battle For Judicial Review, Kimberly L. Wehle

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This Article discusses standing to sue the FEC with two principal objectives. First, it attempts to frame the doctrinal inconsistencies between Lujan and Akins that have given rise to ongoing FECA standing litigation and concludes that the Supreme Court should acknowledge its repudiation of Lujan in cases seeking election-related information. Second, it explores the question whether courts may be statutorily required to consider citizen challenges to FEC enforcement actions as a matter of justiciability theory in the first instance, and concludes that courts should turn to the oft-overlooked Akins decision in lieu of Lujan in reviewing suits brought under citizen-suit …

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If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman Apr 2007

If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman

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This article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including the 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as do the President's executive orders. The core question the article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …

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Recognition Long Overdue, F. Michael Higginbotham Mar 2007

Recognition Long Overdue, F. Michael Higginbotham

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In 2007, the Tuskegee Airmen, black pilots during World War II, were awarded the Congressional Gold Medal. While individuals have been recognized for such service, this was the first time a group had been honored. This article argues that the recognition, while late, was appropriate.

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After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham Mar 2007

After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham

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In 1857, the Supreme Court rendered a decision in Dred Scott v. Sandford, declaring that it had no jurisdiction to hear Dred Scott's claim to freedom because he was black and, therefore, not a citizen of the United States. This article argues that not only was the decision morally reprehensible, it was also based on an erroneous interpretation of the Constitution.

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Evidence Issues In Employment Cases Ali-Aba And Georgetown Cle, Lynn Mclain Feb 2007

Evidence Issues In Employment Cases Ali-Aba And Georgetown Cle, Lynn Mclain

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No abstract provided.

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How Administrative Law Halted The Death Penalty In Maryland, Arnold Rochvarg Jan 2007

How Administrative Law Halted The Death Penalty In Maryland, Arnold Rochvarg

University of Baltimore Law Forum

No abstract provided.

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A Tribute To Roger D. Groot: Always Mr. Groot, J. Amy Dillard Jan 2007

A Tribute To Roger D. Groot: Always Mr. Groot, J. Amy Dillard

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No abstract provided.

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Os Fundamentos Republicanos Do Direito Internacional Público, Mortimer N.S. Sellers Jan 2007

Os Fundamentos Republicanos Do Direito Internacional Público, Mortimer N.S. Sellers

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No abstract provided.

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Doktrina Precedenta U Sjedinjenim AmeričKim DržAvama (The Doctrine Of Precedent In The United States Of America), Mortimer N.S. Sellers Jan 2007

Doktrina Precedenta U Sjedinjenim AmeričKim DržAvama (The Doctrine Of Precedent In The United States Of America), Mortimer N.S. Sellers

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No abstract provided.

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