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University of Maryland Francis King Carey School of Law

2016

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Articles 1 - 30 of 65

Full-Text Articles in Law

United States V. Klintock: Reconsideration Of United States V. Palmer As To General Piracy As Defined By The Law Of Nations Through The Applicable Standards Of Political Action Of Acknowledgement And Recognition And The Status Of Statelessness, Justin L. Sieffert Dec 2016

United States V. Klintock: Reconsideration Of United States V. Palmer As To General Piracy As Defined By The Law Of Nations Through The Applicable Standards Of Political Action Of Acknowledgement And Recognition And The Status Of Statelessness, Justin L. Sieffert

Legal History Publications

During the February 1820 Term, the Supreme Court of the United States decided four significant piracy cases, beginning with United States v. Klintock. Political, economic, and social pressures enhanced the problem of piracy affecting the interests of the United States. Responding to the criticism of his decision in United States v. Palmer and the passage of the Act of 1819 state Congressional intent for defining piracy by the “law of nations,” Marshall authored the decision in Klintock distinguishing Palmer and, upon reconsideration, interpreting the Act of 1790 to include general piracy as defined by the “law of nations.” With …


Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve Nov 2016

Martin V. Mott And The Establishment Of Executive Emergency Authority, Eli Berns-Zieve

Legal History Publications

In August of 1814, a New York farmer named Jacob E. Mott refused to rendezvous with the militia pursuant to the orders of Governor Daniel D. Tompkins as commanded by President James Madison. In 1818, Mott was court martialed and fined ninety-six dollars. One year later, Mott brought an action in replevin in the New York state courts to recover chattel taken from him by a deputy marshal in lieu of the ninety-six dollars. Both the New York trial and appellate courts sided with Mott. In a unanimous opinion authored by Justice Joseph Story, the Supreme Court of the United …


Willson V. Black-Bird Creek Marsh Co., 25 U.S. 245 (1829): An Early Test Of The Dormant Commerce Clause, Michael P. Collins Jr. Nov 2016

Willson V. Black-Bird Creek Marsh Co., 25 U.S. 245 (1829): An Early Test Of The Dormant Commerce Clause, Michael P. Collins Jr.

Legal History Publications

In 1822, Delaware authorized the Blackbird Creek Marsh Company to bank and drain the Blackbird Creek in New Castle County. Subsequently, Thompson Wilson and others destroyed the structure built by the marsh company. The marsh company subsequently sued Mr. Wilson for the damage to its property. The parties eventually appealed their dispute to the Supreme Court of the United States. The Court held that Delaware’s authorization to bank and dam the creek did not conflict with the federal government’s exclusive authority to regulate commerce between the several states. Ultimately, the Court decided Willson in a manner inconsistent with its earlier …


Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef Nov 2016

Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef

Court Briefs

No abstract provided.


Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy Nov 2016

Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy

Court Briefs

No abstract provided.


Brief Of Appellant, Matthew Bredlow V. State Of Maryland, No. 621, Paul Dewolfe, Renée M. Hutchins, Ardalun Kamali Nov 2016

Brief Of Appellant, Matthew Bredlow V. State Of Maryland, No. 621, Paul Dewolfe, Renée M. Hutchins, Ardalun Kamali

Court Briefs

No abstract provided.


Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman Nov 2016

Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman

Court Briefs

No abstract provided.


Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin Nov 2016

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …


Eugenics, Jim Crow, And Baltimore's Best, Garrett Power Nov 2016

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.


Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian Nov 2016

Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian

Court Briefs

No abstract provided.


Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul Dewolfe, Renée M. Hutchins, Lisa M. Johnson Nov 2016

Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul Dewolfe, Renée M. Hutchins, Lisa M. Johnson

Court Briefs

No abstract provided.


Interest And Irritation: Brown V. Maryland And The Making Of A National Economy, Henry P. Callegary Nov 2016

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 …


The Armstrong Evolution, Michael Pappas Oct 2016

The Armstrong Evolution, Michael Pappas

Maryland Law Review Online

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2016 Oct 2016

Mid-Atlantic Ethics Committee Newsletter, Fall 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher Oct 2016

Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher

Maryland Law Review Online

No abstract provided.


Law And Health Care Newsletter, Vol. 24, No. 1, Fall 2016 Oct 2016

Law And Health Care Newsletter, Vol. 24, No. 1, Fall 2016

Law & Health Care Newsletter

No abstract provided.


C-Drum News, Fall 2016 Oct 2016

C-Drum News, Fall 2016

The C-DRUM News

No abstract provided.


Business Law Bulletin, Fall 2016 Oct 2016

Business Law Bulletin, Fall 2016

Business Law Bulletin

No abstract provided.


2016 State Of The Law School, Donald B. Tobin Sep 2016

2016 State Of The Law School, Donald B. Tobin

Speeches

No abstract provided.


Newsletter, Summer/Fall 2016 Jul 2016

Newsletter, Summer/Fall 2016

Newsletter

No abstract provided.


Remarks At The University Of Maryland Francis King Carey School Of Law Commencement, Tom Perez May 2016

Remarks At The University Of Maryland Francis King Carey School Of Law Commencement, Tom Perez

Commencement Speeches

No abstract provided.


Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland May 2016

Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland

Faculty Scholarship

No abstract provided.


Ocasio V. United States: Why The Hobbs Act Punishes Co-Conspirator Extortion, Joshua T. Carback Apr 2016

Ocasio V. United States: Why The Hobbs Act Punishes Co-Conspirator Extortion, Joshua T. Carback

Maryland Law Review Online

No abstract provided.


Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante Apr 2016

Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante

Maryland Law Review Online

No abstract provided.


North Carolina State Board Of Dental Examiners V. Ftc: When Will Enough Active State Supervision Be Enough?, Alexandra W. Jabs Apr 2016

North Carolina State Board Of Dental Examiners V. Ftc: When Will Enough Active State Supervision Be Enough?, Alexandra W. Jabs

Maryland Law Review Online

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2016 Apr 2016

Mid-Atlantic Ethics Committee Newsletter, Spring 2016

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Healthcare Newsletter, Vol. 23, No. 2, Spring 2016 Apr 2016

Law & Healthcare Newsletter, Vol. 23, No. 2, Spring 2016

Law & Health Care Newsletter

No abstract provided.


An Uberdilemma: Employees And Independent Contractors In The Sharing Economy, Grant E. Brown Mar 2016

An Uberdilemma: Employees And Independent Contractors In The Sharing Economy, Grant E. Brown

Maryland Law Review Online

No abstract provided.


Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg Mar 2016

Reflections On “Innovations In Family Dispute Resolution”, Deborah Thompson Eisenberg

Maryland Law Review Online

No abstract provided.


Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer Mar 2016

Moving Family Dispute Resolution From The Court System To The Community, Jane C. Murphy, Jana B. Singer

Maryland Law Review Online

No abstract provided.