Law Commons^™

Discharged And Discarded: The Collateral Consequences Of A Less-Than-Honorable Discharge, Hugh Barrett Mcclean

All Faculty Scholarship

Between 2011 and 2015, 57,141 soldiers, sailors, and airmen were separated from service with less-than-honorable (LTH) discharges for mi­nor misconduct related to mental health problems. These discharges dis­proportionately affected servicemembers of color. These veterans and others like them face daunting reintegration challenges when they return to civilian society, as federal agencies and state governments deny them the benefits that usually facilitate a veteran’s smooth transition to civilian society. This Essay adds to the scholarly discourse on military discharges by comparing these veterans’ plight to that of persons arrested or convicted of criminal offenses, who also suffer from collateral consequences related …

Asking The Menstruation Question To Achieve Menstrual Justice, Margaret E. Johnson

All Faculty Scholarship

Menstruation is a situs of discrimination, oppression, harassment, and microaggression. Employers fire workers for bleeding and experiencing period pain. Schools control menstruating students’ access to bathrooms, products, and menstrual education. Prisons control their residents’ free access to menstrual products. There are both “obvious and non-obvious relationships” between menstrual discrimination and discrimination on the basis of race, gender, class, gender identity, and disability. This Essay suggests we ask the “menstruation question” as part of our examination of all forms of intersectional oppressions and to achieve menstrual justice. For example, if we see something racist, we should ask “where is the menstrual …

Designing Nonrecognition Rules Under The Internal Revenue Code, Fred B. Brown

All Faculty Scholarship

Nonrecognition rules are a prominent feature of the income tax laws and are a source of considerable complexity and tax planning. Included among the nonrecognition rules contained in the Internal Revenue Code are provisions applying to like kind exchanges, corporate formations, corporate reorganizations, parent-subsidiary liquidations, and partnership formations and distributions. The policies that arguably support the nonrecognition rules include the familiar trio of tax policy concerns—efficiency, equity, and tax administration. None of these policies, however, provide a strong basis for most of the nonrecognition rules as currently formulated. The efficiency case generally lacks evidentiary support. The equity case is complicated …

Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper

All Faculty Scholarship

This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …

Recent Developments: Bel Air Carpet, Inc. V. Korey Homes Bldg. Grp., Llc, Daniel Santos

University of Baltimore Law Forum

No abstract provided.

Professors Cure, Academic Support Cares: The Potential Role Of Academic Support In Increasing Graduation Rates At Law Schools At Historically Black Colleges And Universities, Reem Haikal

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Travelocity.Com Lp V. Comptroller, Julia Rowland

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 52, Issue 1 (Fall 2021)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Hunt V. State, Lindsay Keough

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Uthus V. Valley Mill Camp Inc., Chelsea Roberts

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Whittington V. State, Brandon Ewing

University of Baltimore Law Forum

No abstract provided.

Recent Developments: State V. Elzey, Olga Petrovskikh

University of Baltimore Law Forum

No abstract provided.

Recent Developments: United Bank V. Buckingham, Stephanie Yamoah

University of Baltimore Law Forum

No abstract provided.

Is It Time For A New Maryland Longarm Statute?, John A. Lynch

University of Baltimore Law Forum

No abstract provided.

Driving While Poor: Why Maryland Must Stop Suspending Driver's Licenses For Non-Safety Related Traffic Violations, Markisha Dobson

University of Baltimore Law Forum

No abstract provided.

Unmasking The Nineteenth Amendment Centennial Through The Pandemic Lenses Of Liberty, Loss, Masculinity, And Leadership, Jamie R. Abrams

University of Baltimore Law Review

No abstract provided.

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

University of Baltimore Law Review

No abstract provided.

Materializing President Biden’S “Clean Energy Revolution” Through Federal Land Acquisitions, Lisa Blitstein

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review, Volume 51, Issue 1, Fall 2021

University of Baltimore Law Review

No abstract provided.

Lifting The Veil By Covering It: European Prohibitions On The Practice Of Veiling Constitute The Forced Covering Of Muslim Women, C. Scott Maravilla

University of Baltimore Law Review

No abstract provided.

An Incentive For Truth In Influencer Advertising: Enhancing Reporting By Awarding Consumers For Information That Leads To A Successful Enforcement Action, Julianna Felkoski

University of Baltimore Law Review

No abstract provided.

