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Articles 31 - 60 of 106
Full-Text Articles in Law
Bloodstains On A "Code Of Honor": The Murderous Marginalization Of Women In The Islamic World, Kenneth Lasson
Bloodstains On A "Code Of Honor": The Murderous Marginalization Of Women In The Islamic World, Kenneth Lasson
All Faculty Scholarship
In the real world of the Twenty-first Century, deep biases against women are prevalent in much of Muslim society. Although there is no explicit approval of honor killing in Islamic law (Sharia), its culture remains fundamentally patriarchal. As unfathomable as it is to Western minds, "honor killing" is a facet of traditional patriarchy, and its condonation can be traced largely to ancient tribal practices. Justifications for it can be found in the codes of Hammurabi and in the family law of the Roman Empire. Unfortunately, honor killings in the Twenty-first Century are not isolated incidents, nor can they be regarded …
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael Hayes
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael Hayes
All Faculty Scholarship
Maryland law is not quite a blank slate for employee leave rights-but it is close. While the state forbids employers from terminating employees for job time lost for jury service or attending a court proceeding in response to a subpoena or pursuant to victim's rights laws, Maryland is one of a "select few" that does not require any breaks for adult workers, including time off for meals. Maryland law does not require family or medical leave for private sector workers. In fact, the state's most generous leave law stems from repealing antiquated "blue laws" that required businesses to be closed …
Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson
Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson
All Faculty Scholarship
Civil domestic violence laws do not effectively address and redress the harms suffered by women subjected to domestic violence. The Civil Protective Order (“CPO”) laws should offer a remedy for all domestic abuse with an understanding that domestic violence subordinates women. These laws should not remedy only physical violence or criminal acts. All forms of abuse — psychological, emotional, economic, and physical — are interrelated. Not only do these abuses cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy, but, as researchers have demonstrated, most domestic violence is the fundamental operation …
Integrating Subchapters K And S — Just Do It, Walter D. Schwidetzky
Integrating Subchapters K And S — Just Do It, Walter D. Schwidetzky
All Faculty Scholarship
The Code contains two “pass-through” tax regimes for business entities. One is contained in Subchapter K, which applies to partnerships, the other in Subchapter S, which, unsurprisingly, applies to S corporations. In the main, both Subchapters tax the owners of the entities rather than the entities themselves. Having two pass-through tax regimes creates obvious administrative and other inefficiencies. There was a time when S corporations served a valuable purpose, particularly when taxpayers needed a fairly simple and foolproof pass-through entity that provided a liability shield. But limited liability companies (LLCs), which are usually taxed as partnerships, 1 in most contexts …
Child Custody Evaluations: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, J. Mason Weeda, William A. Mack
Child Custody Evaluations: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, J. Mason Weeda, William A. Mack
All Faculty Scholarship
This review of custody evaluation literature encompasses a number of perspectives gleaned from the following: practitioners who perform the evaluations; the professional organizations that recognize the necessity to establish performance standards for practitioners; and the judges who depend on the findings and recommendations in the evaluations to assist with difficult custody decisions.
General agreement exists among practitioners about the components of a comprehensive evaluation (interviews of adults responsible for child care, interviews of children and their preferences, life histories, observations, psychological testing, document review, and collateral source data), though little consensus exists about the details of performance concerning a given …
Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich
Dan Freed: My Teacher, My Colleague, My Friend, Ronald Weich
All Faculty Scholarship
At a recent meeting of the National Association of Sentencing Commissions, Yale professor Dan Freed was honored during a panel discussion titled "Standing on the Shoulders of Sentencing Giants," Dan Freed is indeed a sentencing giant. but he is the gentlest giant of all. It is hard to imagine that a man as mild-mannered, soft-spoken, and self-effacing as Dan Freed has had such a profound impact on federal sentencing law and so many other areas of criminal justice policy, Yet he has.
I've been in many rooms with Dan Freed over the years — classrooms, boardrooms, dining rooms, and others. …
The President As Scientist-In-Chief, Michele E. Gilman
The President As Scientist-In-Chief, Michele E. Gilman
All Faculty Scholarship
During the Bush Administration, many scientists, both inside and outside of government, asserted that the President was distorting scientific knowledge to achieve political ends. In controlling the scientific output of government agencies, President Bush acted consistently with unitary executive theory. Under this theory, the President can direct the output and discretion of government agencies. This article examines the tension between a unitary executive and government agencies engaged in scientific research and policy making. In particular, the article assesses the legality of two high profile instances in which President Bush allegedly distorted scientific data to achieve his policy objectives: global climate …
The Rule Of Law In Comparative Perspective, Mortimer N.S. Sellers, Tadeusz Tomaszewski
The Rule Of Law In Comparative Perspective, Mortimer N.S. Sellers, Tadeusz Tomaszewski
Books
This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics.
