Law Commons^™

Notes On Notes, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Teaching Law With Computers, Richard Warner

All Faculty Scholarship

No abstract provided.

Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …

Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho

All Faculty Scholarship

No abstract provided.

Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman

All Faculty Scholarship

Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …

Foreword: The Legacy Of Chancellor Kent, Harold J. Krent

All Faculty Scholarship

No abstract provided.

The Supreme Court As An Enforcement Agency, Harold J. Krent

All Faculty Scholarship

No abstract provided.

Fathers And Parental Leave Revisited, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Juries And Damages: A Commentary, Nancy S. Marder

All Faculty Scholarship

No abstract provided.

Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson

All Faculty Scholarship

At Hopkins and elsewhere, the issue of granting historical revisionists equal access to curricula and classrooms is difficult enough, but it is complicated acutely when student editors become entangled in the black and nefarious thickets of Holocaust denial masquerading as "scholarship." The Johns Hopkins News-Letter is only the most recent university paper to succumb to the blandishments of a group calling itself the "Committee for Open Debate on the Holocaust," which promulgates claims that a plan to systematically rid Germany or Europe of Jews never existed, that no gas chambers ever operated and that the number of Jewish victims has …

Proposed Model Rules Governing The Admissibility Of Computer-Generated Evidence, Lynn Mclain, James E. Carbine

All Faculty Scholarship

Pursuant to a grant from the State Justice Institute, the Court of Appeals of Maryland Standing Committee on Rules of Practice and Procedure drafted, and the Court of Appeals adopted, model rules regarding computer-generated animations and simulations. The rules address discovery, pretrial rulings, and preservation of the record for appeal.

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 …

Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy

All Faculty Scholarship

Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.

Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …

Catch Me If You Can! Resolving The Ethical Tragedies In The Brave New World Of Jury Selection, José F. Anderson

All Faculty Scholarship

Since the Supreme Court's opinion in Batson v. Kentucky, the rules and tools available to lawyers for selecting juries have changed dramatically from what they had been for decades in American courtrooms. The Court's well intentioned effort in Batson to attempt to eliminate racial discrimination from the process of jury selection set in motion a series of modifications in lawyer decision making which have changed how lawyers fill the jury box. Prior to Batson, the sacrosanct tool known as the peremptory challenge had been virtually unassailable as a jury selection weapon. Abuses by prosecutors, particularly in the southern United States, …

Confidentiality In Mediation, Jaime Alison Lee, Carl Giesler

All Faculty Scholarship

As mediation has become a more widely practiced method of dispute resolution, many jurisdictions have enacted rules forbidding participants to divulge information discussed during the mediation. Two recent cases, Paranzino v. Barnett Bank and Bernard v. Galen Group, are among the first to deal with the enforcement of such rules by judicial sanction. In both cases, participants in judicially required mediations were severely sanctioned for breaching confidentiality in violation of mediation rules and/or court orders.

Separatism And The Democratic Entitlement In International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld

All Faculty Scholarship

From its modern origins more than thirty years ago federal merger policy has centered around the use of standard surrogates for market power to make presumptions about the likely effects of mergers. Since that time it has been evolving towards an increasingly complex approach as economic considerations have expanded their influence on merger policy. This trend was solidified in the 1982 revision of the Department of Justice's Merger Guidelines, accelerated by the Department of Justice and Federal Trade Commission 1992 Horizontal Merger Guidelines' increased emphasis on unilateral (as opposed to collusive) anticompetitive effects, and has reached new heights in the …

The Specially Investigated President, Charles Tiefer

All Faculty Scholarship

This article argues that the new legal status - the "specially investigated President" - conferred upon recent presidents reflects an unprecedented change in the criminal investigation process of the President. Although recent presidents have experienced formal criminal investigations, each have used creative and legitimate ways to escape indictment, trial, or impeachment. By investigating President Bush and President Clinton's ability to successfully avoid prosecution, this article presents an analytical framework to explain the issues surrounding the "specially investigated President," and offers suggestions on how to reform the process.

In his analysis, the author illustrates the tension between opposing viewpoints regarding the …

Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews

All Faculty Scholarship

No abstract provided.

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Nationality And Internationality In International Humanitarian Law, Bartram Brown

All Faculty Scholarship

No abstract provided.

Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown

All Faculty Scholarship

No abstract provided.

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Legal Writing Unplugged: Evaluating The Role Of Computer Technology In Legal Writing Pedagogy, Legal Writing, Suzanne Ehrenberg

All Faculty Scholarship

No abstract provided.

Why States Are Bound By Customary International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.

The Right To Republican Government Under International Law, Mortimer N.S. Sellers

All Faculty Scholarship

No abstract provided.