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2008

University of Maryland Francis King Carey School of Law

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Articles 151 - 170 of 170

Full-Text Articles in Law

Even Better Than The Real Thing: How Courts Have Been Anything But Liberal In Finding Genuine Questions Raised As To The Authenticity Of Originals Under Rule 1003, Colin Miller Jan 2008

Even Better Than The Real Thing: How Courts Have Been Anything But Liberal In Finding Genuine Questions Raised As To The Authenticity Of Originals Under Rule 1003, Colin Miller

Maryland Law Review

No abstract provided.


Impersonating The Legislature: State Attorneys General And Parens Patriae Product Litigation, Donald G. Gifford Jan 2008

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 …


What Does Documentary Filmmaking Have To Do With Practicing Law?, Peggy Cooper Davis Jan 2008

What Does Documentary Filmmaking Have To Do With Practicing Law?, Peggy Cooper Davis

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Cross-Examining Film, Jessica Silbey Jan 2008

Cross-Examining Film, Jessica Silbey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Introduction, Taunya Lovell Banks Jan 2008

Introduction, Taunya Lovell Banks

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff Jan 2008

Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello Jan 2008

A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess Jan 2008

Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Mothers, Babies And Jail, Rebecca Johnson Jan 2008

Mothers, Babies And Jail, Rebecca Johnson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy Jan 2008

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell Jan 2008

Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson Jan 2008

“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John Stinson Jan 2008

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John Stinson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny Jan 2008

Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters Jan 2008

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

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival Jan 2008

Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival

Faculty Scholarship

In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …


Capture, Accountability, And Regulatory Metrics, Sidney A. Shapiro, Rena I. Steinzor Jan 2008

Capture, Accountability, And Regulatory Metrics, Sidney A. Shapiro, Rena I. Steinzor

Faculty Scholarship

No abstract provided.


21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival Jan 2008

21世纪环境法展望 (Environmental Law In The 21st Century), Robert V. Percival

Faculty Scholarship

After reviewing the history of environmental law, this article discusses some important lessons that can be learned from its successes and failures. It discusses the continued influence of common law notions of causal injury on the administrative state and how the globalization of environmental concerns is affecting environmental law throughout the world. It concludes by venturing some predictions concerning the future of environmental law.


El Surgimiento Del Derecho Ambiental Global, Robert V. Percival Jan 2008

El Surgimiento Del Derecho Ambiental Global, Robert V. Percival

Faculty Scholarship

Legal systems across the globe are responding to environmental concerns in surprising new ways. As nations upgrade their environmental standards, some are transplanting law and regulatory policy innovations derived from the experience of other countries, including nations with very different legal and cultural traditions. New national, regional, and international initiatives have been undertaken both by governments and private organizations. Greater cross-border collaboration between government officials, nongovernmental organizations, multinational corporations and other entities is shaping environmental policy in ways that blur traditional private/public land domestic/international distinctions. The result has been the emergence of a kind of “global environmental law” – law …


The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner Jan 2008

The Corporate Governance And Public Policy Implications Of Activist Distressed Debt Investing, Michelle M. Harner

Faculty Scholarship

Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel, operational strategies, asset holdings or capital structure. The chapter 11 bankruptcy cases of Allied Holdings, Inc. and its affiliates exemplify the strategies of activist distressed debt investors. In the Allied cases, Yucaipa Companies, a distressed debt investor, purchased approximately 66% of Allied's outstanding general unsecured bond debt. Yucaipa used this debt position to exert significant influence …