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Book Review: Body Banking From The Bench To The Bedside, Natalie Ram Dec 2015

Book Review: Body Banking From The Bench To The Bedside, Natalie Ram

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How much is a kidney worth? An ounce of breast milk? Genetic material from an individual facing a Parkinson's diagnosis? In today's America, it depends on who is selling. One might think that such body products are beyond value or that their value depends on the individual characteristics of the supplier. But under existing American law and practices, what matters more is whether the seller is also the supplier of that body product, or whether the seller is another entity, such as a pharmaceutical company, hospital, or biobanker.


How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar Nov 2015

How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar

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Kenny Johnson1 was thirty-two years old when he was released from a Baltimore City jail— almost three years after his arrest in October 2012. Johnson was not serving a sentence, but these three years were spent under pretrial detention. He had been denied bail. Johnson’s case was a rollercoaster of delays and uncertainty, particularly towards the end of his pretrial incarceration. The need for certainty convinced Johnson to plead guilty—he could not stand knowing that his pretrial incarceration could be indefinite and he wanted to be sure he was going home, guilty or not guilty.

Between the time he was …


Faced With Crisis: The Importance Of Establishing A Comprehensive Crisis Management Plan, David E. Matchen Jr., Jason Hawkins Nov 2015

Faced With Crisis: The Importance Of Establishing A Comprehensive Crisis Management Plan, David E. Matchen Jr., Jason Hawkins

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By now, the story surrounding the death of Baltimore man Freddie Gray while in police custody is common knowledge. A series of protests afterward and emergency responses by state and local governments turned the lives of many of Baltimore’s residents upside-down for more than a week in late April and early May, including the staff at the law libraries at the University of Baltimore School of Law (UB Law) and the Thurgood Marshall Law Library at the University of Maryland Francis King Carey School of Law (Carey Law). The mood got progressively uglier as the days wore on until, just …


Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller Oct 2015

Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller

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This Essay seeks to explore whether there is a regulatory tipping point for sports-the point at which the government will take action to address a perceived problem in sports-and if so, what the circumstances are that generate such a moment. Such an issue is particularly important now. Troubling stories about athletes' health and well-being and the consequences of our most beloved games are nothing new. Reports of the effects of sports concussions, exploitation of college athletes, and other examples of the harms wrought by the "win at all costs" mentality dominate sports headlines and prompt calls for meaningful change. Many …


Deferred Action: Considering What Is Lost, Elizabeth Keyes Oct 2015

Deferred Action: Considering What Is Lost, Elizabeth Keyes

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This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …


The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen Sep 2015

The Surety's Exposure For Wages And Related Liabilities, Lisa D. Sparks, Marc A. Campsen

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A surety faces potential exposure to a multitude of liabilities under payment and performance bonds issued for state and federally funded bonded projects as well as from the express obligations imposed by private common law performance and payment bonds. This paper, however, focuses only on a surety’s potential exposure for wage and related liabilities.

Under federal law, a surety faces possible liability under a Miller Act Payment Bond to laborers for the bonded principal’s failure to pay wages. Union trusts may also recover against a surety under a Miller Act Payment Bond for the bonded principal’s failure to remit union …


Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages, John M. Connor, Robert H. Lande Jul 2015

Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages, John M. Connor, Robert H. Lande

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Antitrust law provides treble damages for victims of antitrust violations, but the vast majority of private cases settle. The average or median size of these settlements relative to the overcharges involved has, until now, been only the subject of anecdotes or speculation. To ascertain what we term "Recovery Ratios," we assembled a sample consisting of every completed private U.S. cartel case discovered from 1990 to mid-2014 for which we could find the necessary information. For each of these 71 cases we collected, we assembled neutral scholarly estimates of affected commerce and overcharges. We compared these to the damages secured in …


Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy Jun 2015

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

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In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …


Niccolò Machiavelli: Father Of Modern Constitutionalism, Mortimer N.S. Sellers Jun 2015

Niccolò Machiavelli: Father Of Modern Constitutionalism, Mortimer N.S. Sellers

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Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that government should serve justice and the common good; second, that government should do so through known and stable laws; …


