Law Commons^™

New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger

All Faculty Scholarship

We construct our conceptual world using metaphors. Yet sometimes our concepts are flawed and our metaphors do damage. This Article examines a set of metaphors currently doing damage in law – those for legal research. It shows that while technology has radically altered the material world of legal research, our dominant metaphors have remained static, and thus, become outmoded. Conceptualizing today’s reality using old metaphors fails; it is like pouring new wine in old wineskins. To address this problem, this Article first surfaces unwarranted assumptions buried in the metaphors we use when talking about research and then proposes new metaphors …

A Case Study: Law And Emotions Within The Kingdom Of The Netherlands, Nanneke Quik-Schuijt, Irene Broekhuijse

University of Baltimore Journal of International Law

Whether you are a Christian or not, you cannot deny the truth of the proverb “[a] brother offended is more unyielding than a strong city, and quarrelling is like the bars of a castle,”1 especially when you study the constitutional relationship between the Netherlands and its former colonies Aruba, Curacao, and St. Maarten.

The Netherlands, Aruba, Curacao and St. Maarten are four countries that together constitute the Kingdom of the Netherlands.2 These countries feel so wronged by one another that emotions often take over. In July 2014, for instance, the Prime Minister of Aruba desperately went on a hunger strike …

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …

Myths About Women’S Careers In Law, Patricia M. Wald

University of Baltimore Journal of International Law

Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …

Introduction: Special Issue On Law, Kenneth Lasson

All Faculty Scholarship

Just as ensuring civil liberties for all requires eternal vigilance, so combating antisemitism is a never-ending quest. But the continuous monitoring of antisemitic incidents—a critical exercise that this journal painstakingly reflects in its “Antisemitica” feature—is merely the beginning of the everlasting effort to limit them. Bigotry comes in many guises and is a constantly evolving target, exposing the limitations of law and the frustrations of justice.

Thus, even in civilized societies where equality under the law is a guiding principle, legal remedies for discrimination are insufficient in and of themselves. They must be accompanied by purposeful good-will and a firm …

Fortuity And Forensic Familial Identification, Natalie Ram

All Faculty Scholarship

On July 7, 2010, Los Angeles police announced the arrest of a suspect in the Grim Sleeper murders, so called because of a decade-long hiatus in killings. The break in the case came when California searched its state DNA database for a genetic profile similar, but not identical, to the killer’s. DNA is inherited in specific and predictable ways, so a source-excluding partial match might indicate that a close genetic relative of the matching offender was the Grim Sleeper. California’s apparent success in this case has intensified interest in policymaking for source-excluding partial matching. To date, however, little information about …

The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane

All Faculty Scholarship

A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most because it allows for settled expectations, promotes investment, and fulfills a psychological need for predictability. Despite the symbolic image, property is home to principles that promote instability, albeit a stable instability. This Article considers an overlooked but fundamental issue: the recurring instability experienced by minority property owners in ownership of their homes. This is not an instability one might attribute solely to insufficient financial resources to retain ownership, but instead reflects an ongoing pattern, exemplified throughout the twentieth century, of purposeful involuntary divestment of …

Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson

All Faculty Scholarship

This article concerns the concepts of employee harm and harm avoidance within the liability framework for hostile work environment sexual harassment by a supervisor. Whether an employer is liable for supervisor sexual harassment depends in part on whether or not the employee avoids her harm or mitigates her damages resulting from the sexual harassment. Despite the law's interest in employee's harm avoidance, courts have failed to fully explore the vast array of harms resulting from sexual harassment and the variety of ways in which an employee avoids these multiple harms. This article reframes the legal discussion of an employee's actions …

The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels

All Faculty Scholarship

There has been in recent years and there continues to be intense debate around the country about whether to open original birth records to adult adoptees. Our understanding of the legal history relevant to the debate has been incomplete and inaccurate. According to this understanding, the state laws that closed court and birth records to the parties to adoptions generally closed these records for all time to all parties; the laws had a primary purpose of insuring lifelong anonymity for birth parents; and the laws became nearly universal by about the middle of the twentieth century. In fact, the history …

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

An Ethical Education: Community And Morality In The Multicultural University, Mortimer N.S. Sellers

Books

This book considers the ethical basis of fundamental university policies with special emphasis on how issues of community and diversity influence education. The authors raise four central questions in this volume:

- What should the aims of universities be, given their changed demography?

