Law Commons^™

Recent Developments: Warr V. Jmgm Grp., Llc: Maryland Businesses Serving Alcohol Owe No Duty To Members Of The General Public Injured By The Actions Of An Intoxicated Patron, Molly A. Nicholl

University of Baltimore Law Forum

No abstract provided.

"The [Judicial] Beatings Will Continue Until Morale Improves": The Prisoner's Dilemma Of Cooperative Discovery And Proposals For Improved Morale, Paul W. Grimm, Heather Leigh Williams

University of Baltimore Law Forum

No abstract provided.

Comment: Getting The Lights Back On: An Analysis Of The Maryland Energy Service Quality And Reliability Act's Impact On Utility Liability And Consumer Rights, Elizabeth Payne

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Reid V. State: The Use Of A Taser In Dart Mode Subjects An Individual To The Custody And Control Of Police, Thus Raising An Investigatory Stop To A De Facto Arrest Requiring Probable Cause; Without Probable Cause, Statements And Evidence Obtained After A De Facto Arrest Are Inadmissible, Megan K. Green

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Tshiani V. Tshiani: Under The Doctrine Of Comity, Maryland Recognizes A Validly Performed Foreign Marriage Conducted By Proxy Or Telephone; Marriages By Proxy Or Telephone Are Not Prohibited By Statute Or Repugnant To Maryland Public Policy, S. Michael Stedman

University of Baltimore Law Forum

No abstract provided.

The Referendum Process In Maryland: Balancing Respect For Representative Government With The Right To Direct Democracy, Stephen J. Shapiro

University of Baltimore Law Forum

No abstract provided.

Pit Bulls: Maryland's Solesky Case Changes Liability Standard, Susan Rappaport, Kathleen M. Elmore, Megan O'Connor

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Journal Of International Law Volume 2 (2013-2014) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas

University of Baltimore Journal of International Law

In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order to …

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 …

After The Revolution: Egypt's Changing Forms Of Corruption, M. Patrick Yingling, Mohamed A. Arafa

University of Baltimore Journal of International Law

Egypt’s revolution of January 25, 2011 was impelled by a desire to eliminate “conventional corruption,” a particular kind of corruption that occurs when government officials illegally abuse public office for private gain. Illegal quid pro quo transactions, including acts of bribery, are prominent examples of conventional corruption. This form of corruption is to be contrasted with “unconventional corruption,” a form of corruption that has (thus far) been absent in Egypt. Unconventional corruption occurs when elected officials put personal campaign finances ahead of the public interest without engaging in a quid pro quo transaction. These different forms, conventional and unconventional corruption, …

First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root

University of Baltimore Journal of International Law

The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …

Comments: At The Intersection Of National Interests And International Law: Why American Interests Should Assume The Right Of Way, Clark Smith

University of Baltimore Journal of International Law

Following the interwar period and disastrous results of an isolationist foreign policy, the United States changed course coming out of the Second World War. Assuming the global leadership role, the U.S. led the international effort to design and build the international institutions and organizations that would ensure and manage the global recovery from the war that ravaged the world’s economy, deter future wars by providing checks on and a balance of power, and that would ensure, to some degree, international systems based on rule of law. Pursuit of U.S. interests should, when possible, be carried out within that international legal …

The Collective Bargaining Chips Are Down: How Wisconsin’S Collective Bargaining Restrictions Place The U.S. In Violation Of International Labor Laws, Amanda Webster

University of Baltimore Journal of International Law

On the surface, the United States serves as an international advocate and supporter of the basic principles of the International Labor Organization, which are to promote social justice and human rights through globally humane working conditions. Yet, on a deeper level, there exists a strained and contradictory relationship between the U.S. and the ILO. Despite being the largest ILO member state and a principal policymaker, the U.S. continues to refrain from ratifying key international labor law treaties. This inaction enables U.S. state and federal bodies to enact and uphold legislation that directly violate existing international labor law obligations. U.S. laws …

Comments: Stuck Between A Rock And A Hard Place: Does Lebanon Have A Responsibility To Respect Syrian Refugees?, Robert Demirji

