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University of Baltimore Law

2014

Journal

Articles 1 - 30 of 63

Full-Text Articles in Law

Recent Developments: Blue V. Prince George's Cnty.: The Supervisory Employee Exception To The Handgun Law Is Limited To The Enclosed Premises Of The Business In Which The Employee Works, Brittaney Fabiano Jan 2014

Recent Developments: Blue V. Prince George's Cnty.: The Supervisory Employee Exception To The Handgun Law Is Limited To The Enclosed Premises Of The Business In Which The Employee Works, Brittaney Fabiano

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Burris V. State: Expert Witness Testimony Concerning A Defendant's Gang Affiliation Must Create A Nexus Between The Crime And Gang Membership And Any Prejudicial Effect Of The Testimony Must Not Substantially Outweigh The Probative Value, James M. Darrah Jan 2014

Recent Developments: Burris V. State: Expert Witness Testimony Concerning A Defendant's Gang Affiliation Must Create A Nexus Between The Crime And Gang Membership And Any Prejudicial Effect Of The Testimony Must Not Substantially Outweigh The Probative Value, James M. Darrah

University of Baltimore Law Forum

No abstract provided.


Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom Jan 2014

Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom

University of Baltimore Law Forum

The Court of Appeals of Maryland held that a child is considered a third party for purposes of sibling visitation rights. In re Victoria C., 437 Md. 567, 591, 88 A.3d 749, 764(2014). The court further held that the sibling seeking visitation with a minor sibling must first make a prima facie case showing parental unfitness or exceptional circumstances before the court can apply the best interest of the child standard.


Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier Jan 2014

Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier

University of Baltimore Journal of International Law

Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …


Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner Jan 2014

Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner

University of Baltimore Journal of International Law

Over the course of the year 2014, the situation in Ukraine has turned from a domestic political issue involving protests, killings, and the ouster of the former president, into a military confrontation with Russia. At the time of writing (August 2014), Russia has annexed Crimea and is supporting separatists, who are in a state of civil war against the Ukrainian state, in Eastern parts of the country. This conflict is ongoing and an unknown number of civilians have been killed, notably the passengers of the Malaysia Airlines flight MH17, which is thought to have been shot down over the conflict …


After Partition: The Perils Of South Sudan, Mario Silva Jan 2014

After Partition: The Perils Of South Sudan, Mario Silva

University of Baltimore Journal of International Law

The partition of South Sudan from the largest country on the African continent – Sudan, took place on July 9, 2011.1 The northern portion retained the name Sudan while the newly formed southern state would be known as South Sudan. South Sudan became the newest member of the United Nations (UN) with comparatively little infrastructure and limited arrangements for shared sovereignty by the international community. The partition process was undertaken with oversight from the United Nations and the African Union. It was rather idealistically considered a prelude to an enduring peace within this traditionally troubled African region. The former unitary …


University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter Jan 2014

University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter

University of Baltimore Journal of International Law

No abstract provided.


Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock Jan 2014

Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock

University of Baltimore Journal of International Law

The countries of southeastern Asia and China are currently in a territorial dispute over the Spratly and Paracel island chains in the South China Sea. The South China Sea encompasses roughly 1.4 million square miles of the Pacific Ocean, spanning throughout most of southeastern Asia. A majority of the islands located within the sea are uninhabited and have never had an indigenous population, which makes it nearly impossible to track the lineage to determine sovereignty over the islands. Because there has never been an indigenous population on a majority of the islands, there are now competing claims for many of …


Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott Jan 2014

Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott

University of Baltimore Journal of International Law

One of President Barack Obama’s favorite solutions to reducing or halting armed conflict in the world centers around his often-stated desire to rid the world of nuclear weapons. While this simplistic formula for a more peaceful world has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power in a “Game of Thrones” will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to …


Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush Jan 2014

Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush

University of Baltimore Journal of International Law

This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.


University Of Baltimore Law Forum Volume 44 Number 2 (Spring 2014) Front Matter Jan 2014

University Of Baltimore Law Forum Volume 44 Number 2 (Spring 2014) Front Matter

University of Baltimore Law Forum

No abstract provided.


Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul Jan 2014

Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul

University of Baltimore Law Forum

A century ago, personal jurisdiction largely hinged on a simple litmus test: the defendant’s presence in the forum state. The issue of personal jurisdiction gained prevalence as the nation evolved from its earlier days of detached, semi-sovereign entities, whose citizens rarely interacted, to a nation where interstate commerce had increased, with interstate litigation growing correspondingly. In Pennoyer v. Neff, the Supreme Court of the United States effectively limited a state’s jurisdiction to persons physically present within its territorial borders. However, in today’s increasingly interconnected world, physical presence appears to represent an anachronism set in the post-Civil War, horse-and-buggy America of …


University Of Baltimore Journal Of Land And Development Volume 3 Number 2 (Spring 2014) Jan 2014

University Of Baltimore Journal Of Land And Development Volume 3 Number 2 (Spring 2014)

University of Baltimore Journal of Land and Development

No abstract provided.


