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Articles 1 - 30 of 31
Full-Text Articles in Law
The Attorney-Client Privilege And The Work Product Immunity Doctrine For The Corporate Client, Nancy C. Cody
The Attorney-Client Privilege And The Work Product Immunity Doctrine For The Corporate Client, Nancy C. Cody
University of Baltimore Law Review
Corporate counsel are charged with the task of protecting information relayed to them or compiled at the behest of a client. This article examines problems encountered by corporate counsel attempting to invoke the attorney-client privilege or work product immunity doctrine to protect information. The author recommends that corporate counsel implement procedures designed to retain confidentiality and remain abreast of modifications in case law pertaining to attorney-client privilege and work product immunity. The confidentiality of corporate information is best preserved by adherence to an organized system of procedures for gathering information.
Casenotes: Workmen's Compensation — Permanent Partial Disability — Evidence Of Actual Wages Admissible As A Factor To Be Considered In Determining Claimant's Loss Of Earning Capacity. Hall V. Willard Sand & Gravel Co., 60 Md. App. 260, 482 A.2d 159 (1984), Ralph E. Wilson Iii
University of Baltimore Law Review
No abstract provided.
Fair Treatment For Contractors Doing Business With The State Of Maryland, Scott A. Livingston
Fair Treatment For Contractors Doing Business With The State Of Maryland, Scott A. Livingston
University of Baltimore Law Review
Prior to 1981, there existed in Maryland a wide assortment of procurement laws, because virtually every state agency used different procedures to award procurement contracts. The passage of a Procurement Article, effective July 1, 1981, established a body of uniform procurement procedures for state agencies. This article examines past and present procurement practices in Maryland and provides suggestions to guide future modification of the Procurement Article. The author posits that by enacting the Procurement Article, the Maryland General Assembly enacted into positive law the important public policy of providing fair treatment for contractors who do business with the state. The …
The Plight Of The Handicapped Infant: The Federal Response, William C. Mims
The Plight Of The Handicapped Infant: The Federal Response, William C. Mims
University of Baltimore Law Review
No abstract provided.
Topical Index To University Of Baltimore Law Review, Volumes 13 ‒ 15 (1983-1986)
Topical Index To University Of Baltimore Law Review, Volumes 13 ‒ 15 (1983-1986)
University of Baltimore Law Review
No abstract provided.
Casenotes: Medical Malpractice — Limitation Of Actions — Discovery Rule Denies Preliminary Investigation Period Because Knowledge Of Facts Raising The Inquiry Satisfies Actual Notice Requirement. Lutheran Hospital V. Levy, 60 Md. App. 227, 482 A.2d 23 (1984), Cert. Denied, 302 Md. 288, 487 A.2d 292 (1985), Edward T. Pinder
University of Baltimore Law Review
No abstract provided.
Comments: Conflict Between The Internal Revenue Code And The Fifth Amendment Privilege Against Self-Incrimination, Richard B. Stanley
Comments: Conflict Between The Internal Revenue Code And The Fifth Amendment Privilege Against Self-Incrimination, Richard B. Stanley
University of Baltimore Law Review
The privilege against self-incrimination contained in the fifth amendment to the United States Constitution is invoked with some frequency in the reporting of income to the Internal Revenue Service. Unfortunately, no definite standard for the applicability of this privilege to income reporting has emerged. In this comment, the author reviews decisional law on the applicability of this privilege to income reporting and analyzes under what circumstances this privilege can be invoked.
Casenotes: Tax Collection — Where One Codepositor In A Joint Bank Account Fails To Pay Federal Income Tax, The Internal Revenue Service May Levy On The Account Without Notice To Innocent Codepositors, Provided The Delinquent Taxpayer Has An Absolute Right Under State Law To Withdraw Funds From The Joint Account. United States V. National Bank Of Commerce, 105 S. Ct. 2919 (1985), Stephen S. Mccloskey
University of Baltimore Law Review
No abstract provided.
Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment For Pro Rata Release In Excess Of Its Pro Rata Share Operated To Satisfy Injured Party's Judgment Entered Against Nonsettling Joint Tort-Feasor. Martinez V. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier
University of Baltimore Law Review
No abstract provided.
