Law Commons^™

Federal Environmental Requirements, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Property Rights In Land: New Statutory Approaches, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Some Observations On The American Law Institute's Model Land Development Code, Fred P. Bosselman, George M. Raymond, Richard A. Persico

All Faculty Scholarship

No abstract provided.

Open Advisory Committees And The Political Process: The Federal Advisory Committee Act After Two Years (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

All Faculty Scholarship

Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.

Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

All Faculty Scholarship

No abstract provided.

A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson

All Faculty Scholarship

All would agree that the criminal law seeks to prevent harmful results rather than to punish evil intent that produces no harm. If one views deterrence as the proper function of the criminal law, a harm requirement is appropriate. To the extent that the criminal law punishes nonharmful conduct, it weakens the stigma and deterrent effect of criminal conviction for harmful conduct. If a defendant who has caused no harm feels that he is punished unjustifiably, rehabilitative efforts will be hampered. Indeed, one may ask: If no harm has been caused, what harm will be deterred by punishment, and what …

Growth Management And Constitutional Rights--Part I: The Blessings Of Quiet Seclusion, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Civil Rights And Civil Liberties (With S. Fritzsche & G. Muller), Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Grievance Procedures In Federal Prisons: Practices And Proposals, Howard Lesnick

All Faculty Scholarship

No abstract provided.

A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson

All Faculty Scholarship

This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …

Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson

All Faculty Scholarship

Debate continues over expanded use of habeus corpus for collateral attack of criminal judgments. Some commentators argue that the current system of seemingly endless post-conviction review fails to provide the finality and integrity required of any truly fair and effective system of criminal justice. Others claim that such an expansive post-conviction remedy system is justified when a man's liberty is at stake. It is a central thesis of this article that not only does the present system of post-conviction remedies fall short of achieving adequate fairness and comprehensiveness, but also that the attempt to achieve these values has produced a …

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Statewide Land Use Regulations, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Parole Release Decision-Making: Rehabilitation, Expertise, And The Demise Of Mythology (With R. Kastenmeier), Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman

All Faculty Scholarship

No abstract provided.

The Constitution As Positive Law, Richard W. Wright

All Faculty Scholarship

No abstract provided.

A History Of Appalachian Coal Mines, Kenneth Lasson

All Faculty Scholarship

This portion of the study discusses the social and economic antecedents of today's Appalachian coal industry. The time covered includes from pre-history up to the date of the study (1972).

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.

The Legal Control Of Population Growth And Distribution In A Quality Environment: The Land Use Alternatives, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson

All Faculty Scholarship

This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.

Preemption Reconsidered: The Apparent Reaffirmation Of Garmon, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Two Workers, Kenneth Lasson

All Faculty Scholarship

This article profiles two individuals who were workers in two distinct industries. The first profile is of Dotty Neal, who at the time of this article's writing, worked for the Chesapeake & Potomac Telephone Company, in Maryland. The nature of her job and work are described, often in her own words. The second profile is of Ray Murdock, who worked as a sanitary worker, or "garbageman," in Boston, MA. Again, the nature of this kind of work is described, often in Murdock's own words. The article shows how much technology has changed in the telecommunications industry, and perhaps how much …

Ecology Vs. Equality: The Sierra Club Meets The Naacp, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Abortion Reform, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson

All Faculty Scholarship

This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?

The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.

The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky

All Faculty Scholarship

No abstract provided.

Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson

All Faculty Scholarship

Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.

The scope of this article will not extend beyond a sketch of the important …