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Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White Nov 1991

Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White

All Faculty Scholarship

In this Article I present a two-pronged analysis of vertical restraints, one in law and one in economics. By tracing the checkered legal history of vertical restraints, I show the marked changes recent antitrust decisions have wrought, in particular, by comparing the legal standards expressed by the Supreme Court in Monsanto Co. v. Spray-Rite Service Corp. with those in Business Electronics Corp. v. Sharp Electronics Corp and Atlantic Richfield Co. (ARCO) v. USA Petroleum Co. If through the latter two cases the Court has, for all practical purposes, created a category of per se legality for vertical price restraints, which ...


On Letters & Law Reviews: A Jaded Rejoinder, Kenneth Lasson Oct 1991

On Letters & Law Reviews: A Jaded Rejoinder, Kenneth Lasson

All Faculty Scholarship

I've been asked to comment upon Professor Jensen's essay, and I'm left with wearily wondering why's. Why did Jensen write this piece in the first place? Why was I asked to address it? Why did I so quickly say yes?

Let me respond.


Justice Brennan's Gender Jurisprudence, Rebecca Korzec Oct 1991

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

All Faculty Scholarship

During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.

Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing ...


A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec Jul 1991

A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec

All Faculty Scholarship

This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes ...


Our First Televised Genocide, Kenneth Lasson Apr 1991

Our First Televised Genocide, Kenneth Lasson

All Faculty Scholarship

It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter ...


Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler Apr 1991

Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler

All Faculty Scholarship

No abstract provided.


Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro Feb 1991

Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro

All Faculty Scholarship

This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.


The Trouble With Protest, Kenneth Lasson Jan 1991

The Trouble With Protest, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


University Of Baltimore Law Review Volume 20 Number 2 (Spring 1991) Front Matter Jan 1991

University Of Baltimore Law Review Volume 20 Number 2 (Spring 1991) Front Matter

University of Baltimore Law Review

No abstract provided.


Competitor Suits Against False Advertising: Is Section 43(A) Of The Lanham Act A Proconsumer Rule Or An Anticompetitive Tool?, Ross D. Petty Jan 1991

Competitor Suits Against False Advertising: Is Section 43(A) Of The Lanham Act A Proconsumer Rule Or An Anticompetitive Tool?, Ross D. Petty

University of Baltimore Law Review

No abstract provided.


Notes: Sixth Amendment Right To A Speedy Trial — Delay Of Over Two Years Between Initial Arrest And Trial Not Prejudicial To Defendant's Right To A Fair And Speedy Trial. State V. Bailey, 319 Md. 392, 572 A.2d 544, Cert. Denied, 498 U.S. 841 (1990), Joseph W. Rasnic Jan 1991

Notes: Sixth Amendment Right To A Speedy Trial — Delay Of Over Two Years Between Initial Arrest And Trial Not Prejudicial To Defendant's Right To A Fair And Speedy Trial. State V. Bailey, 319 Md. 392, 572 A.2d 544, Cert. Denied, 498 U.S. 841 (1990), Joseph W. Rasnic

University of Baltimore Law Review

No abstract provided.


Notes: Securities Law — Uncollateralized Promissory Notes Are Considered "Securities" To Be Regulated Under Federal Securities Laws. Reves V. Ernst & Young, 494 U.S. 56 (1990), Sheryl N. Stephenson Jan 1991

Notes: Securities Law — Uncollateralized Promissory Notes Are Considered "Securities" To Be Regulated Under Federal Securities Laws. Reves V. Ernst & Young, 494 U.S. 56 (1990), Sheryl N. Stephenson

University of Baltimore Law Review

No abstract provided.


Comments: Maryland's Fundamental Interest In A Thorough And Efficient System Of Public Education: The Need For Judicial Intervention, Elizabeth Colette Derrrig Jan 1991

Comments: Maryland's Fundamental Interest In A Thorough And Efficient System Of Public Education: The Need For Judicial Intervention, Elizabeth Colette Derrrig

University of Baltimore Law Review

After the 1983 Court of Appeals of Maryland decision in Hornbeck v. Somerset County Board of Education there appeared little hope for those who wished to reform disparities in public school financing through the courts. With the recent publication of the Maryland School Performance Program Reports, however, and enlightened decisions in other jurisdictions holding similar public school financing schemes unconstitutional, evidence has emerged which is capable of reviving a state constitutional challenge to Maryland's existing public school financing scheme which is based upon local wealth.


Strangers In Paradise: An Overview Of Maryland State Law Dealing With Noncitizens, William Karl Wilburn Jan 1991

Strangers In Paradise: An Overview Of Maryland State Law Dealing With Noncitizens, William Karl Wilburn

University of Baltimore Law Review

No abstract provided.


Standing At The Crossroads: An Empirical Analysis Of No-Fault Automobile Insurance And Its Potential Consequences For Maryland, William P. Atkins Jan 1991

Standing At The Crossroads: An Empirical Analysis Of No-Fault Automobile Insurance And Its Potential Consequences For Maryland, William P. Atkins

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Mandel V. O'Hara: Governor Enjoys Absolute Immunity Based On Approval Or Veto Of Legislative Enactments, Lesley M. Brand Jan 1991

Recent Developments: Mandel V. O'Hara: Governor Enjoys Absolute Immunity Based On Approval Or Veto Of Legislative Enactments, Lesley M. Brand

University of Baltimore Law Forum

No abstract provided.


