Law Commons^™

Objecting To Court Ordered Mediation, Jane C. Murphy

All Faculty Scholarship

Maryland judges have wide discretion to refer parties to mediate a variety of civil matters. Title 17 of the Maryland Rules, enacted in 1998, governs mediation of civil cases in the circuit courts. These rules are supplemented by Maryland Rule 9-205, which addresses mediation of child custody and visitation disputes. Although these rules define mediation and address mediator qualifications in some detail, they say very little about either a party's right to object to mediation or the court's authority to compel participation in mediation.

Given that the mediation rules are relatively new and mediation orders would generally be considered interlocutory, …

Results Of A Judicial Survey On The Maryland Department Of Juvenile Services, Gloria Danziger, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

The Irrational Supreme Court, Michael I. Meyerson

All Faculty Scholarship

Rationality is prized by lawyers. The 'rational review' test provides the constitutional minimum for due process and equal protection analysis. Unfortunately, even in an idealized world populated by perfectly rational people not all causes of irrational decision-making can be avoided. The basic nature of group decision-making inevitably creates the possibility of certain kinds of irrationality. The core of the problem is that, while deciding which party prevails is a binary decision [either one side or the other wins], there are often multiple issues that need to be decided in any particular case. The task of creating a system for selecting …

Time To Decide? The Laws Governing Mothers' Consents To The Adoption Of Their Newborn Infants, Elizabeth Samuels

All Faculty Scholarship

Adoption in the United States is a complex patchwork of law and practice that involves payments of nearly two billion dollars annually in fees and expenses. The adoptions that involve domestically born, voluntarily placed infants raise unique issues. In these as in all adoptions involving parental consent, two generally accepted goals of ethical and humane practice are first, avoiding unnecessary separation of families by ensuring that birth parents make informed and deliberate decisions and second, protecting the finality of placements. The two goals are ideally complementary, but in the case of domestic infant adoptions, there is a danger that pressure …

A Theory Of Access To Justice, Robert Rubinson

All Faculty Scholarship

This Article draws upon three observations: 1) the vast majority of disputes involve low-income litigants; 2) the vast majority of public and private resources of dispute resolution are allocated to disputes involving wealthy individuals and organizations; 3) any principled moral or ethical analysis demonstrates that the stakes are much higher in disputes involving low-income disputants than in disputes involving affluent individuals or organizations. Thus, the legal matters that attract a minute percentage of dispute resolution resources implicate issues of food and shelter, life and death. The Article describes a methodology - called "Resources of Dispute Resolution" or "RDR" - for …

The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble": A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N.C. Smalkin

All Faculty Scholarship

Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge William Young of the United States District Court for the District of Massachusetts, writing in the Federal Lawyer, pointed out that jury trials in federal civil cases declined 26% in the decade between 1989 and 1999, which he attributed to four factors: the district court judiciary's loss of focus on the core function of trying jury cases; the business community's loss of interest in jury adjudication (opting out of the legal system altogether in favor of arbitration); Congress's marginalizing the district court judiciary; and the …

Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller

All Faculty Scholarship

The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …

Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael A. Scaperlanda

Faculty Articles

No abstract provided.

Reply To Elizabeth Warren, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin

Faculty Scholarship

This Article provides a summary comparison of the processes in the United States and Canada for governmental approval of bank mergers. The topic came to prominence in 1998 when four of Canada's five largest banks unveiled plans that would have resulted in the Royal Bank of Canada merging with the Bank of Montreal and the Toronto Dominion Bank combining with the Canadian Imperial Bank of Commerce ("CIBC"). These proposed mergers were rejected by the then Finance Minister, Paul Martin. The reasons given included: (1) the resulting banking industry structure would have concentrated too much economic power in the hands of …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Assessing A Gps-Based Global Navigation Satellite System Within The Context Of The 2004 U.S. Space-Based Positioning, Navigation, And Timing Policy, [Author Redacted]

Journal of Air Law and Commerce

No abstract provided.

Search And Seizure At Cruising Altitude: An Analysis Of The Re-Born Federal Air Marshals And Fourth Amendment Complications In The Twenty-First Century, Katherine Stein

Journal of Air Law and Commerce

No abstract provided.

United States Aviation Safety Data: Uses And Issues Related To Sanctions And Confidentiality, James L. Simmons, Jefferty S. Forrest

Journal of Air Law and Commerce

No abstract provided.

Jurisdiction - Should The Jurisdictional Analysis Remain Stagnant In The Face Of The Modern Expansion Of International Trade Conducted Within The U.S. - Hms Aviation V. Layale Enterprises, S.A., Llyod A. Lim

Journal of Air Law and Commerce

No abstract provided.