Dna By The Entirety, Natalie Ram May 2015

Dna By The Entirety, Natalie Ram

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The law fails to accommodate the inconvenient fact that an individual’s identifiable genetic information is involuntarily and immutably shared with her close genetic relatives. Legal institutions have established that individuals have a cognizable interest in controlling genetic information that is identifying to them. The Supreme Court recognized in Maryland v. King that the Fourth Amendment is implicated when arrestees’ DNA is analyzed, and the Genetic Information Nondiscrimination Act protects individuals from genetic discrimination in the employment and health-insurance markets. But genetic information is not like other forms of private or personal information because it is shared — immutably and involuntarily …


Judging Science: The Rewards And Perils Of Courts As Boundary Organizations, Sonya Ziaja, Christopher Fullerton Apr 2015

Judging Science: The Rewards And Perils Of Courts As Boundary Organizations, Sonya Ziaja, Christopher Fullerton

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Courts have become increasingly important arenas for mediating between competing interests in the interpretation and implementation of science-informed public policies. This function becomes particularly pronounced in the deliberations over the implementation of detailed legislative mandates and administrative rules by federal agencies. These public policies often involve complex social-ecological system relationships and become enmeshed in “wicked problems” without clear resolution, and susceptible to intense rounds of litigation. This paper reviews the literature on boundary organizations, which serve the role of intermediary between the scientific community and policymakers, with an emphasis on adaptive decision-making processes in response to high levels of complexity …


A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner Apr 2015

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

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The United States, it is said, is a common law country. The genius of American common law, according to American jurists, is its flexibility in adapting to change and in developing new causes of action. Courts make law even as they apply it. This permits them better to do justice and effectuate public policy in individual cases, say American jurists.

Not all Americans are convinced of the virtues of this American common law method. Many in the public protest, we want judges that apply and do not make law. American jurists discount these protests as criticisms of naive laymen. They …


The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller Apr 2015

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

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Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports …


Rights At Risk In Privatized Public Housing, Jaime Alison Lee Apr 2015

Rights At Risk In Privatized Public Housing, Jaime Alison Lee

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Traditional public housing is dwindling. Federal policy has increasingly encouraged privatization, shifting stewardship of public housing out of the hands of government and into the hands of private, for-profit companies. Privatization in this context has both benefits and risks. A particularly compelling area of study is the attempt by lawmakers to conscript private contractors into serving public policy goals. Private landlords are obligated not merely to provide housing, but to conduct themselves in ways that promote the interests of vulnerable people. The case of public housing suggests that legislative mandates and contractual obligations are not enough to assure this outcome, …


The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson Apr 2015

The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson

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The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.

A careful reading of the history of the framing …


A Justice System Overwhelmed, Colin Starger Feb 2015

A Justice System Overwhelmed, Colin Starger

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No abstract provided.


University Of Baltimore Law Forum Volume 45 Number 2 (Spring 2015) Front Matter Jan 2015

University Of Baltimore Law Forum Volume 45 Number 2 (Spring 2015) Front Matter

University of Baltimore Law Forum

No abstract provided.


The Duty To Preserve Esi (Its Trigger, Scope, And Limit) & The Spoliation Doctrine In Maryland State Courts, Michael D. Berman Jan 2015

The Duty To Preserve Esi (Its Trigger, Scope, And Limit) & The Spoliation Doctrine In Maryland State Courts, Michael D. Berman

University of Baltimore Law Forum

No abstract provided.


Recent Development: State V. Johnson: To Warrant An In Camera Review Of A Victim’S Mental Health Records, A Defendant Must Offer A Factual Predicate To Show A Reasonable Likelihood That The Records Contain Exculpatory Information, April L. Inskeep Jan 2015

Recent Development: State V. Johnson: To Warrant An In Camera Review Of A Victim’S Mental Health Records, A Defendant Must Offer A Factual Predicate To Show A Reasonable Likelihood That The Records Contain Exculpatory Information, April L. Inskeep

University of Baltimore Law Forum

No abstract provided.


Recent Development: State V. Payne: Police Officer Needed To Be Qualified As An Expert Witness To Testify As To The Function Of Cell Phone Towers; Co=Defendants Are Not A Party Opponents For Hearsay Purposes, Allison Terry Jan 2015

Recent Development: State V. Payne: Police Officer Needed To Be Qualified As An Expert Witness To Testify As To The Function Of Cell Phone Towers; Co=Defendants Are Not A Party Opponents For Hearsay Purposes, Allison Terry

University of Baltimore Law Forum

No abstract provided.


