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2008

University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 170

Full-Text Articles in Law

Cyber Civil Rights, Danielle Keats Citron Dec 2008

Cyber Civil Rights, Danielle Keats Citron

Faculty Scholarship

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations. Today ...


At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner Dec 2008

At A Crossroads In The Charm City: Northern Central, United Railways And Power Politics At The Dawn Of Twentieth Century Baltimore - Northern Central Rr Co. V. United Railways & Electrinc Co. 105 Md. 345, Andrew R. Mccarty, David S. Warner

Legal History Publications

In June 1905, attorneys for the Northern Central Railway Company filed suit in Baltimore Superior Court against the United Railways and Electric Company. The suit charged that United Railways owed Northern Central for a portion of the expenses incurred by Northern to repair two bridges in the City of Baltimore, Maryland. Northern Central’s railroad lines ran under the bridges and United Railways’ streetcar lines ran across them. The amount claimed was relatively small for a company the size of the Northern Central and the possibility of collecting somewhat remote even if the case were decided in its favor. However ...


Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron Nov 2008

Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron

Faculty Scholarship

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today ...


C-Drum News, V. 2, No. 1, Fall 2008 Oct 2008

C-Drum News, V. 2, No. 1, Fall 2008

The C-DRUM News

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2008 Oct 2008

Mid-Atlantic Ethics Committee Newsletter, Fall 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Newsletter, Fall 2008 Oct 2008

Newsletter, Fall 2008

Newsletter

No abstract provided.


Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius Sep 2008

Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius

Court Briefs

Amici curiae brief filed by 78 faculty members from the University of Maryland School of Law and the University of Baltimore School of Law, on behalf of Appellants Quinton Richmond, et al. Amicus members felt the need to comment on the application and implications of the statutory right to counsel under Maryland law for indigent criminal defendants. The issue before the Court of Appeals was whether the Court’s previous holding in McCarter v. State, 363 Md. 705 (2001), that the plain language of the Maryland Public Defender Act created a right to counsel during all stages of a criminal ...


Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja Starr Sep 2008

Sentence Reduction As A Remedy For Prosecutorial Misconduct, Sonja Starr

Faculty Scholarship

Current remedies for prosecutorial misconduct, such as reversal of conviction or dismissal of charges, are rarely granted by courts and thus do not deter prosecutors effectively. Further, such all-or-nothing remedial schemes are often problematic from corrective and expressive perspectives, especially when misconduct has not affected the trial verdict. When granted, such remedies produce windfalls to guilty defendants and provoke public re-sentment, undermining their expressive value in condemning misconduct. To avoid such windfalls, courts must refuse to grant any remedy at all, either re-fusing to recognize violations or deeming them harmless. This often leaves significant non-conviction-related harms unremedied and egregious prosecu-torial ...


Tobacco Regulation Review, V. 7, No. 2, Sept. 2008 Sep 2008

Tobacco Regulation Review, V. 7, No. 2, Sept. 2008

Tobacco Regulation Review

No abstract provided.


In Practice, V. 9, No. 1, Fall 2008 Sep 2008

In Practice, V. 9, No. 1, Fall 2008

In Practice

No abstract provided.


Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee Aug 2008

Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee

Faculty Scholarship

This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and the Terrorism Risk Insurance Act of 2002 and the Terrorism Risk Insurance Extension Act of 2005, along with references and further reading.


Congress Should Not Lower The Standard For Tax Return Preparers, Donald B. Tobin Aug 2008

Congress Should Not Lower The Standard For Tax Return Preparers, Donald B. Tobin

Faculty Scholarship

No abstract provided.


Testimony Before The U.S. House Of Representatives Appropriations Committee, Subcommittee On Agriculture, Rural Development. Food And Drug Administration, And Related Agencies, Regarding The “Commodity Futures Trading Commission”, Michael Greenberger Jul 2008

Testimony Before The U.S. House Of Representatives Appropriations Committee, Subcommittee On Agriculture, Rural Development. Food And Drug Administration, And Related Agencies, Regarding The “Commodity Futures Trading Commission”, Michael Greenberger

Congressional Testimony

Testimony before the U.S. House of Representatives Appropriations Committee, Subcommittee on Agriculture, Rural Development. Food and Drug Administration, and Related Agencies on the role of the Commodity Futures Trading Commission’s regulatory efforts Pertaining to excessive speculation within U.S. energy futures markets in general, and futures based on U.S. delivered crude oil contracts.