This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power …
The Internationalization Of Law And Legal Education, Jan Klabbers, Mortimer N.S. Sellers
The Internationalization Of Law And Legal Education, Jan Klabbers, Mortimer N.S. Sellers
Books
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
Pollard Languishes, Kenneth Lasson
Is Permitting Student Use Of Laptops In Class A Good Idea? 'It Depends' - A Variety Of Approaches Is Best, Lynn Mclain
Is Permitting Student Use Of Laptops In Class A Good Idea? 'It Depends' - A Variety Of Approaches Is Best, Lynn Mclain
All Faculty Scholarship
An annotated bibliography compiling articles about students' use of technology in law school classes, with a second section discussing Professor McLain's personal experience with classroom technology use.
Revitalizing Section 5 Of The Ftc Act Using “Consumer Choice” Analysis, Robert H. Lande
Revitalizing Section 5 Of The Ftc Act Using “Consumer Choice” Analysis, Robert H. Lande
All Faculty Scholarship
This paper makes two points. First, Section 5 of the FTC Act, properly construed, is indeed significantly broader and more encompassing than the Sherman Act or Clayton Act. Section 5 violations include incipient violations of the other antitrust laws, and also violations of their policy or spirit.
Second, the best - and probably the only - way to interpret Section 5 in an expansive manner is to do so in a way that also is relatively definite, predictable, principled and clearly bounded. This best can be done if Section 5 is articulated using the consumer choice framework. Without the discipline …
Creating Law And Policy With Women's Voices: Feminism In Action, Alicia C. Carra
Creating Law And Policy With Women's Voices: Feminism In Action, Alicia C. Carra
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Bean V. Dep't Of Health & Mental Hygiene: A Committed Person Petitioning For Release From Confinement Is Not Required To Produce Expert Medical Testimony To Meet The Evidentiary Burden, Megan Ellenson
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Doe V. Montgomery County Bd. Of Elections: The Limitations Period For Judicial Review Of Petition Certification Accrues After Aggrievement, And Mandatory Referendum Petition Signature Requirements Apply To Active And Inactive Voters, Christian Kintigh
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Gonzales V. State: Where A Defendant Hires Private Counsel Who Subsequently Fails To Appear At Trial, The Court Cannot Force The Defendant To Either Consent To Substitute Counsel Or Proceed Pro Se, Leslee Tingle
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Gregg V. State: Amendments To The Dna Post-Conviction Statute Apply Retrospectively, Requiring Petitioners To Establish That Post-Conviction Dna Testing Could Provide Exculpatory Or Mitigating Evidence That Is Relevant To Petitoner's Conviction, Robyn Mcquillen
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Mcdowell V. State: Absent Probable Cause, For A Search Of A Container To Be Constitutional, A Police Officer Must Articulate A Reasonable Suspicion That The Container Holds A Weapon And Why A Terry-Type Pat-Down Of The Container Would Be Insufficient To Determine Whether There Are Weapons In The Container, Matthew Powell
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Pines Point Marina V. Rehak: Upon Forfeit Of A Corporate Charter, An Incorporated Council Of Condominium Unit Owners Defaults To An Unincorporated Association, But Retains Its Right To Sue And Be Sued, Robert Miller
University of Baltimore Law Forum
No abstract provided.
Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane
Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane
All Faculty Scholarship
The eminent domain debate, steeped in the language of property rights, currently lacks language and conceptual space to address what is really at issue in today's cities: complex, fundamental disagreements between market and community about Development. The core doctrinal issue presented by development is how can we acknowledge the subordination of citizens who happen to live in areas that are attractive to wealthier citizens. In particular, how should we address the political process failure reflected in the privatized methods of decisionmaking that typify redevelopment? The conceptual language and analytical construct for appropriately addressing these issues come from critical race theory …
Freedom Of Association, The Communist Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson
Freedom Of Association, The Communist Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson
All Faculty Scholarship
Charles Hamilton Houston, the most important civil rights lawyer of the first half of the 20th century who developed the legal strategy in Brown v. Board of Education, ended his fabulous legal career representing a group of Hollywood screen writers known as the Hollywood Ten. See Lawson and Trumbo v. United States, 176 F.2d 49 (D.C. App.1949). In that case convictions and jail sentences were upheld for the defendants' failure to answer questions from the House Committee on Un-American Activities (HCUA) about their views on communism and whether or not each was members of the Communist Party. The matters in …
An Open Letter From Heaven To Barack Obama, F. Michael Higginbotham
An Open Letter From Heaven To Barack Obama, F. Michael Higginbotham
All Faculty Scholarship
Since the passing of A. Leon Higginbotham, Jr. in 1998, many have wondered what the award winning author, longest-serving black federal judge, first black to head a federal regulatory agency, recipient of the Spingarn Medal and the Congressional Medal of Freedom, and author of the famous “Open Letter to Clarence Thomas” would think of the state of race relations today. Appointed to the Federal Trade Commission in 1962, Higginbotham served in several powerful federal positions including Vice-Chairman of the National Commission on the Causes and Prevention of Violence, member of the first wiretap surveillance court, and chief judge of a …
Return Of The Poll Tax: How The Internet Threatens 200 Years Of Progress Toward Equality, Max Oppenheimer
Return Of The Poll Tax: How The Internet Threatens 200 Years Of Progress Toward Equality, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff
Medical Hope, Legal Pitfalls: Potential Legal Issues In The Emerging Field Of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, Teresa K. Woodruff
All Faculty Scholarship
The article will begin its discussion by identifying the values at stake in the field of oncofertility. These values include the constitutional protection of the rights of women and minors to bear children and to use reproduction-assisting technologies, as well as the feminist critique of gendered expectations that may pressure women to use these technologies.
