Law Commons^™

Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary

Legal History Publications

This paper examines the United States Supreme Court case Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), which struck down Maryland’s licensing fee on wholesalers of imported goods. In doing so, the Court reaffirmed its commitment to a national economic policy, instead of a state-centric system. This paper explores the context of the decision, including profiles of the parties involved, the attorneys for both sides, the lower court decisions, and the majority opinion and dissent from the United States Supreme Court. Additionally, this paper follows the lineage of the case through to the present day, examining its doctrinal impact …

Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland

Faculty Scholarship

Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …

Seeing The Justice System Through A Soldier's Eyes: A Call To Action For Maryland To Adopt A Veterans Treatment Court System, Beth Totman

Journal of Health Care Law and Policy

No abstract provided.

Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang

Faculty Scholarship

Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny. For example, Maryland charges less than Pennsylvania and Virginia for some pollutant discharge permits, and the state does not assess permit fees for municipalities despite the resources required to administer those permits. The penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. Maryland law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in …

Coston V. Coston, 25 Md. 500 (Md. 1866): The Plight Of One Family Out Of Many Fighting Apprenticeship In Reconstruction Maryland, Zachary S. Schultz

Legal History Publications

The abolition of slavery in the State of Maryland, pursuant to the Maryland Constitution of 1864, resulted in the emancipation of thousands of black children, who, because of an unrepealed section of the Maryland Black codes, were quickly apprenticed to their former masters under the guise of a legal apprenticeship statute. Within this period of Maryland history is the story of Leah Coston and her two boys, Simon and Washington, who were apprenticed to their former master, Samuel S. Costen, on the Eastern Shore of Maryland. This paper contextualizes the case of Coston v. Coston within the times and provides …

Remarks By Professor Larry S. Gibson On The Occasion Of The Investiture Of Andre M. Davis, Larry S. Gibson

Faculty Scholarship

Remarks by Professor Larry S. Gibson on the Occasion of the Investiture of Andre M. Davis as an Associate Judge of the U.S. Court of Appeals for the Fourth Circuit, April 30, 2010.

Remarks On The Occasion Of The Renaming Of The Robert M. Bell Center For Civil Rights In Education At Morgan State University, Larry S. Gibson

Faculty Scholarship

Remarks presented at the April 28th event honoring Maryland Chief Judge Robert M. Bell and the naming of the Morgan State University’s Center for Civil Rights in Education for the Judge.

Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm

Journal of Health Care Law and Policy

No abstract provided.

Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione

Journal of Health Care Law and Policy

No abstract provided.

Community Voice And Justice: An Essay On Problem-Solving Courts As A Proxy For Change, Brenda Bratton Blom, Julie Galbo-Moyes, Robin Jacobs

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik

Legal History Publications

The following paper first outlines the story behind Mayor v. Fairfield and the procedural progression of the case through the court of equity and the Court of Appeals. Second, the paper discusses nineteenth century medical views on leprosy and infectious diseases and the reluctance of the public to accept these medical views. Finally, the paper analyzes how both medical opinion and public perception impacted public health laws and judicial opinions at the time.

Garitee V. Mayor And City Council Of Baltimore: A Gilded Age Debate On The Role And Limits Of Local Government, Kevin Attridge, James Risk

Legal History Publications

Politically, Garitee v. Mayor and City Council of Baltimore was part of the larger on-going debate on the role of government. During the Gilded Age, the Federal Government assumed a laissez-faire stance toward business, but the Progressive Era that immediately followed witnessed a restraint of business through the passage of the Sherman Antitrust Act and the trust-busting administration of President Theodore Roosevelt.

State and city government produced the same debate, but in a somewhat different fashion. Baltimore’s government expanded in the 1870’s with the creation of City Hall, the City Library, the harbor board and several other municipal services. The …

Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner

Legal History Publications

In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However, the …

Tobacco Regulation Review, V. 7, No. 2, Sept. 2008

Tobacco Regulation Review

No abstract provided.

Tobacco Regulation Review, V. 7, No. 1, Feb. 2008

Tobacco Regulation Review

No abstract provided.

Laboratories Of Democracy: Why State Health Care Experimentation Offers The Best Chance To Enact Effective Federal Health Care Reform, Jonathan Kucskar

Journal of Health Care Law and Policy

No abstract provided.

Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds

Faculty Scholarship

The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …

Tobacco Regulation Review, V. 6, No. 2, Sept. 2007

Tobacco Regulation Review

No abstract provided.

Tobacco Regulation Review, V. 6, No. 1, April 2007

Tobacco Regulation Review

No abstract provided.

Tobacco Regulation Review, V. 5, No. 2, Feb. 2007

Tobacco Regulation Review

No abstract provided.

Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds

Maryland Law Review

No abstract provided.

The Impact On Maryland's Budget Of Allowing Same-Sex Couples To Marry, M.V. Lee Badgett, Amanda K. Baumle, Shawn Kravich, Adam P. Romero

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Tobacco Regulation Review, V. 5, No. 1, June 2006

Tobacco Regulation Review

No abstract provided.

Impediments To Environmental Justice: The Inequities Of The Maryland Standing Doctrine, Daniel W. Ingersoll Iv

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Tobacco Regulation Review, V. 4, No. 2, Dec. 2005

Tobacco Regulation Review

No abstract provided.

Tobacco Regulation Review, V. 4, No. 1, May 2005

Tobacco Regulation Review

No abstract provided.