University of Baltimore Journal of International Law

This comment looks at the current crisis in Syria and its effect on Lebanon. This comment first looks at the recent history of Lebanon stemming from the entrance of Palestinians into Lebanon after their deportation of Israel to Lebanon today. Thereafter, this comment looks at the evolution of the responsibility to protect doctrine from the Universal Declaration of Human Rights, to the 2005 World Summit Outcome Report to the 2009 Secretary General Report on Responsibility to Protect. This comment addresses the role of both Lebanon and the international community in its responsibility to protect Syrian refugees. This comment concludes with …

University Of Baltimore Law Forum Volume 43 Number 2 (Spring 2013) Front Matter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Pro-Football, Inc. V. Tupa: An Employment Contract's Forum Selection Clause Cannot Preclude The Maryland Workers' Compensation Commission From Exercising Its Jurisdiction; A Professional Football Player's Injury Sustained While Working Is A Compensable "Accidental" Injury Within The Meaning Of The Maryland Workers' Compensation Act, Ellen A. Spielman

University of Baltimore Law Forum

No abstract provided.

The Private-Public Partnership: How Lessons Learned From Disaster Relief And Reconstruction Efforts In Post-Katrina New Orleans Can Be Applied To Post-Sandy New York And New Jersey, Daniel Abramson

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development Volume 3 Number 1 (Fall 2013) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

Where To Put It? The Confusing Question Of How To Deal With Marijuana Dispensaries, Ian Morrison

University of Baltimore Journal of Land and Development

No abstract provided.

How Uncertainty In The Redrawing Of School Districts Affects Housing Prices, A Case Study: Comparing Neighborhoods In Charlotte, North Carolina And Columbia, Maryland, Kristen Ulan

University of Baltimore Journal of Land and Development

No abstract provided.

University Of Baltimore Journal Of Land And Development Volume 2 Number 2 (Spring 2013) Front Matter

University of Baltimore Journal of Land and Development

No abstract provided.

A Heightened Standard For Land Use Permits Redefines The Power Balance Between The Government And Landowners, Michael Farrell

University of Baltimore Journal of Land and Development

No abstract provided.

The Department Of The Interior's Final Rule Allots American Indians More Freedom To Lease Land For Residential, Commercial, And Renewable Energy Development In Order To Improve American Indians' Economic Condition, Jeffrey Crockett

University of Baltimore Journal of Land and Development

No abstract provided.

Rail-To-Trail Conversions: How Communities Are Railroading Their Way Out Of Recession Towards Healthy Living, James Lilly

University of Baltimore Journal of Land and Development

No abstract provided.

Constitutional Corporatism: The Public Use Clause As A Means Of Corporate Welfare, John Kieran Murphy

University of Baltimore Journal of Land and Development

No abstract provided.

How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann

University of Baltimore Journal of Land and Development

The law of the dead is now precipitating a lively debate in the legal community. Scandals are increasingly rocking the death care industry, an industry enjoying greater attention with the aging Baby Boom generation. Regulators and attorneys now must address an array of issues that revolve around death. And the law of the dead is a unique animal. It is neither property nor health care; real estate nor contract; yet it has elements of each of those areas of the law, as well as environmental law, zoning, and general torts, but it lies comfortably in none of these fields entirely. …

Can Green Building Law Save The Planet?, Stuart D. Kaplow

University of Baltimore Journal of Land and Development

Buildings have a large impact on the planet and are tremendous consumers of electricity, accounting for projected 74.0% of the total electricity consumption in the United States in 2012. In a broader measure, buildings in the United States account for 41.0% of the nation's overall energy use.

Symposium Dialogue: Keynote Speaker Senator Barbara Mikulski, Barbara Mikulski

University of Baltimore Law Review

MODERATED BY PROFESSOR MARGARET E. JOHNSON

The following is an adaptation of the Dialogue that took place on the campus of the University of Baltimore School of Law during the 2012 Applied Feminism and Democracy: 2012 Feminist Legal Theory Conference, on March 2, 2012. In an effort to present this dialogue in an academically appealing manner, minor formatting and grammatical adaptations were made, while maintaining the substance of the Dialogue. -EDS.

Location, Location, Location: Balancing Crime Fighting Needs And Privacy Rights, Nancy K. Oliver

University of Baltimore Law Review

No abstract provided.