Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 68

Full-Text Articles in Law

Criminal Doctrines Of Faith, David Jaros Oct 2018

Criminal Doctrines Of Faith, David Jaros

All Faculty Scholarship

Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants and a bulwark against overly aggressive law enforcement. But from arrest through trial, the Court has fashioned criminal constitutional procedure with a deep and abiding faith in the motivations of criminal justice system actors. Even decisions that vindicate individual constitutional rights at the expense of police and prosecutorial power are shaped by the Court’s fundamental trust in those same actors. They establish, in essence, “Criminal Doctrines of Faith.”

Criminal Doctrines of Faith pervade each stage of the criminal process — from cases ...


An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels Jul 2018

An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels

Articles

Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are not ...


Proposing A Single, Simpler Test For Cash Equivalency, Fred B. Brown Apr 2018

Proposing A Single, Simpler Test For Cash Equivalency, Fred B. Brown

All Faculty Scholarship

Under the cash method of accounting, generally taxpayers include income items that are received in the form of cash, checks, and property, in the year in which they are received. Under the cash equivalency doctrine, a promise to pay an amount in the future, even though it is a property right, generally will be included upon receipt only if the promise to pay constitutes a cash equivalent.

Whether an obligation is a cash equivalent is generally determined based on common law standards developed by the courts with some assistance from the Service. As a consequence, the current approach to cash ...


Recent Developments: Moats V. State, Ryan Zabel Mar 2018

Recent Developments: Moats V. State, Ryan Zabel

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Porter V. State, Tyler Marie Duckett Mar 2018

Recent Developments: Porter V. State, Tyler Marie Duckett

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018) Mar 2018

University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018)

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Doe V. Alternative Medicine Maryland, Llc, Marrio B. Davis Mar 2018

Recent Developments: Doe V. Alternative Medicine Maryland, Llc, Marrio B. Davis

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Lamalfa V. Hearn, W. Ryan Parry Mar 2018

Recent Developments: Lamalfa V. Hearn, W. Ryan Parry

University of Baltimore Law Forum

No abstract provided.


Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler Mar 2018

Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler

University of Baltimore Law Forum

No abstract provided.


Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover Mar 2018

Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Ceccone V. Carroll Home Services, Molly Miller Mar 2018

Recent Developments: Ceccone V. Carroll Home Services, Molly Miller

University of Baltimore Law Forum

No abstract provided.


Realizing "Meaningful" In Maryland: A Call For Reforming Maryland's Parole System In Light Of Graham, Miller, & Montgomery, Lila Meadows Mar 2018

Realizing "Meaningful" In Maryland: A Call For Reforming Maryland's Parole System In Light Of Graham, Miller, & Montgomery, Lila Meadows

University of Baltimore Law Forum

No abstract provided.


Recent Developments: Green V. State, Taylor Koncen Mar 2018

Recent Developments: Green V. State, Taylor Koncen

University of Baltimore Law Forum

No abstract provided.


Recent Developments: In Re J.J., Kelly Gillett Mar 2018

Recent Developments: In Re J.J., Kelly Gillett

University of Baltimore Law Forum

No abstract provided.


Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman Jan 2018

Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman

University of Baltimore Journal of International Law

International adoption has been lauded and derided by the public since its initial surge into popularity following the Second World War. While international adoptions are regulated by numerous legal instruments (international and domestic), problems of gender discrimination, exploitation, and human trafficking are widespread and systemic. This article examines the impacts of the circumspection of women’s rights generally and women’s reproductive rights on international adoption. Ultimately this article argues that foreign policy initiatives promoting women’s reproductive freedoms economic empowerment would mitigate the problematic features of international adoption and they would be an important step toward reducing adoption rates ...


Aretha Franklin Was Right: Respect, We Need It, Sophia Franzak Jan 2018

Aretha Franklin Was Right: Respect, We Need It, Sophia Franzak

University of Baltimore Journal of International Law

No abstract provided.


The Stateless: Millions Of People Forgotten And Left Without Adequate Immigration Assistance, Where Does The United States Fit Into The Plight Of The Stateless?, Jasmine Pope Jan 2018

The Stateless: Millions Of People Forgotten And Left Without Adequate Immigration Assistance, Where Does The United States Fit Into The Plight Of The Stateless?, Jasmine Pope

University of Baltimore Journal of International Law

What is citizenship? What does it mean to be American, French, Sudanese, Thai, or Bolivian? Is it simply being born in any given country or is it something more than that? These are questions that for many people, they rarely think about on a daily basis, and yet for some, this question plagues every second and every ounce of their being. On a Sunday afternoon in December, thousands of people watch National Football League games. Prior to the start of every game, the National Anthem is sung. Some fans sing along, some fans stand in silence, some players pray, and ...


Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness Jan 2018

Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness

University of Baltimore Journal of International Law

A network of agreements comprising the investment treaty law regime cover international investments. It is a system rife with abuses made possible by loopholes and an inconsistent body of law. The system is in a legitimacy crisis and many seek to dismantle it entirely. Numerous alternatives and improvements have been proffered but few impactful steps have been taken to mitigate the problems within it. This comment advocates for an incremental approach that keeps the parts of the system that work while removing aspects that enable the most egregious abuses.


In The Face Of Brexit, The United Kingdom Has No Choice But To Provide Data Protection For Individuals, Organizations And Law Enforcement Agencies By Updating Their Legal Framework, Which Is Based Upon A 20-Year-Old Act., Logan Hayes Jan 2018

In The Face Of Brexit, The United Kingdom Has No Choice But To Provide Data Protection For Individuals, Organizations And Law Enforcement Agencies By Updating Their Legal Framework, Which Is Based Upon A 20-Year-Old Act., Logan Hayes

University of Baltimore Journal of International Law

The United Kingdom currently relies upon the Data Protection Act of 1998 (DPA 1998) to set the legal framework for the protection of data. That act is nearly 20-years-old and should be updated to echo the way in which data is now used and generated in an ever-evolving digital world. Due to Brexit, there is a need to protect data through stronger laws governing data protection that will also set up appropriate safeguards. The Data Protection Bill, introduced to the House of Lords on September 13, 2017 has the potential to do just that. Not only does this Bill have ...


War By Committee: An Examination Of Legislative War Powers, Nicholas Creel Jan 2018

War By Committee: An Examination Of Legislative War Powers, Nicholas Creel

University of Baltimore Journal of International Law

This paper will serve as an examination of the powers and limitations of the United States legislative branch of government in matters of war. In doing this, precedence will be given to specifically enumerated powers granted or withheld by the current Constitution of the United States. Founding documents, such as the Articles of Confederation and early state constitutions will also be examined and contrasted with the current legal regime in an attempt to better understand the true meaning behind the Constitution. International law, as it applies to American war powers, will also be examined when relevant.


China’S Approaches To The Western-Dominated International Law: A Historical Perspective From The Opium War To The South China Sea Arbitration Case, Anlei Zuo Jan 2018

China’S Approaches To The Western-Dominated International Law: A Historical Perspective From The Opium War To The South China Sea Arbitration Case, Anlei Zuo

University of Baltimore Journal of International Law

China’s approaches to international law are an example of non-Western peoples’ perspectives towards the Western-dominated international law. How has China understood and interacted with the Western- dominated international law since its modern history? This research provides a historical and evolutionary framework for “China and international law” to reveal China’s approaches to the Western dominated international law since the Opium War. It finds that China is historically critical and culturally conservative, and since the Opium War, it has interacted with the Western-dominated international law in a reluctant, instrumental and pragmatic way. The research concludes that the final goal of ...


University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter Jan 2018

University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter

University of Baltimore Journal of International Law

No abstract provided.


University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2 Jan 2018

University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2

University of Baltimore Journal of Land and Development

No abstract provided.


Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee Jan 2018

Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee

University of Baltimore Journal of Land and Development

No abstract provided.


Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan Jan 2018

Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan

University of Baltimore Journal of Land and Development

No abstract provided.


How Will Technology Change Cities?, Klaus Philipsen Jan 2018

How Will Technology Change Cities?, Klaus Philipsen

University of Baltimore Journal of Land and Development

No abstract provided.


Body-Worn Cameras: The Implementation Of Both The Police Department’S Rollout Of Cameras And The State’S Attorney’S Office’S Processing Of Data For Discovery, Daniel Bernard Trimble Jan 2018

Body-Worn Cameras: The Implementation Of Both The Police Department’S Rollout Of Cameras And The State’S Attorney’S Office’S Processing Of Data For Discovery, Daniel Bernard Trimble

University of Baltimore Law Review

No abstract provided.


The Untimely Death Of The On-Sale Bar To Patentability, Daniel J. Kim Jan 2018

The Untimely Death Of The On-Sale Bar To Patentability, Daniel J. Kim

University of Baltimore Law Review

No abstract provided.


You’Re Fired! Special Counsel Removal Authority And The Separation Of Powers, Adrianne C. Blake Jan 2018

You’Re Fired! Special Counsel Removal Authority And The Separation Of Powers, Adrianne C. Blake

University of Baltimore Law Review

No abstract provided.


Merging Inclusionary Zoning And Community Land Trusts To Increase Affordable Housing In Baltimore Without Displacing Neighborhoods, Chelsea King Jan 2018

Merging Inclusionary Zoning And Community Land Trusts To Increase Affordable Housing In Baltimore Without Displacing Neighborhoods, Chelsea King

University of Baltimore Law Forum

No abstract provided.