Comment: In The Street Tonight: An Equal Protection Analysis Of Baltimore City's Juvenile Curfew, Andrew Middleman Jan 2015

Comment: In The Street Tonight: An Equal Protection Analysis Of Baltimore City's Juvenile Curfew, Andrew Middleman

University of Baltimore Law Forum

The sun is setting on a late-August evening in Baltimore. Children are playing in the gym at an elementary school in Berea, a small neighborhood in East Baltimore. Ulysses Cofield is watching the clock. Cofield keeps the Fort Worth Elementary School gym open late so the neighborhood kids have a place to blow off steam at the end of the day. At 8:30 p.m., he tells a pair of ten-year-olds they must leave so they can be home within the next thirty minutes. Cofield closes the gym for the evening, then scans the block for lingering children; he wants to …


Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos Jan 2015

Recent Development: Garner V. State: The Unit Of Prosecution For Use Of A Handgun In The Commission Of A Crime Of Violence Is The Crime Of Violence, Not The Victim Or Criminal Transaction; The Evidence Corroborated Two Separate Handgun Convictions; And The Trial Court's One-Year Sentence For The Second Use Of A Handgun Conviction Was Illegal, Ashlyn J. Campos

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the unit of prosecution for Section 4-204 of the Maryland Code, Criminal Law Article (“section 4-204”) is the individual crime of violence, not the victim or criminal transaction. Garner v. State, 442 Md. 226, 230, 112 A.3d 392, 394 (2015). The court of appeals further held that separate handgun convictions are permitted when evidence supports multiple crimes or felonies. Id. at 244, 112 A.3d at 402. Finally, the court held that a trial court does not possess the discretion to impose a sentence less than the mandatory five year minimum prescribed by …


Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson Jan 2015

Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson

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No abstract provided.


The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy Jan 2015

The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy

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The rise of women in the legal profession in Maryland was shaped by a wide range of factors, including national, state, and local political and social movements. As one scholar has noted, "[W] omen's lives are complex and .. . region, period, personality, and circumstance crucially influence what a subject is able to make of herself."' In this chapter, I explore how those circumstances-- personal and political-influenced the first group of eight women admitted to the Maryland Bar between 1902 and 1920. These women-Etta Maddox, Anna Grace Kennedy, Emilie Doetsch, Marie Elizabeth Kirk Coles, Mary Virginia Meushaw, Helen F. Hill, …


The Case For Reviving A Statutory Invention Registration System, Max Stul Oppenheimer Jan 2015

The Case For Reviving A Statutory Invention Registration System, Max Stul Oppenheimer

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When Congress overhauled U.S. patent law in 2011, the main debate

focused on the merits (and constitutionality) of converting from the incumbent

first-to-invent system, in effect since 1790, to a first-to-file system. With little

attention or analysis, the statutory overhaul also did away with what was

perceived as a rarely used relic of the pre-Internet era: the Statutory Invention

Registration system. Concluding that the Statutory Invention Registration system

was essentially useless under the outgoing law, Congress eliminated a system

with potentially significant uses under the new law, including uses that would

help redress the disadvantage imposed on U.S. inventors by …


From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson Jan 2015

From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson

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The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …


"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson Jan 2015

"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson

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This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …


The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel Jan 2015

The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel

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International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.


The Costs Of Patent Reform: Early Data And Abuses In The Uneven Playing Field Of Post-Issuance Review, Gregory Dolin Jan 2015

The Costs Of Patent Reform: Early Data And Abuses In The Uneven Playing Field Of Post-Issuance Review, Gregory Dolin

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No abstract provided.


The Holmes School Of Law: A Proposal To Reform Legal Education Through Realism, Robert Rubinson Jan 2015

The Holmes School Of Law: A Proposal To Reform Legal Education Through Realism, Robert Rubinson

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This article proposes the formation of a new law school, the Holmes School of Law. The curriculum of the Holmes School would draw upon legal realism, particularly as articulated by Oliver Wendell Holmes. The proposed curriculum would focus on educating students about "law in fact"—how law is actually experienced. It rejects the idea that legal education should be about reading cases written by judges who not only bring their own biases and cultural understandings to their role, but who also ignore law as experienced, which, in the end, is what law is. This disconnect is especially troubling because virtually all …