Testimony Before The U.S. House Of Representatives, Committee On Agriculture - “Potential Excessive Speculation In Commodity Markets: The Impact Of Proposed Legislation", Michael Greenberger Jul 2008

Testimony Before The U.S. House Of Representatives, Committee On Agriculture - “Potential Excessive Speculation In Commodity Markets: The Impact Of Proposed Legislation", Michael Greenberger

Congressional Testimony

Testimony before the U.S. House of Representatives, Committee on Agriculture. 110th Congress, 2nd Session (July 10-11, 2008).


Mid-Atlantic Ethics Committee Newsletter, Summer 2008 Jul 2008

Mid-Atlantic Ethics Committee Newsletter, Summer 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Environmental Law At Maryland, No. 26, Summer-Fall 2008 Jul 2008

Environmental Law At Maryland, No. 26, Summer-Fall 2008

Environmental Law at Maryland

No abstract provided.


Technological Due Process, Danielle Keats Citron May 2008

Technological Due Process, Danielle Keats Citron

Faculty Scholarship

Distinct and complementary procedures for adjudications and rulemaking lie at the heart of twentieth-century administrative law. Due process required agencies to provide individuals notice and an opportunity to be heard. Agencies could foreclose policy issues that individuals might otherwise raise in adjudications through public rulemaking. One system allowed focused advocacy; the other featured broad participation. Each procedural regime compensated for the normative limits of the other. Both depended on clear statements of reason.

The dichotomy between these procedural regimes has become outmoded. This century’s automated decision-making systems collapse individual adjudications into rulemaking while adhering to the procedural safeguards of ...


A Guide To Biotechnology Law And Business* By Robert A. Bohrer, Lawrence M. Sung Apr 2008

A Guide To Biotechnology Law And Business* By Robert A. Bohrer, Lawrence M. Sung

Faculty Scholarship

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2008 Apr 2008

Mid-Atlantic Ethics Committee Newsletter, Spring 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


C-Drum News, V. 1, No. 2, Spring 2008 Apr 2008

C-Drum News, V. 1, No. 2, Spring 2008

The C-DRUM News

No abstract provided.


Newsletter, Winter/Spring 2008 Apr 2008

Newsletter, Winter/Spring 2008

Newsletter

No abstract provided.


In Practice, V. 8, No. 2, Spring 2008 Apr 2008

In Practice, V. 8, No. 2, Spring 2008

In Practice

No abstract provided.


Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung Mar 2008

Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung

Faculty Scholarship

As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however. Indeed, there has been a significant movement over the past several years to establish specialized drug courts, community courts, mental health courts, and domestic violence courts. One common element among these efforts is the idea that specialized courts ...


The Ownership Delusion: When Law Libraries "Buy" Electronic Documents, Are They Getting More, Or Simply Paying More?, Simon Canick Feb 2008

The Ownership Delusion: When Law Libraries "Buy" Electronic Documents, Are They Getting More, Or Simply Paying More?, Simon Canick

Faculty Scholarship

This article explores the issues surrounding electronic document ownership in academic libraries. It discusses the guidelines of AALL with regard to licensing electronic materials, and how it measures up to what vendors are willing to offer. The author takes a critical stance on who benefits from the electronic document ownership agreements.


Tobacco Regulation Review, V. 7, No. 1, Feb. 2008 Feb 2008

Tobacco Regulation Review, V. 7, No. 1, Feb. 2008

Tobacco Regulation Review

No abstract provided.


Like A Virgin? Virginity Testing As Hiv/Aids Prevention: Human Rights Universalism And Cultural Relativism Revisited, Erika George Jan 2008

Like A Virgin? Virginity Testing As Hiv/Aids Prevention: Human Rights Universalism And Cultural Relativism Revisited, Erika George

International & Comparative Law Colloquium Papers

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 Jan 2008

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 ...


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

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

Law & Health Care Newsletter

No abstract provided.


Privatization, Policy Paralysis, And The Poor, David A. Super Jan 2008

Privatization, Policy Paralysis, And The Poor, David A. Super

Faculty Scholarship

No abstract provided.


Taking Care Of John Marshall's Political Ghost, Michael P. Van Alstine Jan 2008

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

Faculty Scholarship

No abstract provided.