Law Commons^™

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.

Parole Holds: Their Effects On The Rights Of The Parolee And The Operation Of The Parole System, Paul H. Robinson

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 …

Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Local Government In Missouri: The Crossroads Reached, Peter W. Salsich

All Faculty Scholarship

This article addresses the perceived inadequacy of the State of Missouri’s statutory tools to modernize local government. Some of the more extreme examples of conflicting and obsolete provisions in the laws affecting local government in Missouri are discussed. In many instances these obsolete statutes severely restricted the operations of municipalities. The article also looks at laws relating to special benefit districts, problems in county government, and the issue of home rule. Many of the concerns addressed in this article have to do with the overlap that exists among political subdivisions within a given area, such as counties, cities, and special …

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …

State-Court Injunctions And The Federal Common Law Of Labor Contracts: Beyond Norris-Laguardia, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Punitive Damages: Punishment Of An Insured Defendant?, Carroway V. Johnson, Kenneth Lasson

All Faculty Scholarship

The plaintiff sued the defendant for injuries sustained in an automobile collision and was awarded a judgment in the amount of $5,000 actual damages and $1,500 punitive damages. The defendant's insurance company had refused to defend her in that action or to pay the judgment obtained, relying upon an employee exclusion clause in the policy. The plaintiff thereupon sued the defendant on the judgment, this time joining the insurer as a co-defendant, and won a verdict to recover against the insurer the aforesaid amount. The insurance company appealed, questioning its liability for punitive damages.

Job Security And Secondary Boycotts: The Reach Of Nlra 8(B)(4) And 8(E), Howard Lesnick

All Faculty Scholarship

No abstract provided.

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

All Faculty Scholarship

No abstract provided.

The Gravamen Of The Secondary Boycott, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.