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
Comment: Duty To Warn And The Sophisticated User Defense In Products Liability Cases, Christopher P. Downs
University of Baltimore Law Review
The sophisticated user defense provides a defense to manufacturers in products liability failure to warn cases. The defense is premised on the theory that a manufacturer has no duty to warn users of the product who have the sophisticated knowledge necessary to understand the risks associated with use of the product. Courts are in disagreement, however, as to the validity of this defense in failure to warn actions. In this comment, the author traces the development of products liability law and analyzes the application of Restatement (Second) of Torts sections 388 and 402A in failure to warn cases. The author …
Casenotes: Criminal Law — Accessoryship — An Accessory Before The Fact May Be Convicted Of A Greater Crime Or Degree Of Crime Than The Principal. Jones V. State, 302 Md. 153, 486 A.2d 184 (1985), Michael Carlis
University of Baltimore Law Review
No abstract provided.
Casenotes: Antitrust — Parent Corporation And Its Wholly Owned Subsidiary Are Incapable Of Conspiring With Each Other Under Section One Of The Sherman Act. Copperweld Corp. V. Independence Tube Corp., 104 S. Ct. 2731 (1984), Linda T. Penn
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Procedure — Absent A Showing Of Prejudice To The Defendant, Due Process Is Not Violated By Prosecutor's Contact With Counsel For Defense Witness In An Effort To Prevent Perjury. United States V. Teague, 737 F.2d 378 (4th Cir. 1984), Cert. Denied, 105 S.Ct. 913 (1985), Dennis Patrick Mcglone
University of Baltimore Law Review
No abstract provided.
Casenotes: Criminal Procedure — Juveniles — State Law Authorizing Pretrial Detention Of Juveniles Upon A Finding Of Risk Of Future Criminal Behavior Upheld As Valid Under The Due Process Clause. Schall V. Martin, 104 S. Ct. 2403 (1984), Kim Detrick
University of Baltimore Law Review
No abstract provided.
Parity Bargaining In The Public Sector — A Mandatory, Permissive, Or Illegal Subject?, Michael G. Gallagher
Parity Bargaining In The Public Sector — A Mandatory, Permissive, Or Illegal Subject?, Michael G. Gallagher
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 15 Number 2 (Winter 1986) Front Matter
University Of Baltimore Law Review Volume 15 Number 2 (Winter 1986) Front Matter
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 16 Number 1 (Fall 1986) Front Matter
University Of Baltimore Law Review Volume 16 Number 1 (Fall 1986) Front Matter
University of Baltimore Law Review
No abstract provided.
Casenotes: Federal Income Tax — Charitable Contributions — An Individual's Assignment Of Premium Refunds To The American Bar Endowment Is Deductible When The Relationship Between The Endowment And The Taxpayer Is Not Predominately Of A Business Nature And The Transaction Has A Substantial Charitable Component. American Bar Endowment V. United States, 761 F.2d 1573 (Fed. Cir.), Cert. Granted, 106 S. Ct. 522 (1985), James M. Di Stefano
University of Baltimore Law Review
No abstract provided.
Casenotes: Corporations — Securities Law — Definition Of Security — Federal Securities Laws Applicable To Sale Of A Business Effectuated By A Stock Sale Of All The Business's Stock. Landreth Timber Co. V. Landreth, 105 S. Ct. 2297 (1985), Jeff Cook
University of Baltimore Law Review
No abstract provided.
Comments: Forfeiture Of Attorneys' Fees Under The Comprehensive Forfeiture Act Of 1984: Not What Congress Ordered, Daniel A. Guy Jr.
Comments: Forfeiture Of Attorneys' Fees Under The Comprehensive Forfeiture Act Of 1984: Not What Congress Ordered, Daniel A. Guy Jr.
University of Baltimore Law Review
In 1984 Congress amended the criminal forfeiture provisions of the RICO and CCE statutes. The Department of Justice has interpreted the amended laws to allow for the restraint and forfeiture of assets transferred by a defendant to defense counsel as compensation for legitimate legal services. This comment explores the legislative history of the amendments, as well as the constitutional and ethical concerns which arise under the Department's interpretation, to conclude that Congress did not intend bona fide attorneys' fees to be subject to the forfeiture provisions of the RICO and CCE statutes.
Casenotes: Constitutional Law — Civil Procedure — Landlord And Tenant — Rent Escrow Statute Requiring Payment Into Escrow Of Accrued Rents Pursuant To Demand For Jury Trial In Summary Eviction Proceeding Is An Unconstitutional Infringement Of The Right To Jury Trial — Lucky Ned Pepper's Ltd. V. Columbia Park & Recreation Ass'n, 64 Md. App. 222, 494 A.2d 947 (1985), David J. Weymer
University of Baltimore Law Review
No abstract provided.
