Law Commons^™

Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman

Faculty Scholarship

No abstract provided.

The Impact Of The Sarbanes-Oxley Act On Non-Shareholder Constituents: A Silver Lining, But Will It Endure?, Lisa M. Fairfax

Faculty Scholarship

No abstract provided.

Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Trends In Distressed Debt Investing: An Empirical Study Of Investors' Objectives, Michelle M. Harner

Faculty Scholarship

Increased creditor control in chapter 11 cases has generated considerable debate over the past several years. Proponents of creditor control argue that, among other things, it promotes efficiency in corporate reorganizations. Critics assert that it destroys corporate value and frequently forces otherwise viable entities to liquidate. The increasing involvement of professional distressed debt investors in chapter 11 cases has intensified this debate. In this article, I present and analyze empirical data regarding the investment practices and strategies of distressed debt investors. Based on this data and actual case reports, I reach two primary conclusions. First, although relatively few in number, …

Taking Care Of John Marshall's Political Ghost, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin

Faculty Scholarship

The communitarian conception of dispute-bargaining now popular with legal academics presupposes a world in which people are always at their best. Clients and lawyers share information about themselves and their situations candidly and honestly, construct agreements from the perspective of their common interests and resolve differences according to objectively derived and jointly agreed upon substantive standards. This is supposed to take the hard edge off their disputing and make it less antagonistic, less competitive, less deceptive, less manipulative and less mean-spirited than it otherwise might be. This is a wonderfully inspiring view and it would be a source of great …

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks

Faculty Scholarship

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …

Tort Arbitrage, Robert J. Rhee

Faculty Scholarship

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the operational realities of the dispute resolution process and the negligence standard. Applying a theory of bargaining based on asset pricing principles of financial economics, this Article argues that there is systematic devaluation of tort claims in the civil litigation system. This results because in essence the parties value different tort transactions, even when they are tied together in a common dispute and view the facts and laws similarly. For the party that can mitigate the risk exposure, the discount to value …

Participation And Disintermediation In A Risk Society, Robert J. Rhee

Faculty Scholarship

The chapter argues that financing extreme catastrophic loss will become more problematic as catastrophes become more frequent and severe. An effective strategy must increase the level of participation in the spreading of risk and loss. Currently, risk spreading is done largely through insurers and government as they are the default aggregators of private and public capital. An enlargement of participation may mean the disintermediation of the traditional insurance and public compensation functions, thus allowing more direct and efficient participation between those are exposed to risk and those who are willing to bear it. This chapter also argues that tax policy …

No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving Chevron Doctrine, Michael Pappas

Faculty Scholarship

This article examines the deference standards that the various states apply to agency statutory interpretation and analyzes the implications for the federal Chevron doctrine. First, the article surveys state standards for reviewing agencies' statutory interpretation, finding that none of the state standards exactly follows the federal Chevron test but that state standards fall into one of four categories ranging from "strong deference" to "de novo with deference discouraged." The article then examines four particular state standards in depth, discovering that states tend to use the same methods, tools, and processes for statutory interpretation despite the different announced degrees of deference. …

Federal Search Commission? Access, Fairness, And Accountability In The Law Of Search, Oren Bracha, Frank Pasquale

Faculty Scholarship

Should search engines be subject to the types of regulation now applied to personal data collectors, cable networks, or phone books? In this article, we make the case for some regulation of the ability of search engines to manipulate and structure their results. We demonstrate that the First Amendment, properly understood, does not prohibit such regulation. Nor will such interventions inevitably lead to the disclosure of important trade secrets.

After setting forth normative foundations for evaluating search engine manipulation, we explain how neither market discipline nor technological advance is likely to stop it. Though savvy users and personalized search may …

Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale

Faculty Scholarship

Unaccountable power at any layer of online life can stifle innovation elsewhere. Dominant search engines rightly worry that carriers will use their control of the physical layer of internet infrastructure to pick winners among content and application providers. Though they advocate net neutrality, they have been much less quick to recognize the threat to openness and fair play their own practices may pose.