Electronic Ticketing - Current Legal Issues, Ruwantissa Abeyratne

Journal of Air Law and Commerce

No abstract provided.

Airlines Jettison Their Pension Plans: Congress Must Act To Save The Pbgc And Protect Plan Beneficiaries, Jonathan E. Collins

Journal of Air Law and Commerce

No abstract provided.

Aviation Insurance Coverage Issues Beware The Renter Pilot, Guy H. Riddle

Journal of Air Law and Commerce

No abstract provided.

Critique Of Siemens V. Schenker: High Court Of Australia Decision 9 March 2004, John O'Reilly

Journal of Air Law and Commerce

No abstract provided.

Cellular Phones On Airplanes - An Idea Not Ready For Take-Off, Heather J. Panko

Journal of Air Law and Commerce

No abstract provided.

Public Space Travel - 2005: A Legal Odyssey Into The Current Regulatory Environment For United States Space Adventurers Pioneering The Final Frontier, Spencer H. Bromberg

Journal of Air Law and Commerce

No abstract provided.

Unconstitutional Delegation Of Prosecutorial Discretion In Texas: The Pollution Of Environmental Violation Deterrents., Suzanne M. Jost

St. Mary's Law Journal

The split amongst Texas officials regarding how to address the growing problem of enforcing environmental laws can most clearly be seen in the legislation surrounding environmental crimes. The most notable aspect of the 2003 amendment to the Texas Water Code (TWC) requires permission from the Texas Commission on Environmental Quality (TCEQ) before criminal charges may be brought against permit holders for criminal violations. The purpose of TCEQ’s administrative penalties is to focus primarily on pushing companies into compliance with the code. Yet, the TWC amendment brings the entire spectrum of polluters, from corporate dumpers to individual litterbugs, under its primary …

Backdoor Non-Competes In Texas: Trade Secrets., Ted Lee, Leila Ben Debba

St. Mary's Law Journal

The unpredictability of court decisions on covenants not to compete is an attorney’s nightmare in Texas. The Texas Supreme Court's decision in Light v. Centel Cellular (Light II), holding that trade secrets may serve as independent consideration for a valid covenant not to compete, has only exacerbated the situation. Currently, attorneys and clients alike are at the mercy of judicial unpredictability. Texas courts have managed to muddle their own underlying public policy on covenants not to compete with trade secrets. During the years preceding Light II, Texas courts consistently struck a balance between the legitimate rights of employers to protect …

Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson

St. Mary's Law Journal

Construction is the largest industry in the United States, and some regard the industry as the engine of the nation’s economy. Only the unavailability of unskilled labor can slow the growth of the construction industry in Texas. As such, Texas has welcomed the construction boom and has enacted statutes to accommodate further industry growth. Texas’ first legislative response came in the form of the Residential Construction Liability Act (RCLA). The RCLA alleviated liability for builders incurred under the Deceptive Trade Practices Act (DTPA). In 2003, the Texas Legislature continued to legislate in favor of builders by passing the Texas Residential …

Electronic Discovery: Not Your Father's Discovery., Howard L. Speight, Lisa C. Kelly

St. Mary's Law Journal

This Article examines recent developments in several areas of electronic discovery. It discusses spoliation, cost shifting, form of production, and recent developments in the case law. Additionally, this Article discusses the Texas Rules of Civil Procedure, revisions to the Federal Rules of Civil Procedure and local rules, as well as recommendations of the American Bar Association (ABA) regarding electronic discovery. In Zubulake v. UBS Warburg LLC, I-VI, Judge Scheindlin of the Southern District of New York, set out her vision for the management of electronic discovery. It is a sobering vision, with clarified responsibilities for counsel. Increasing the role of …

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph Thai

Faculty Articles

Torture as a past and present tool of interrogation in Iraq threatens to undermine the country's struggle towards democracy. In confronting the substantial task of reforming interrogation practices and their public perception, Iraqis may draw valuable lessons from the United States' experience with the constitutional regulation of the admissibility of confessions in criminal cases. After reviewing the constitutional bases relied on by the U.S. Supreme Court to exclude confessions, this Article argues that writing Miranda-like rules into the Iraqi constitution would go far in alleviating the especially coercive environment of custodial interrogation in Iraq and restoring public confidence in the …

A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino

Faculty Articles

No abstract provided.

The Gorge A. Leet Business Law Symposium: Corporate Governance: Directors Vs. Shareholders? - Introduction, George Dent

Case Western Reserve Law Review

No abstract provided.

Remarks Of Sec Commissioner Roel C. Campos, Roel C. Campos

Case Western Reserve Law Review

No abstract provided.

Comment: The Case For Real Shareholder Democracy, George Dent

Case Western Reserve Law Review

No abstract provided.