Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 93

Full-Text Articles in Law

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller Dec 2010

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller

All Faculty Scholarship

Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of …


"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker—And The Role Of The Due Process Clause, Lynn Mclain Nov 2010

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker—And The Role Of The Due Process Clause, Lynn Mclain

All Faculty Scholarship

A woman tells her roommate that she is going out to dinner with Frank that evening. The next morning her battered body is found along a country road outside of town. In Frank’s trial for her murder, is her statement to her roommate admissible to place Frank with her that night? Since the Court’s 2004 Crawford decision, the confrontation clause is inapplicable to nontestimonial hearsay such as this.

American jurisdictions are widely divided on the question of admissibility under their rules of evidence, however. Many say absolutely not. A sizeable number unequivocally say yes. A small number say yes, but …


Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros Oct 2010

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros

All Faculty Scholarship

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child. I argue that procedures for issuing protective orders …


Reinventing The Eeoc, Nancy M. Modesitt Oct 2010

Reinventing The Eeoc, Nancy M. Modesitt

All Faculty Scholarship

The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes …


The Intel And Microsoft Settlements, Robert H. Lande Sep 2010

The Intel And Microsoft Settlements, Robert H. Lande

All Faculty Scholarship

This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.


All Of The Economic Aid The U.S., Eu, And Japan Give To The Developing World Is Stolen Back By Our Illegal Price-Fixing Cartels, Robert H. Lande Aug 2010

All Of The Economic Aid The U.S., Eu, And Japan Give To The Developing World Is Stolen Back By Our Illegal Price-Fixing Cartels, Robert H. Lande

All Faculty Scholarship

This compares the magnitudes of two forms of economic interaction between the developed and developing world. The first is the amount of economic foreign aid provided by the developed world to the developing world during a single year. The second is an estimate of the yearly amount that illegal price fixing cartels, comprised of companies from the U.S., the EU, and Japan, overcharge – steal! – from purchasers in these same countries. This comparison shows these amounts are roughly equivalent. If anything, cartels probably steal more from the developing world than the developed world gives them in economic assistance.

This …


Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger Jul 2010

Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger

All Faculty Scholarship

No abstract provided.


Recurring Nightmares? Evidence Issues That Keep Coming Back In Employment Cases, Lynn Mclain Jul 2010

Recurring Nightmares? Evidence Issues That Keep Coming Back In Employment Cases, Lynn Mclain

All Faculty Scholarship

No abstract provided.


Morgens: More Qtip Mischief, Wendy G. Gerzog Jul 2010

Morgens: More Qtip Mischief, Wendy G. Gerzog

All Faculty Scholarship

In Morgens, the court ruled in favor of the government that section 2035(b) applied to the gift taxes paid by the qualified terminable interest property (QTIP) trust beneficiaries to gross up the widow’s estate by that amount. Because the surviving (or donee) spouse must be taxed on the underlying property over which she has no ownership rights, Congress enacted section 2207A to allow the second spouse to recover from the beneficiaries of the property the transfer taxes relating to her gift or estate inclusion. However, the court held that section 2207A did not shift the gift tax liability to those …


A More Humane Vision Of Family Law: Holistic Approach Needed To Shield Children From The Trauma Of Breakups, Barbara A. Babb, Mitchell K. Karpf Jul 2010

A More Humane Vision Of Family Law: Holistic Approach Needed To Shield Children From The Trauma Of Breakups, Barbara A. Babb, Mitchell K. Karpf

All Faculty Scholarship

No abstract provided.


Criminal Practice Developments In Maryland Evidence Law And Confrontation Clause Jurisprudence, Lynn Mclain Jul 2010

Criminal Practice Developments In Maryland Evidence Law And Confrontation Clause Jurisprudence, Lynn Mclain

All Faculty Scholarship

This paper was prepared as a handout for a presentation given on July 9th., 2010 to staff at the Harford County Public Defender’s Office, Bel Air, MD. The specific sections of the paper are: Discovery of Witnesses’ Identities: Protective Orders; Jury Selection; Communications from Jurors; Preservation of the Record: Rules 4-323, 5-103, and 5-702; Judicial Notice: Rule 5-201; Balancing Risk of Unfair Prejudice and Confusion against Probative Value: Rule 5-403; Character Evidence; Fifth Amendment Privilege: Miranda; Competency of Witnesses: Rule 5-601; Impeachment by Prior Convictions: Rule 5-609; Questioning by Court: Rule 5-614; Expert Testimony: Rules 5-702 – 5-706; Hearsay; The …