- How should university curricula reflect multicultural society?

- Does the new environment require special treatment of campus speech?

- What role should affirmative action play in promoting diversity or community in the academy?

The Copyright Notice Requirement In The United States: A Proposed Amendment Concerning Deliberate Omissions Of Notice, Lynn Mclain

All Faculty Scholarship

Outside the United States, many countries take the position that an

author owns the copyright to his or her work simply by virtue of having

created it; copyright protection is not conditioned on compliance with

notice or other formalities. 1 The United States, however, has historically

required copyright notice to be placed on works which are published.

Judge Friendly succinctly explained the American position: "The notice

requirement serves an important public purpose; the copyright proprietor

is protected so long and only so long as he gives effective warning to

trespassers that they are entering on forbidden ground.

Commentary: Taking The Law Firm-Ly Into His Own Hands, Mike Royko

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Case Note: Sexual Harassment In Employment-Violation Of Anti-Discrimination Laws Even With No Victim Loss Of Job Benefits. Bundy V. Jackson, No. 79-1693, (D.C. Circuit, Jan. 12, 1981)., Linda Lee Panlilio

University of Baltimore Law Forum

No abstract provided.

Hypnosis And The Law, Emmanuel Levin

University of Baltimore Law Forum

An aura of the occult surrounds the mention of hypnosis. As a result, hypnotism is rarely used in court. Although tainted by its sideshow reputation, hypnosis, when applied properly, can substantially aid both the investigation and litigation stages of law enforcement.

Hypnosis And The Law, Paul A. Dorf

University of Baltimore Law Forum

Hypnosis and the law have a rather tedious history. Courts all over the country consistently have held inadmissible statements of a defendant, made out of court, while under hypnosis. The rationale is not too difficult to comprehend. Critics of hypnosis as an investigative tool belittle its reliability. They will present cases in which evidence gained through hypnosis turned out to be unreliable. This reluctance to acceptance still may be fostered by antiquated notions. In short, hypnosis was once looked upon as a kind of vaudeville gag, or worse, as a demonic device to control a person's mind. And while reliability …

Decedents' Rights: The State Of The Law, Jeffrey S. Kluger

University of Baltimore Law Forum

No abstract provided.

The Right Of A Corporate Director To Inspect Records Under Maryland Law, William Wilburn

University of Baltimore Law Forum

No abstract provided.

Women And The Law: Family Abuse - Wife Beating, Susan Schmoldt

University of Baltimore Law Forum

No abstract provided.

Women And The Law: Equal Credit Opportunity Act, Shelly E. Mintz

University of Baltimore Law Forum

No abstract provided.

Women And The Law: The Equal Rights Amendment, Janet Stilwell

University of Baltimore Law Forum

No abstract provided.

Women And The Law: Title Ix, Jana H. Guy

University of Baltimore Law Forum

No abstract provided.

Women And The Law: Lesbian Mother Custody Fights, Kathleen M. Howard

University of Baltimore Law Forum

No abstract provided.

The United States Maritime Industry: A Transnational Application Of U.S. Statutory Law, D. W. Lenehan

University of Baltimore Law Forum

No abstract provided.

Women And The Law Seventh National Conference, Jane E. Swanson

University of Baltimore Law Forum

No abstract provided.

The Night Side, David King

University of Baltimore Law Forum

No abstract provided.

On The Origins Of Islamic Law, T. W. Lapin

University of Baltimore Law Forum

No abstract provided.

The Night Side, David King

University of Baltimore Law Forum

No abstract provided.