Just as dominant search engines fear an unfairly tiered online world, they should be required to provide access to their archives and indices in a nondiscriminatory manner. If dominant search engines want carriers to disclose their traffic …

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

The Google Dilemma, James Grimmelmann

Faculty Scholarship

No abstract provided.

Accidental Privacy Spills, James Grimmelmann

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 16, No. 1, Fall 2008

Law & Health Care Newsletter

No abstract provided.

Law & Health Care Newsletter, V. 15, No. 2, Spring 2008

Law & Health Care Newsletter

No abstract provided.

When The "Business Of Insurance" And The State Action Doctrine Burden The Public Adjuster: Stripping Away Antitrust Immunity In The Insurance Field, Julie Galbo

Student Articles and Papers

No abstract provided.

Hurricanes Katrina And Rita: Anti-Concurrent Causation Clauses, Enforcement And Implications, Kimberly Myers

Student Articles and Papers

No abstract provided.

The Siren Sounds For Nitrogen, Jeremy S. Scholtes

Student Articles and Papers

The international community is intensifying its efforts to combat nitrogen pollution, a threat to human health and the environment. In this Article, Jeremy S. Scholtes examines the nature of this type of pollution and the legal instruments currently in place that deal with it. He begins by explaining the theoretical concerns that negotiators must consider when designing legal instruments, recommending that regional hard law instruments in concert with partnership coordination platforms are the most effective tools for addressing nitrogen pollution. He concludes that the 1979 Convention on Long-Range Transboundary Air Pollution (LRTAP) should be used as the model for developing …

Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters

Student Articles and Papers

No abstract provided.

Nearly Blown Away: How Policyholders Affected By Hurricane Katrina May Recover Under Their Homeowner's Insurance Policies In The Face Of Anti-Concurrent Causation Language, Austen Endersby

Student Articles and Papers

No abstract provided.

Brief Of Amici Curiae In Support Of Petitioner, Juan Rivera V. State Of Maryland, No. 08-80, Maureen A. Sweeney

Court Briefs

The petitioner requested the Maryland Court of Appeals to reverse a decision that his criminal plea of guilty was voluntary. The Court of Special Appeals of Maryland had ruled it voluntary. Law professors at the University of Maryland and the University of Baltimore filed this amicus brief in support of the petitioner.

The brief presents the issue of whether a guilty plea is voluntary and knowingly given when it is based on affirmative misinformation about the direct immigration consequences of such a plea. The amici argue that the petitioner’s plea was unconstitutionally involuntary and unknowing because his attorney, the prosecutor, …

S. 970, The Iran Counter-Proliferation Act Of 2007, Orde F. Kittrie

Congressional Testimony

No abstract provided.

Energy Market Manipulation And Federal Enforcement Regimes, Michael Greenberger

Congressional Testimony

No abstract provided.

Ending Excessive Speculation In Commodity Markets: Legislative Options, Michael Greenberger

Congressional Testimony

No abstract provided.

Energy Speculation: Is Greater Regulation Necessary To Stop Price Manipulation? Part Ii., Michael Greenberger

Congressional Testimony

No abstract provided.

Environmental Law At Maryland, No. 25, Winter-Spring 2008

Environmental Law at Maryland

No abstract provided.

Impersonating The Legislature: State Attorneys General And Parens Patriae Product Litigation, Donald G. Gifford

Faculty Scholarship

The state attorney general has emerged during the past decade as a “super plaintiff” in state parens patriae litigation against manufacturers of cigarettes, automobiles, lead paint, and pharmaceuticals. Attorneys general sue on behalf of their states as the collective plaintiff, seeking reimbursement for the costs of treating or preventing product-caused diseases suffered by individual residents, even though such individual victims would not themselves be able to recover as plaintiffs. More importantly, they seek to supplant the regulatory regimes previously enacted by Congress, the state legislature, or federal agencies with one that reflects their own visions. This Article traces how state …