Recent Developments: California V. Acevedo: Fourth Amendment Authorizes Warrantless Search Of Container Within Automobile Where Probable Cause To Search Exists Only To The Container But Not To The Automobile Itself, Kim-Haylee Loewenstein Band Jan 1991

Recent Developments: California V. Acevedo: Fourth Amendment Authorizes Warrantless Search Of Container Within Automobile Where Probable Cause To Search Exists Only To The Container But Not To The Automobile Itself, Kim-Haylee Loewenstein Band

University of Baltimore Law Forum

No abstract provided.


Recent Developments: California V. Hodari D.: For Purposes Of Fourth Amendment, No Seizure Occurred By Mere Showing Of Police Authority Without Submission By The Suspect, Elizabeth Lee Jan 1991

Recent Developments: California V. Hodari D.: For Purposes Of Fourth Amendment, No Seizure Occurred By Mere Showing Of Police Authority Without Submission By The Suspect, Elizabeth Lee

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Minnick V. Mississippi: Right To Counsel During Custodial Interrogation Bars Police Initiated Discussions Unless Counsel Is Present, William P. Atkins Jan 1991

Recent Developments: Minnick V. Mississippi: Right To Counsel During Custodial Interrogation Bars Police Initiated Discussions Unless Counsel Is Present, William P. Atkins

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum Volume 22 Number 2 (Fall 1991) Front Matter Jan 1991

University Of Baltimore Law Forum Volume 22 Number 2 (Fall 1991) Front Matter

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Mitchell V. Maryland Casualty Co.: For The Purposes Of Asbestos-Related Diseases Under A General Liability Insurance Policy, "Bodily Injury" Occurs When The Victim Is Initially Exposed To The Hazardous Condition, Kenneth J. Goldsmith Jan 1991

Recent Developments: Mitchell V. Maryland Casualty Co.: For The Purposes Of Asbestos-Related Diseases Under A General Liability Insurance Policy, "Bodily Injury" Occurs When The Victim Is Initially Exposed To The Hazardous Condition, Kenneth J. Goldsmith

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Federated Department Stores V. Le: Employer Potentially Liable To Its Employee For Tortious Conduct Of A Co-Employee, Steven B. Drucker Jan 1991

Recent Developments: Federated Department Stores V. Le: Employer Potentially Liable To Its Employee For Tortious Conduct Of A Co-Employee, Steven B. Drucker

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Alexander & Alexander V. Evander & Assoc., Inc.: Court Of Special Appeals Vacates State's Largest Punitive Award, Catherine E. Head Jan 1991

Recent Developments: Alexander & Alexander V. Evander & Assoc., Inc.: Court Of Special Appeals Vacates State's Largest Punitive Award, Catherine E. Head

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Now V. Operation Rescue: Injunction Prohibiting Blocking Access To Abortion Facilities In Violation Of Civil Rights Conspiracy Statute Upheld, Michael Scott Cohen Jan 1991

Recent Developments: Now V. Operation Rescue: Injunction Prohibiting Blocking Access To Abortion Facilities In Violation Of Civil Rights Conspiracy Statute Upheld, Michael Scott Cohen

University of Baltimore Law Forum

No abstract provided.


Recent Developments: In Re Moore: Debtors' Interests In Erisa-Qualified Profitsharing And Pension Plan Beyond The Reach Of Bankruptcy Trustee, Mary Jo Murphy Jan 1991

Recent Developments: In Re Moore: Debtors' Interests In Erisa-Qualified Profitsharing And Pension Plan Beyond The Reach Of Bankruptcy Trustee, Mary Jo Murphy

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Craig V. State: The Court Of Appeals Redefines When An Abused Child Is Considered Sufficiently Unavailable To Testify And Allows For The Taking Of Testimony By Closed-Circuit Television, Andrew S. Kasmer Jan 1991

Recent Developments: Craig V. State: The Court Of Appeals Redefines When An Abused Child Is Considered Sufficiently Unavailable To Testify And Allows For The Taking Of Testimony By Closed-Circuit Television, Andrew S. Kasmer

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Feist Publications, Inc. V. Rural Telephone Service Co.: Alphabetized Directory Listings Consisting Of Surnames And Telephone Numbers Are Not Subject To Copyright Protection, Kimberly A. Doyle Jan 1991

Recent Developments: Feist Publications, Inc. V. Rural Telephone Service Co.: Alphabetized Directory Listings Consisting Of Surnames And Telephone Numbers Are Not Subject To Copyright Protection, Kimberly A. Doyle

University of Baltimore Law Forum

No abstract provided.


Trading Claims During Bankruptcy After Allegheny, Apex, Revere, And The Proposed New Rules: Is A Goal Of Chapter 11 Now More Easily Obtained?, C. Paul Champion Iii Jan 1991

Trading Claims During Bankruptcy After Allegheny, Apex, Revere, And The Proposed New Rules: Is A Goal Of Chapter 11 Now More Easily Obtained?, C. Paul Champion Iii

University of Baltimore Law Forum

No abstract provided.


Accountants' Obligations Under Maryland's New Investment Adviser Law, John A. Gray Jan 1991

Accountants' Obligations Under Maryland's New Investment Adviser Law, John A. Gray

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Nissen Corp. V. Miller: Maryland Rejects The Continuity Of Enterprise Theory In Determining Products Liability Of Successor Corporations, Linda M. Googins Jan 1991

Recent Developments: Nissen Corp. V. Miller: Maryland Rejects The Continuity Of Enterprise Theory In Determining Products Liability Of Successor Corporations, Linda M. Googins

University of Baltimore Law Forum

No abstract provided.