Part III will focus on the medical options of oncofertility. It will also discuss some conditions that may lead otherwise fertile and young patients to lose their ability to bear children as a side-effect of necessary medical treatment. The article will then proceed to discuss …
A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric Easton
A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric Easton
All Faculty Scholarship
In the 1972 case of Branzburg v. Hayes, the Supreme Court held that the First Amendment does not protect journalists who refuse to reveal their confidential sources or news gathering product in response to a federal grand jury subpoena. That decision has remained vital for 35 years and has reverberated through a number of recent high-profile cases. Despite some form of protection in nearly every state court, reporters haled before a federal judge may have no recourse save prison. Devastating as Branzburg has been for the so-called journalist's privilege, its negative impact has been far broader. Branzburg is one of …
Legitimacy And International Adjudicative Bodies, Nienke Grossman
Legitimacy And International Adjudicative Bodies, Nienke Grossman
All Faculty Scholarship
This article proposes a theory of legitimacy tailored to international courts and tribunals. In Part II of this paper, the article defines an "international adjudicative body" as a dispute resolution mechanism - also called a "court" or "tribunal" - which decides disputes between litigants, at least one of whom must be a state, and comments on this definitional choice. The analysis in this article is limited only to adjudicative bodies where states are involved as litigants because a different set of legitimacy-influencing factors may be present when only private parties are involved. Next, it lays out a theory of legitimacy …
The Influence Of Marcus Tullius Cicero On Modern Legal And Political Ideas, Mortimer N.S. Sellers
The Influence Of Marcus Tullius Cicero On Modern Legal And Political Ideas, Mortimer N.S. Sellers
All Faculty Scholarship
Marcus Tullius Cicero is the father of modern law and politics. Cicero's influence was significant throughout subsequent European history, but never so much nor so directly as in the emergence of modernity and in the development of modern law and constitutional government. The early moderns became faithful apostles of Cicero's thought and ideals because their world and political circumstances were in many ways closer to those of Cicero than to those of any intervening centuries. The influence of Cicero's legal and political ideas on the modern world illustrates the decisive importance that the study of history can have on legal …
Efficient Definition And Communication Of Patent Rights: The Importance Of Ex Post Delineation, William Hubbard
Efficient Definition And Communication Of Patent Rights: The Importance Of Ex Post Delineation, William Hubbard
All Faculty Scholarship
As with any area of law, rights and duties relating to patents should be clearly communicated in an efficient manner. Unfortunately, uncertainty concerning the scope of the rights granted by patents frequently results in expensive litigation. Most proposals for reducing this uncertainty do not examine its root causes and focus only on measures to provide additional clarification in patent applications. Such ex ante proposals are often inefficient because considerable uncertainty is inherent, given the limits of language and of our ability to foresee future developments. In addition, ex ante clarification often would be wasteful because so few patents are valuable …
Foreword Symposium: Having It Our Way: Women In Maryland's Workplace Circa 2027, Margaret E. Johnson
Foreword Symposium: Having It Our Way: Women In Maryland's Workplace Circa 2027, Margaret E. Johnson
All Faculty Scholarship
On November 14, 2007, the University of Baltimore School of Law, the University of Maryland School of Law and the Women's Law Center of Maryland co-sponsored a symposium entitled "Having it Our Way: Women in Maryland's Workplace Circa 2027." The insightful collection of papers in this volume of the University of Maryland Law Journal of Race, Religion, Gender and Class represents the work of employment law scholars, public policy specialists, and activists who presented on the current state of Maryland employment law and discussed Maryland's future. This distinguished group of experts and scholars present several themes: the hope of new …
The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone
The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone
All Faculty Scholarship
This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or offer …