The Authoritative Text As Imperative To Comprehensibility Of Legislation, James Maxeiner

All Faculty Scholarship

The most understandable of texts is of little use as law if it is not clear that it is authoritative. This is the comparative lesson of this essay. American law is—Americans say—indeterminate. American law is indeterminate because American texts, clear as they may be in wording, often are not authoritative; other texts apply too and may be inconsistent. German law is rarely indeterminate in this sense.

This essay identifies in bullet-points some comparative aspects of clarity of American and German law. Why is American law indeterminate? Why is German law not? What, if anything, do these differences …

Climate And Transportation Policy Sequencing In California And Quebec, Sonya Ziaja, Mark Purdon, Julie Witcover, Colin Murphy, Mark Winfield, Genevieve Giuliano, Charles Séguin, Colleen Kaiser, Jacques Papy, Lewis Fulton

All Faculty Scholarship

We compare flexible low-carbon regulations in the transportation sector and their interaction and sequencing with greenhouse gas emissions trading systems in California and Quebec. As momentum builds for greater climate action, it is necessary to better understand how carbon markets and other low-carbon transportation policies influence one another. First, we demonstrate that emissions trading between California and Quebec has been asymmetric, with linking having little influence on carbon prices from California's perspective but leading to a considerable cost reduction from the point of view of Quebec. Second, we present evidence that Quebec has replicated many of California's low-carbon transportation policies …

A More Just, Inclusive Future For Sports, Dionne L. Koller

All Faculty Scholarship

This issue of the Journal of Legal Aspects of Sport (JLAS) was dedicated to women in sports law, with a specific emphasis on inclusiveness and new ideas. For decades, the central focus of the law and policy directed to women and sports was Title IX enforcement and securing opportunities for participation. As we approach Title IX’s 50th anniversary, it is clear that the law has greatly expanded participation opportunities for women and powerfully altered the norms around women and sports. Nevertheless, much work remains. Women and girls still do not enjoy the full measure of equality that Title …

Republicanism: Philosophical Aspects | Republicanismo: Aspectos Filosóficos, Mortimer N.S. Sellers

All Faculty Scholarship

Republicanism is the doctrine that public power should always serve the common good of all those subject to its rule. This raises the question how to do so most effectively, either through particular policies or through constitutional structure (“the republican form of government”). The republican philosophical tradition began with Plato and Aristotle, flowered in the writings of Marcus Tullius Cicero, and reappeared with the revival of learning in such authors as Machiavelli, James Harrington, John Adams, and Immanuel Kant. More recently Philip Pettit, Jürgen Habermas, and others have returned to the republican conception of liberty as nondomination, and how to …

My Family Belongs To Me: A Child’S Constitutional Right To Family Integrity, Shanta Trivedi

All Faculty Scholarship

Every day in the United States, the government separates children from their parents based on their parents’ immigration status, incarceration, or involvement in the child welfare system—and the children have no say in the matter. The majority of these families are racial minorities and economically underprivileged.

Under current law, children’s ability to assert a constitutional right to keep their families free from government intrusion is not always apparent. This is in part because a single piece of Supreme Court dicta has muddied an otherwise clear family integrity doctrine, and many federal circuits are silent on the issue. Further, many children’s …

Student Demands: How Should Law Schools And Their Deans Respond?, Ronald Weich

All Faculty Scholarship

Law students are sometimes caricatured as money-hungry careerists, merely punching their ticket to an outsized law firm salary. Those of us in legal education know that stereotype is entirely invalid. In fact, most students come to law school because they want to make the world a better place.

The death of George Floyd in police custody on a Minneapolis street corner in May 2020 shocked the conscience of the nation. Unsurprisingly, many law students were moved to action and inspired to put their nascent legal skills to work in support of racial justice. Much of their advocacy focused on campaigns …

The Rule Of Law: A Necessary Pillar Of Free And Democratic Societies For Protecting Human Rights, John Bessler

All Faculty Scholarship

This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and from the American and French Revolutions to modern times, the Rule of Law has played a key role in societies around the world. The essay discusses definitions of the Rule of Law, its origins, and its development over time, including in …

Recent Developments: American Radiology Services, Llc V. Reiss, Alexa Mellis

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 51, Issue 2 (Spring 2021)

University of Baltimore Law Forum

No abstract provided.