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Series

University of Maryland Francis King Carey School of Law

2002

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Publication

Articles 1 - 30 of 54

Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Fall 2002 Oct 2002

Mid-Atlantic Ethics Committee Newsletter, Fall 2002

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival Oct 2002

"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival

Faculty Scholarship

No abstract provided.


Campaign Finance Disclosure And Section 527 Of The Code: A Look At The District Court's Opinion In National Federation Of Republican Assemblies, Donald B. Tobin Oct 2002

Campaign Finance Disclosure And Section 527 Of The Code: A Look At The District Court's Opinion In National Federation Of Republican Assemblies, Donald B. Tobin

Faculty Scholarship

This report examines the decision of the U.S. District Court for the Southern District of Alabama in National Federation of Republican Assemblies v. United States, which dealt with section 527 political organizations.


In Practice, V. 3, No. 2, Fall 2002 Sep 2002

In Practice, V. 3, No. 2, Fall 2002

In Practice

No abstract provided.


Law & Health Care Newsletter, V. 10, No. 1, Fall 2002 Aug 2002

Law & Health Care Newsletter, V. 10, No. 1, Fall 2002

Law & Health Care Newsletter

No abstract provided.


Choice Of Entity For A Venture Capital Start-Up: The Myth Of Incorporation, Daniel S. Goldberg Jul 2002

Choice Of Entity For A Venture Capital Start-Up: The Myth Of Incorporation, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.


Environmental Law At Maryland, No. 15, Summer-Fall 2002 Jul 2002

Environmental Law At Maryland, No. 15, Summer-Fall 2002

Environmental Law at Maryland

No abstract provided.


Tobacco Regulation Review, V. 1, No. 1, July 2002 Jul 2002

Tobacco Regulation Review, V. 1, No. 1, July 2002

Tobacco Regulation Review

No abstract provided.


Form Over Substance?: Officer Certification And The Promise Of Enhanced Personal Accountability Under The Sarbanes-Oxley Act, Lisa M. Fairfax Jun 2002

Form Over Substance?: Officer Certification And The Promise Of Enhanced Personal Accountability Under The Sarbanes-Oxley Act, Lisa M. Fairfax

Faculty Scholarship

This article argues that the requirement under the Sarbanes-Oxley Act (the “Act”) that particular officers certify the accuracy of the financial information contained in their company’s periodic reports fails to alter significantly existing standards of liability for officers who signed or approved such reports prior to the Act’s passage. This failure creates cause for concern about the Act’s potential to meet its objectives. Indeed, the certification requirement represents one of the Act’s principal symbols of officer personal accountability. By demonstrating that the requirement may only be symbolic, my article questions whether the Act can impact the behavior of corporate officers, …


Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg Jun 2002

Whose Duty Is It Anyway?: The Kennedy Krieger Opinion And Its Implications For Public Health Research, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

In this article, the authors discuss the Maryland Court of Appeals decision in the case of Grimes v. Kennedy Krieger Institute, Inc. and its implications for the tort duty owed by researchers, in particular public health researchers, to their subjects. The Opinion resulted from two lawsuits alleging lead poisoning of children enrolled in a study conducted by the Kennedy Krieger Institute, a world renown pediatric research and treatment facility. The opinion shocked the research establishment with its scathing characterization of researchers and its apparent holding that in Maryland a parent cannot consent to the participation of a child in "nontherapeutic …


Mid-Atlantic Ethics Committee Newsletter, Spring 2002 Apr 2002

Mid-Atlantic Ethics Committee Newsletter, Spring 2002

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 9, No. 2, Spring 2002 Mar 2002

Law & Health Care Newsletter, V. 9, No. 2, Spring 2002

Law & Health Care Newsletter

No abstract provided.


Jlanli Zhongguo De Jianshe Luyue Baozheng Tixi [Establishing China's Construction Performance Bond System], Daniel J. Mitterhoff Mar 2002

Jlanli Zhongguo De Jianshe Luyue Baozheng Tixi [Establishing China's Construction Performance Bond System], Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.


Form And Function In Business Organizations, Richard A. Booth Marbury Research Professor Of Law Jan 2002

Form And Function In Business Organizations, Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

In this piece, I argue that the recent proliferation of forms of business organizations in addition to the traditional partnership and corporation may have arisen from the implicit recognition that various organizations may serve needs of business people in different types of businesses, and that traditional theory of the firm explanations are too narrowly focused on market failure explanations for firm formation. I identify at least five different factors that may motivate people to form a business organization and discuss how these different factors may militate in favor of one business form rather than another. I conclude that the collections …


U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin Jan 2002

U.S. Unilateralism And The International Protection Of Religious Freedom: The Multilateral Alternative, Peter G. Danchin

Faculty Scholarship

This article considers the tension in U.S. foreign policy between unilateral and multilateral approaches to the promotion and protection of religious freedom. In particular, it analyzes the recently enacted International Religious Freedom Act of 1998 that seeks to enforce international human rights norms through the imposition of unilateral sanctions on foreign countries that deny religious freedom and persecute religious groups. The Article suggests that this approach stands in an uneasy relationship with existing international and regional human rights regimes and institutions. It argues that as an instrument of foreign policy, the Act is vulnerable to politicization and abuse of the …


The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young Jan 2002

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Faculty Scholarship

No abstract provided.


Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli Jan 2002

Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman Jan 2002

The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman

Faculty Scholarship

No abstract provided.


External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin Jan 2002

External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin Jan 2002

Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli Jan 2002

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


The Condorcet Jury Theorem And Judicial Decisionmaking: A Reply To Saul Levmore, Maxwell L. Stearns Jan 2002

The Condorcet Jury Theorem And Judicial Decisionmaking: A Reply To Saul Levmore, Maxwell L. Stearns

Faculty Scholarship

In Ruling Majorities and Reasoning Pluralities, Professor Saul Levmore explores the "division of labor" between the various thresholds of agreement required for collective action - supermajority, simple majority, or plurality rule. His particular emphasis is on the choice between the last two options. To improve our understanding of this choice in various settings, Professor Levmore considers the relationship between two well-known contributions to the study of group decisionmaking, namely, the Condorcet Jury Theorem and the Condorcet Criterion, which have not generally been treated together. This essay explores the relationship between these two insights in the context of judicial decisionmaking. Counterintuitively, …


Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr Jan 2002

Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr

Faculty Scholarship

No abstract provided.


Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton Jan 2002

Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton

Faculty Scholarship

No abstract provided.


Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien Jan 2002

Road Warriors: Two Parents' Perspective On Getting Services For Children With Special Needs, Teresa K. Lamaster, John J. O'Brien

Faculty Scholarship

No abstract provided.


Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen Jan 2002

Language Matters: Designing State And County Contracts For Services Under Temporary Assistance For Needy Families, Eileen Sweeney, Barbara L. Bezdek, Sharon Parrott, Carol W. Medaris, Cary Lacheen

Faculty Scholarship

No abstract provided.


The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung Jan 2002

The Unblazed Trail: Bioinformatics And The Protection Of Genetic Knowledge, Lawrence M. Sung

Faculty Scholarship

No abstract provided.


Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon Jan 2002

Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.


Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power Jan 2002

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Faculty Scholarship

No abstract provided.


'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor Jan 2002

'You Just Don't Understand!" - The Right And Left In Conversation, Rena I. Steinzor

Faculty Scholarship

No abstract provided.