Presidents, Preemption, And The States, Michele E. Gilman Jul 2010

Presidents, Preemption, And The States, Michele E. Gilman

All Faculty Scholarship

Early in his administration, President Obama issued a memorandum about preemption that ordered federal agencies to fully consider state interests before preempting state laws. The Obama memorandum was a rebuke to the Bush Administration, which had regularly inserted preemption provisions into federal regulations in areas affecting health, consumer safety, and the environment. As a result of preemption, state laws could not be more protective than federal standards, and corporations were spared state tort lawsuits and state regulatory regimes. Preemption not only tends to pit corporate interests against the public welfare, but it can also undermine federalism. There is currently a …


Flp In The Black, Wendy G. Gerzog Apr 2010

Flp In The Black, Wendy G. Gerzog

All Faculty Scholarship

In Estate of Black, because the Tax Court held the Blacks' transfers fell within the bona fide sales exception of section 2036, they were successful at avoiding the application of the provision. Thus, they were able to obtain valuation discounts for their transfers of property (mostly marketable securities) to their son and grandchildren. The court also decided the marital trust funding valuation date issue in the executor's favor and allowed almost half of the claimed administrative expense deductions.


Pleading And Access To Civil Procedure: Historical And Comparative Reflections On Iqbal, A Day In Court And A Decision According To Law, James Maxeiner Apr 2010

Pleading And Access To Civil Procedure: Historical And Comparative Reflections On Iqbal, A Day In Court And A Decision According To Law, James Maxeiner

All Faculty Scholarship

The Iqbal decision confirms the breakdown of contemporary American civil procedure. We know what civil procedure should do, and we know that our civil procedure is not doing it. Civil procedure should facilitate determining rights according to law. It should help courts and parties apply law to facts accurately, fairly, expeditiously and efficiently. This article reflects on three historic American system failures and reports a foreign success story.

Pleadings can help courts do what we know courts should do: decide case on the merits, accurately, fairly, expeditiously and efficiently. Pleadings facilitate a day in court when focused on deciding according …


Revitalizing The Adversary System In Family Law, Jane C. Murphy Apr 2010

Revitalizing The Adversary System In Family Law, Jane C. Murphy

All Faculty Scholarship

The way in which families resolve disputes has undergone dramatic change over the last decade. Scholars have focused much attention on a number of substantive law changes that have contributed to this transformation. These include the changing definitions of marriage, parenthood, and families. But less attention has been paid to the enormous changes that have taken place in the processes surrounding family dispute resolution. These changes have been even more comprehensive and have fundamentally altered the way in which disputing families interact with the legal system. Both the methods and goals of legal intervention for families in conflict have changed, …


Briefing Cases: Session On Copyright Law, Lynn Mclain Mar 2010

Briefing Cases: Session On Copyright Law, Lynn Mclain

All Faculty Scholarship

This handout contains the decision from Walt Disney Productions v. Air Pirates, 581 F.2d 751 (1978), suggested elements for how to brief a case in general, and an example brief for the Air Pirates case.


Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton Feb 2010

Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton

All Faculty Scholarship

No abstract provided.


Selected Salient Evidentiary Issues In Employment Discrimination Cases, Lynn Mclain Feb 2010

Selected Salient Evidentiary Issues In Employment Discrimination Cases, Lynn Mclain

All Faculty Scholarship

No abstract provided.


Check-The-Box Regs And Gift Tax Discounts, Wendy G. Gerzog Feb 2010

Check-The-Box Regs And Gift Tax Discounts, Wendy G. Gerzog

All Faculty Scholarship

This article discusses the recent Tax Court decision in Pierre and the effect for gift tax purposes of an entity’s classification made under the check-the-box regulations. The court was split on what those regulations mean when they state that an entity is to be disregarded ‘‘for federal tax purposes.’’


Ftc V. Intel: Applying The "Consumer Choice" Framework To "Pure" Section 5 Allegations, Robert H. Lande Feb 2010

Ftc V. Intel: Applying The "Consumer Choice" Framework To "Pure" Section 5 Allegations, Robert H. Lande

All Faculty Scholarship

This short article analyzes the "pure" Section 5 allegations in the recent FTC complaint against Intel. It first shows that Section 5 of the Federal Trade Commission Act is more encompassing than the Sherman Act and why this breath is in the public interest. It next analyzes allegations from the Intel Complaint, showing why each appears to be in the public interest yet might not be permitted by the Sherman Act. It also discusses other advantages that would arise if these charges were litigated under Section 5 rather than the Sherman Act.

