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2013

University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 248

Full-Text Articles in Law

Table Of Contents Dec 2013

Table Of Contents

Maryland Law Review

No abstract provided.


The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax Nov 2013

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Maryland Law Review Online

No abstract provided.


Reflections On The Cost Of "Low-Cost" Whole Genome Sequencing: Framing The Health Policy Debate, Timothy Caulfield, Jim Evans, Amy Mcguire, Christopher Mccabe, Tania Bubela, Robert Cook-Deegan, Jennifer Fishman, Stuart Hogarth, Fiona A. Miller, Vardit Ravitsky, Barbara Biesecker, Pascal Borry, Mildred K. Cho, June C. Carroll, Holly Etchegary, Yann Joly, Kazuto Kato, Sandra Soo-Jim Lee, Karen H. Rothenberg, Pamela Sankar, Michael J. Szego, Pilar Ossorio, Daryl Pullman, Francois Rousseau, Wendy J. Ungar, Brenda Wilson Nov 2013

Reflections On The Cost Of "Low-Cost" Whole Genome Sequencing: Framing The Health Policy Debate, Timothy Caulfield, Jim Evans, Amy Mcguire, Christopher Mccabe, Tania Bubela, Robert Cook-Deegan, Jennifer Fishman, Stuart Hogarth, Fiona A. Miller, Vardit Ravitsky, Barbara Biesecker, Pascal Borry, Mildred K. Cho, June C. Carroll, Holly Etchegary, Yann Joly, Kazuto Kato, Sandra Soo-Jim Lee, Karen H. Rothenberg, Pamela Sankar, Michael J. Szego, Pilar Ossorio, Daryl Pullman, Francois Rousseau, Wendy J. Ungar, Brenda Wilson

Faculty Scholarship

The cost of whole genome sequencing is dropping rapidly. There has been a great deal of enthusiasm about the potential for this technological advance to transform clinical care. Given the interest and significant investment in genomics, this seems an ideal time to consider what the evidence tells us about potential benefits and harms, particularly in the context of health care policy. The scale and pace of adoption of this powerful new technology should be driven by clinical need, clinical evidence, and a commitment to put patients at the centre of health care policy.


Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann Nov 2013

Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …


Newsletter Fall 2013 Oct 2013

Newsletter Fall 2013

Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2013 Oct 2013

Mid-Atlantic Ethics Committee Newsletter, Fall 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


On Duopoly And Compensation Games In The Credit Rating Industry, Robert J. Rhee Oct 2013

On Duopoly And Compensation Games In The Credit Rating Industry, Robert J. Rhee

Faculty Scholarship

Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008–2009 would not have occurred, and the course of world history would have been different. There is a near universal consensus that reform is needed, but none as to the best approach. The problem has not been solved. This Article offers the simplest fix proposed thus far, and it is contrarian. Unlike other reform proposals, this Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of …


Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek Oct 2013

Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek

Faculty Scholarship

What are the aims of the revitalization conducted by local officials: for which social goods? Good for whom? By what means can the city’s people understand and influence the tradeoffs made by their government in the redevelopment of city blocks already occupied by residents. This is more than a matter of development finance or physical redevelopment. It is a question of social justice, of whose reality counts in the legal process utilized to reach development decisions and approve significant public subsidy for the projects that are remaking American cities.

Sherry Arnstein, writing in 1969 about citizen involvement in planning processes …


Law & Health Care Newsletter, V. 21, No. 1, Fall 2013 Oct 2013

Law & Health Care Newsletter, V. 21, No. 1, Fall 2013

Law & Health Care Newsletter

No abstract provided.


C-Drum News, Fall 2013 Oct 2013

C-Drum News, Fall 2013

The C-DRUM News

No abstract provided.


Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White Oct 2013

Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White

Student Articles and Papers

No abstract provided.


In Practice, V. 14, No. 1, Fall 2013 Oct 2013

In Practice, V. 14, No. 1, Fall 2013

In Practice

No abstract provided.


Environmental Law At Maryland, No. 35, Fall 2013 Oct 2013

Environmental Law At Maryland, No. 35, Fall 2013

Environmental Law at Maryland

No abstract provided.


Business Law Bulletin, Fall 2013 Oct 2013

Business Law Bulletin, Fall 2013

Business Law Bulletin

No abstract provided.


Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland Sep 2013

Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland

Court Briefs

The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a …


The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee Sep 2013

The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee

Faculty Scholarship

The terrorist attacks of September 11, 2001, inflicted enormous losses on the insurance industry and businesses. In the wake of the disruptions occurring in the insurance market at the time, the government enacted the Terrorism Risk Insurance Act of 2002 to create a “temporary” federal backstop against catastrophic losses. This program subsidized private risk with public funds through a cost-sharing program for which the government does not receive any compensation. The compelling need for the program was unclear even in the smoldering aftermath of 9/11. Yet in response to effective lobbying by the insurance industry and business interests, Congress has …


Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark A. Graber Sep 2013

Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark A. Graber

Faculty Scholarship

No abstract provided.


Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power Sep 2013

Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power

Faculty Scholarship

For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812.

While the focus of the seminar has changed from year …


Justadvice: Studying Law In Snapshots, Brenda Bratton Blom, Leigh Maddox Aug 2013

Justadvice: Studying Law In Snapshots, Brenda Bratton Blom, Leigh Maddox

Faculty Scholarship

Access to legal services continues to be a critical need in the United States. Clinical programs in law schools are part of responding to the demand for these services, but often face the challenge of filling gaps left by larger programs serving the poor or responding to unique legal needs. JustAdvice was designed to provide limited advice to a broad range of people with legal needs, unbundling those services where possible. The story of the development, implementation and transformation of the program into a teaching, triage and referral system that importantly links multiple organizations and services is the core of …


Paradoxes Of Digital Antitrust, Frank A. Pasquale Jul 2013

Paradoxes Of Digital Antitrust, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga Jul 2013

Effective Clean Air Act Enforcement In The Face Of Statute-Of-Limitations And Successor Liability Barriers, Paul Wierenga

Student Articles and Papers

The volume of NOX andSO2 emissions each year from unregulated, grandfathered power plants demonstrates that the goal of the CAA's PSD program, to ensure that air quality standards under NAAQS do not in effect become a ceiling, has achieved only limited success. One significant challenge under the PSD program is the difficulty associated with identifying major emitting facilities that have made major modiciations. This repeatedly results in statute-of-limitations problems for enforcement efforts. To resolve this enforcement difficulty, reviewing courts have split into two competing interpretations of the statutory and regulatory requirements of the PSD program. The proper interpretation …


Corporate Culture And Erm, Michelle M. Harner Jul 2013

Corporate Culture And Erm, Michelle M. Harner

Faculty Scholarship

The attitudes and actions of those viewed as leaders within a company (commonly referred to as “tone at the top”) help to define corporate culture and are critical to implementing a successful enterprise risk management (ERM) program. This paper explores the challenges and benefits of creating a risk-aware corporate culture, including the potential legal implications for boards of directors.


Engage In Cyber Security - The Power And Responsibility Is Yours, Avery M. Blank Jun 2013

Engage In Cyber Security - The Power And Responsibility Is Yours, Avery M. Blank

Homeland Security Publications

No abstract provided.


Newsletter Spring/Summer 2013 Apr 2013

Newsletter Spring/Summer 2013

Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2013 Apr 2013

Mid-Atlantic Ethics Committee Newsletter, Spring 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Health Care Newsletter, V. 20, No. 2, Spring 2013 Apr 2013

Law & Health Care Newsletter, V. 20, No. 2, Spring 2013

Law & Health Care Newsletter

No abstract provided.


Business Law Bulletin, Spring 2013 Apr 2013

Business Law Bulletin, Spring 2013

Business Law Bulletin

No abstract provided.


Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor Mar 2013

Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor

Congressional Testimony

No abstract provided.


The Potential Cost And Value Of Erm, Michelle M. Harner Mar 2013

The Potential Cost And Value Of Erm, Michelle M. Harner

Faculty Scholarship

The concept of enterprise risk managment (ERM) as a holistic approach to managing a company's risk profile has tremendous appeal. However, companies are frequently skeptical about its value and whether the results will justify the cost, effort, and challenges of implementing a meaningful ERM process. This report considers some of those concerns and highlights the governance, compliance, and cultural value of ERM.


What Is The Best Way For Manufacturers And Physicians To Apply Sunscreen To Avoid Being Burned By The Final Sunshine Act Regulations?, Abraham Gitterman Feb 2013

What Is The Best Way For Manufacturers And Physicians To Apply Sunscreen To Avoid Being Burned By The Final Sunshine Act Regulations?, Abraham Gitterman

Student Articles and Papers

This [article] explains the requirements under the Patient Protection and Affordable Health Care Act’s Physician Payment Sunshine Act that all medical product manufacturers report to Health and Human Services (HHS) any payment or transfer of value made to physicians and teaching hospitals. Author Abraham Gitterman ... warns that manufacturers may face adverse consequences of public access to payment data, including fraud and abuse investigations and private litigation actions. He recommends that manufacturers begin training employees to ensure compliance with the statute and reduce the likelihood of further investigations. He further suggests that the Center for Medicare & Medicaid Services (CMS) …