Casenotes Criminal Law — Evidence — Expert Testimony That Rape Victim Suffered Post Traumatic Stress Disorder Is Admissible To Rebut A Defense Of Consent. State V. Allewalt, 308 Md. 89, 517 A.2d 741 (1986), Robert C. Sanders
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Procedure — Despite Discrepancy Between Prior Description And Defendant's Actual Appearance, Eyewitness' Testimony Of Pretrial And In-Court Identifications Of Defendant Is Sufficient Evidence To Sustain A Conviction. Branch V. State, 305 Md. 177, 502 A.2d 496 (1986), Lisa Kristine Hoffman
University of Baltimore Law Review
No abstract provided.
University Of Baltimore Law Review Volume 15 Number 3 (Spring 1986) Front Matter
University Of Baltimore Law Review Volume 15 Number 3 (Spring 1986) Front Matter
University of Baltimore Law Review
No abstract provided.
Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (Aids): Blood Bank Liability?, David A. Roling
Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (Aids): Blood Bank Liability?, David A. Roling
University of Baltimore Law Review
The Acquired Immunodeficiency Syndrome (AIDS) can be contracted via a blood transfusion. A legal question of growing importance in Maryland and across the country is whether a blood bank which supplies AIDS-tainted blood should be liable to a blood transfusee for the contraction of AIDS. Inherent in that question is a balancing of society's need to protect blood banks from liability and the individual's right of recovery. This comment examines that question. The author begins with a historical review of blood bank liability for blood tainted with viruses other than AIDS and then discusses various theories of liability under which …
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
Product Liability In Maryland: Traditional And Emerging Theories Of Recovery And Defense, Edward S. Digges Jr., John G. Billmyre
University of Baltimore Law Review
In recent years, product liability law in Maryland and across the country has placed greater responsibility on the manufacturers of products causing injury. In this article, the authors review the traditional theories of manufacturer liability and discuss the novel theories being advanced to expand that liability. Also considered are the defenses available to manufacturers, both traditional and emerging. The authors conclude with the prognosis that because the pendulum has swung so far in the direction of placing greater responsibility on manufacturers, further expansion of manufacturer liability is both unlikely and inappropriate.
Casenotes: Tort Law — Emotional Distress Capable Of Healing Itself Is An Insufficient Injury For A Claim Of Intentional Infliction Of Emotional Distress, And Emotional Distress That Does Not Cause Physical Injury Capable Of Objective Determination Is An Insufficient Injury For A Claim Of Negligence. Hamilton V. Ford Motor Credit Co., 66 Md. App. 46, 502 A.2d 1057, Cert. Denied, 306 Md. 118, 507 A.2d 631 (1986), Neal C. Baroody
University of Baltimore Law Review
No abstract provided.
Casenotes: Eminent Domain — Compensation — A Public Condemnee Is Entitled Only To The Market Value Of A Condemned Facility When The Market Value Of The Condemned Facility Is Ascertainable. United States V. 50 Acres Of Land, 105 S. Ct. 451 (1984), Steven M. Sindler
University of Baltimore Law Review
No abstract provided.
Comments: Blessed Are The Faithful: An Analysis Of The Scope And Applicability Of The Good Faith Exception To The Exclusionary Rule, Thomas Page Lloyd
Comments: Blessed Are The Faithful: An Analysis Of The Scope And Applicability Of The Good Faith Exception To The Exclusionary Rule, Thomas Page Lloyd
University of Baltimore Law Review
The fourth amendment gives the people the right to be secure from unreasonable searches and seizures of their person, houses, papers, and effects. For years, the Supreme Court has mandated that any property seized in violation of the fourth amendment be excluded from evidence at the defendant's trial. Recently, however, the Supreme Court has created a good faith exception to the exclusionary rule and caused uncertainty regarding the new exception's application. The author reviews the development of the exclusionary rule and analyzes the effect of the good faith exception. The author also discusses the application of the exception to searches …
The Chesapeake Bay Critical Area Commission Regulations: Process Of Enactment And Effect On Private Property Interests, Solomon Liss, Lee R. Epstein
The Chesapeake Bay Critical Area Commission Regulations: Process Of Enactment And Effect On Private Property Interests, Solomon Liss, Lee R. Epstein
University of Baltimore Law Review
In 1984, the Maryland General Assembly enacted several bills to restore declining water quality and habitat values in the Chesapeake Bay, the most controversial of which was the Critical Areas Legislation. This article, co-authored by the Chairman of the Commission, discusses the creation of the Chesapeake Bay Critical Areas Commission and the development of its regulations. The article then examines the constitutional issue raised by the Criteria's requirement that certain land areas surrounding the Bay have a density of no more than one dwelling unit per twenty acres. The authors conclude that this highly debated density requirement constitutes neither a …