The article notes assertions by Intel and others …


Recent Developments: Julian V. Buonassissi: Failure To File A Supersedeas Bond Does Not Render An Appeal Moot When The Purchaser Is Not Bona Fide; Certain Violations Of The Protection Of Homeowners In Foreclosure Act Render A Deed Voidable But Not Void Ab Initio, Ellyn Riedl Jan 2010

Recent Developments: Julian V. Buonassissi: Failure To File A Supersedeas Bond Does Not Render An Appeal Moot When The Purchaser Is Not Bona Fide; Certain Violations Of The Protection Of Homeowners In Foreclosure Act Render A Deed Voidable But Not Void Ab Initio, Ellyn Riedl

University of Baltimore Law Forum

No abstract provided.


Are We Bulletproof?: A Defensive Business Strategy To Protect Health Care Companies From False Claims Act Litigation And Corporate Integrity Agreements, Jim Moye Jan 2010

Are We Bulletproof?: A Defensive Business Strategy To Protect Health Care Companies From False Claims Act Litigation And Corporate Integrity Agreements, Jim Moye

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 41 Number 1 (Fall 2010) Front Matter Jan 2010

University Of Baltimore Law Forum Volume 41 Number 1 (Fall 2010) Front Matter

University of Baltimore Law Forum

No abstract provided.


Consumer Choice As The Best Way To Recenter The Mission Of Competition Law, Robert H. Lande Jan 2010

Consumer Choice As The Best Way To Recenter The Mission Of Competition Law, Robert H. Lande

All Faculty Scholarship

This article will (1) define the consumer choice approach to competition law or antitrust law and show how it differs from other approaches; (2) discuss the types of situations where a consumer choice focus is likely to make a difference in enforcement outcomes, producing better results than the other paradigms; (3) show that another important advantage of using the consumer choice approach would be to nudge decisions in the right direction; and (4) offer a brief overview of implementation issues.

This is a chapter of a forthcoming ASCOLA book, and is a condensation and update of Neil W. Averitt & …


Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson Jan 2010

Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

All Faculty Scholarship

This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …


It's The Law! Applying The Law Is The Missing Measure Of Civil Law / Common Law Convergence, James Maxeiner Jan 2010

It's The Law! Applying The Law Is The Missing Measure Of Civil Law / Common Law Convergence, James Maxeiner

All Faculty Scholarship

It’s the Law! The application of law to facts is a measure of convergence of common and civil law systems of civil procedure that is missing from our program. The previous session addressed “Getting Straight to the Facts” and “Getting Results.” Facts and results are fine, but what of the law and of its application? Should not applying law have pride of place in systems of civil justice? Should not it be the measure of convergence?

The measure of convergence that I propose is whether methods of applying law to facts are converging. Applying law to facts is the principal …


Recent Developments: Bailey V. State: A Warrantless Search And Seizure Is Not Supported By Probable Cause When An Officer Bases It On The Odor Of A Lawful Substance Associated With An Illegal Substance Without The Presence Of Sufficient Corroborating Factors, Rachel Hirsch Jan 2010

Recent Developments: Bailey V. State: A Warrantless Search And Seizure Is Not Supported By Probable Cause When An Officer Bases It On The Odor Of A Lawful Substance Associated With An Illegal Substance Without The Presence Of Sufficient Corroborating Factors, Rachel Hirsch

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Shenker V. Laureate Education, Inc.: Where Corporate Directors Exercise Non-Managerial Fiduciary Duties Beyond Those Enumerated In Section 2-405.1(A) Of The Corporations And Associations Article, They Remain Liable Directly To Shareholders For Any Breach Of Those Fiduciary Duties, David Feliciano Jan 2010

Recent Developments: Shenker V. Laureate Education, Inc.: Where Corporate Directors Exercise Non-Managerial Fiduciary Duties Beyond Those Enumerated In Section 2-405.1(A) Of The Corporations And Associations Article, They Remain Liable Directly To Shareholders For Any Breach Of Those Fiduciary Duties, David Feliciano

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Smigiel V. Franchot: The General Assembly Has The Power To Enact Legislation That Is Contingent Upon Passage Of A Constitutional Amendment Through Popular Vote That Would Allow Slot Machines In Maryland, Matthew Powell Jan 2010

Recent Developments: Smigiel V. Franchot: The General Assembly Has The Power To Enact Legislation That Is Contingent Upon Passage Of A Constitutional Amendment Through Popular Vote That Would Allow Slot Machines In Maryland, Matthew Powell

University of Baltimore Law Forum

No abstract provided.


The Time And Place For "Technology-Shifting" Rights, Max Oppenheimer Jan 2010

The Time And Place For "Technology-Shifting" Rights, Max Oppenheimer

All Faculty Scholarship

Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing "for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" is qualified by the requirement that congressional enactments under the Intellectual Property Clause "promote progress."

The speed of technological change, particularly in the converging fields of computer software, music, video, television, and communications, coupled with the power of technology industry lobbying, have left the statutory balance tilted in favor of rewarding …