Keeping A Foot In Each Camp: Adequate Public Facilities Ordinances As Both A Concurrency Tool And Means Of Generating Revenue, Andrew Balashov Jan 2014

Keeping A Foot In Each Camp: Adequate Public Facilities Ordinances As Both A Concurrency Tool And Means Of Generating Revenue, Andrew Balashov

University of Baltimore Journal of Land and Development

In late 2012 a bitter war was waged in a small Maryland town. Newspapers portrayed it as a David and Goliath type story; rural residents fighting big business developers to keep them from destroying their small town's charm and character. Yet underlying the conflict were commonplace issues of land use and planning, governed by a little known, yet surprisingly ubiquitous law, known as an Adequate Public Facilities Ordinance. To set the scene Frederick County, Maryland is like many other counties across the United States that are coping with the effects of growth and demographic change. In decades past its residents …


The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball Jan 2014

The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball

University of Baltimore Journal of Land and Development

America is at a pivotal moment in maintaining and modernizing its public infrastructure. Our nation's roads, bridges, water systems and energy networks have long been in poor repair. Much of the country's public infrastructure was put into place over fifty years ago, and many of these systems are simply overwhelmed or worn out. Infrastructure that is in poor condition or disrepair is mostly a hidden problem until it inconveniently stops working or worse, when ghastly consequences ensue from catastrophic failures.


Cashing In On Green: Casino Development And Sustainability, Emily Mikles Jan 2014

Cashing In On Green: Casino Development And Sustainability, Emily Mikles

University of Baltimore Journal of Land and Development

The development of the Horseshoe Casino in Baltimore, MD has created its fair share of contention and controversy for local residents. The typical residential concerns surrounding casino development- disparate impacts on surrounding businesses, employment concerns, and economic impact-are not raising eyebrows in the Baltimore area; rather, residents are concerned about the environmental impacts of the casino construction and development project. Several lawsuits have been filed attempting to halt casino construction due to the chemical contaminants that are seeping into the soil and into the bay through storm drains. These suits raise an interesting issue that some state legislatures and casino …


University Of Baltimore Journal Of Land And Development Volume 4 Number 1 (Fall 2014) Front Matter Jan 2014

University Of Baltimore Journal Of Land And Development Volume 4 Number 1 (Fall 2014) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.


Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein Jan 2014

Comments: An Unnecessary "Solution": High-Performance Market-Rate Rental Housing, David Hornstein

University of Baltimore Journal of Land and Development

On April 11, 2013, new rules and regulations regarding Baltimore City's property tax credits became effective. Similar to the payments in lieu of taxes program (PILOT), Baltimore City has enacted rules and regulations that afford property owners a major tax credit for developing and, or converting current buildings into high-performance market-rate rental housing. Baltimore City Mayor, Stephanie Rawlings- Blake, is optimistic about the tax credit, believing the credit will spur development within Baltimore City. The city believes that development projects will attract new residents to Baltimore City, as well as deter current residents from leaving the city for areas that …


Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner Jan 2014

Settlement Equals Another Missed Opportunity For The Supreme Court To Define Disparate Impact Claims Under The Fair Housing Act, Erika Flaschner

University of Baltimore Journal of Land and Development

In 2003, the New Jersey Township of Mount Holly designated a neighborhood known as the Gardens as a blighted, high crime area, and called for its redevelopment. The Township adopted a plan to demolish the Gardens and replace it with new residential units, of which only a fraction were designated for affordable housing. However, the predominately minority population of the Gardens filed suit to overturn the blight designation and stop the redevelopment plan on the grounds that the plan violated the Fair Housing Act (FHA) on a disparate impact theory.


Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin Jan 2014

Comments: Baltimore City's Green Building Standards, Building Towards An Uncertain Future, Gregory Franklin

University of Baltimore Journal of Land and Development

In August 2007 the Baltimore City Council passed Council Bill 07-0602 mandating that newly built and "extensively modified" buildings over 10,000 square feet comply with "Green Building Standards." This law is considered among the first and most extensive green building codes to be passed so far in the United States. This law has not surprisingly sparked praise and criticism. While the law has been praised for its potential environmental benefits, it has also been criticized on the grounds that it is stricter than the laws of surrounding jurisdictions and has made building in Baltimore excessively expensive. Moreover, the law has …


Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public, Marc Knapp Jan 2014

Promise Vs. Performance: Why Public Subsidies Of Private Development Are Not Likely To Produce Fair Returns To The Taxpaying Public, Marc Knapp

University of Baltimore Journal of Land and Development

On September 10, 2013, the Baltimore City Council gave final approval to Harbor Point, a $1 billion multi-use project to be built on a vacant, remediated brownfield that juts into Baltimore's Inner Harbor. Like many urban development or redevelopment projects, Harbor Point will be supported by significant taxpayer subsidies. Between a $107 million direct investment in project-related infrastructure largely parks that will surround the to-be-built offices, shops and residences, and a waterfront promenade - along with a mixed bag of real estate and income tax incentives, the visible public support to Harbor Point will exceed $200 million, 20% of projected …


Thank You Sir, May I Have Another: The Issue Of The Unsustainablity Of Low Income Housing Tax Credits And Proposed Solutions, John Baber Jan 2014

Thank You Sir, May I Have Another: The Issue Of The Unsustainablity Of Low Income Housing Tax Credits And Proposed Solutions, John Baber

University of Baltimore Journal of Land and Development

The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the program's inception in 1986 through 2007. However, despite its monumental size and impact, the program has some potentially fatal flaws that threaten the long-term financial and physical viability of the very affordable housing that it creates, and threatens the health of the neighborhoods that it is created in. Affordable …


Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis, Brian Cullin Jan 2014

Taking On Water: Local Government, Eminent Domain, And The Foreclosure Crisis, Brian Cullin

University of Baltimore Journal of Land and Development

The 2008 Financial Crisis and the ensuing Great Recession sent shockwaves throughout the U.S. and global economy, wreaking havoc from Wall Street to Main Street. The Crisis harkened economic contraction, high unemployment, and elevated rates of home foreclosure. While the financial industry recovered, spelling an end to one crisis, another continues - the Foreclosure Crisis. The rate of home foreclosure, already ominously on the rise before 2008 and growing in intensity and breadth in the aftermath of the Financial Crisis, provides the foundation for this paper. This article examines an innovative public-private partnership between a private firm, Mortgage Resolution Partners …


Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy, Emily K. Alt Jan 2014

Comments: What's Yours Is Ours? Gamete Donation In The Marital Context: Why Courts And Legislatures Should Not Interfere With An Individual's Fundamental Right To Privacy, Emily K. Alt

University of Baltimore Law Review

No abstract provided.


Comments: The Illegal Immigrant Tax: Evaluating State Remittance Taxes Under The Dormant Commerce Clause And The Equal Protection Clause, Meredith Cipriano Jan 2014

Comments: The Illegal Immigrant Tax: Evaluating State Remittance Taxes Under The Dormant Commerce Clause And The Equal Protection Clause, Meredith Cipriano

University of Baltimore Law Review

No abstract provided.


Determining The Preemptive Effect Of Federal Law On State Statutes Of Repose, Adam Bain Jan 2014

Determining The Preemptive Effect Of Federal Law On State Statutes Of Repose, Adam Bain

University of Baltimore Law Review

No abstract provided.


What Can Comparative Legal Studies Learn From Feminist Legal Theories In The Era Of Globalization, Dana Raigrodski Jan 2014

What Can Comparative Legal Studies Learn From Feminist Legal Theories In The Era Of Globalization, Dana Raigrodski

University of Baltimore Law Review

This article re-examines the field of comparative law and comparative legal studies through the lens of feminist legal theories/studies (FLT). It suggests that lessons learned from the development of FLT and insights from shared epistemology and methodology within FLT can inform the ongoing controversies within comparative legal studies and provide comparative legal scholars and practitioners with the tools to maximize the benefits of comparative legal studies in the era of increasing global interdependence.


Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb Jan 2014

Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb

University of Baltimore Law Review

No abstract provided.


Maryland Repeals The Death Penalty, But Leaves Five On Death Row: What Has The State Learned From Kirk Bloodsworth?, Meredith Lenore Pendergrass Jan 2014

Maryland Repeals The Death Penalty, But Leaves Five On Death Row: What Has The State Learned From Kirk Bloodsworth?, Meredith Lenore Pendergrass

University of Baltimore Law Forum

No abstract provided.


Citizen Journalists & The Right To Gather News: Why Maryland Needs To Acknowledge A First Amendment Right To Record The Police, Kristine L. Dietz Jan 2014

Citizen Journalists & The Right To Gather News: Why Maryland Needs To Acknowledge A First Amendment Right To Record The Police, Kristine L. Dietz

University of Baltimore Law Forum

No abstract provided.