Law Commons^™

Recent Developments: House Bill 434: Estates & Trusts - Lien For Payment Of Inheritance Tax, Bryon S. Bereano

University of Baltimore Law Forum

No abstract provided.

Recent Developments: House Bill 738: Family Law - Domestic Violence - Relief, Holly A. Currier

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Coates V. Southern Maryland Electric Cooperative, Inc.: Utility Pole Owners Have A Duty To Refrain From Creating Unreasonable Risks To Roadway Travelers, Brent Bolea

University of Baltimore Law Forum

No abstract provided.

The Importance Of Being Empirical, Michael Heise

Cornell Law Faculty Publications

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.

What Europe, Japan, And Other Countries Can Learn From The New American Restatement Of Products Liability, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson

Faculty Scholarship

I shall begin the development of this proposition with a theme from a "Last Lecture" I was asked to deliver by the UNM Campus Ministries several years ago. I was asked to pretend that I would die immediately after giving the lecture. I opened the lecture with a story my mother used to tell us about the time she was traveling on Trailways with two of my older brothers, then toddlers. The bus driver asked her to move to the back of the bus. She had not wanted to get up but decided that compliance with the demand was in …

Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson

Faculty Scholarship

In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest otherwise. They are statutory torts founded upon equality principles. What I intended was to draw more upon the general tort principles involved in an antidiscrimination action. I specifically invoked the notion of using mass tort theories. I wish to sketch a brief but …

A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez

Faculty Scholarship

"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …

Reintegrative Shaming In Corporate Sentencing, Jayne W. Barnard

Faculty Publications

No abstract provided.

International Comity And The Foreign Tax Credit: Crediting Nonconforming Taxes, Glenn E. Coven

Faculty Publications

No abstract provided.

The Privilege's Last Stand: The Privilege Against Self-Incrimination And The Right To Rebel Against The State, Michael S. Green

Faculty Publications

No abstract provided.

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

How Much Justice Hangs In The Balance? A New Look At Hung Jury Rates, Paula Hannaford-Agor, Valerie P. Hans, G. Thomas Munsterman

Faculty Publications

This article discusses what is currently known about hung juries based on exist­ing empirical research and examines some preliminary data about the contempo­rary incidence of hung juries in the federal courts and several state courts. The paucity of information on hung jury rates highlights the need for a rigor­ous and system-wide examination that extends beyond the scope of the jury itself and encompasses the insti­tutional characteristics of each juris­diction and how those characteristics affect the types of cases that are pre­sented to juries.

This abstract has been taken from the authors' introduction.

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experi­ences, and reactions during trial as well as what they perceived to be the benefits and drawbacks of juror discussions. The data revealed that the majority …

Toward A New Understanding Of Abuse Of Nationality In Claims Before The Iran-United States Claims Tribunal, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Windfalls, Eric Kades

Faculty Publications

No abstract provided.

The American Courtroom Trial: Pop Culture, Courthouse Realities, And The Dream World Of Justice, David Ray Papke

Faculty Publications

No abstract provided.

Patient Safety, Risk Reduction, And The Law, Larry I. Palmer

Faculty Publications

No abstract provided.

If You Don't Have Anything Good To Say..., Peter A. Alces

Faculty Publications

No abstract provided.

W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces

Faculty Publications

No abstract provided.

When Y2k Causes "Economic Loss" To "Other Property", Peter A. Alces, Aaron S. Book

Faculty Publications

No abstract provided.

Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks

Faculty Publications

No abstract provided.

Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss

Publications

Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

Publications

No abstract provided.

Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter

Publications

According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …

Herd Behavior In Designer Genes, Peter H. Huang

Publications

The ability of individuals to choose their children's genes has increased over time and may ultimately culminate in a world involving free market reprogenetic technologies. Reprogenetic technologies combine advances in reproductive biology and genetics to provide humans increased control over their children's genes. This Article offers economic perspectives that are helpful in understanding the possibly unexpected ethical, legal, and social issues at stake in using reprogenetic technologies for trait enhancement selection. The Appendix analyzes two competitive games that might arise in such a biotechnological society. Specifically, the Article focuses on herd behavior, caused by either a popularity contest or positional …