Law Commons^™

Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar

Articles by Maurer Faculty

Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …

Beyond Trust Species: The Conservation Potential Of The National Wildlife Refuge System In The Wake Of Climate Change, Robert L. Fischman, Robert Adamcik

Articles by Maurer Faculty

Over the last two decades, the U.S. Fish and Wildlife Service (“FWS”) has come to define its conservation mission in the context of species protection. The concept of “trust species” is now a common focal point for the myriad responsibilities of the FWS. This has become problematic for one of the major programs of the agency: management of the world’s largest biodiversity conservation network, the national wildlife refuge system (“NWRS”). A major legislative overhaul of the NWRS charter and the imperatives of climate change adaptation have weakened the concept as a reliable touchstone for NWRS management and expansion. The FWS …

From Programmatic Reform To Social Science Research: The National Tax Association And The Promise And Perils Of Disciplinary Encounters, Ajay K. Mehrotra, Joseph J. Thorndike

Articles by Maurer Faculty

This article uses the history of the National Tax Association (NTA), the leading twentieth-century organization of tax professionals, to strengthen our empirical understanding of the disciplinary encounter between law and the social sciences. Building on existing sociolegal scholarship, this article explores how the NTA embodied tax law's ambivalent historical interaction with public economics. Since its founding in 1907, the NTA has changed dramatically from an eclectic and catholic organization of tax professionals with a high public profile to an insular, scholarly association of mainly academic public finance economists. Using a mix of quantitative and qualitative historical evidence, we contend that …

A Tisket, A Tasket: Basketing And Corporate Tax Shelters, Leandra Lederman

Articles by Maurer Faculty

In an income tax system that comported with the economic, or Haig-Simons, definition of income, deductible expenses would not face source-based limitations. A true Haig-Simons income tax system therefore would not take the schedular approach of sorting different types of expenses and losses into distinct conceptual “baskets” containing corresponding types of income. Practical realities often require departing from the Haig-Simons norm, however. The U.S. federal income tax system does require individuals to basket a number of types of expenses and losses. For example, individuals’ passive activity losses can only be deducted from passive income gains. By contrast, most corporations taxed …

The Origin And Civil Law Foundation Of The Community Property System, Why California Adopted It And Why Community Property Principles Benefit Women, Caroline Bermeo Newcombe

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

No abstract provided.

Please Watch Your Language!: The Chronic Problem Of Assumption Of Risk, Dale L. Moore

Catholic University Law Review

No abstract provided.

Consent Is Not A Defense To Battery: A Reply To Professor Bergelson, Luis E. Chiesa

Journal Articles

In this essay I argue that, contrary to what most criminal law scholars believe, consent does not operate as a justification that relieves the actor of liability for conduct that admittedly satisfies the offense elements of battery. Rather, I contend that consent is only relevant to battery liability when, in conjunction with other factors, it modifies the definition of the crime in a way that reveals that the defendant’s act does not actually fall within the range of conduct prohibited by the offense. The argument proceeds in three parts.

In Part I, I argue that there are three ways of …

Punishing Without Free Will, Luis E. Chiesa

Journal Articles

Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …

Muslims In A Secular State: Islamic Law And Constitutions Islam In America

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

No abstract provided.

Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil

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

No abstract provided.

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

Faculty Book Display Case

The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. …

New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina

Water Matters!

This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.

Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.

Business Interest Cases – October 2009 Term, Leon D. Lazer, Leon Friedman

Scholarly Works

No abstract provided.

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials.

The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …

From Bricks And Mortar To Mega-Bytes And Mega-Pixels: The Changing Landscape Of The Impact Of Technology And Innovation On Urban Development, Patricia E. Salkin

Scholarly Works

This article reflects upon the impact that technology and innovation has had on urban development. From NASA's Landstat program, to Google maps and GPS, technology has had a significant impact on urban planning and land use law. The article begins with a discussion of the impact of the elevator and steel technologies on urban architecture and density, and then moves to changes in transportation such as the automobile and the development of public transportation systems. Green buildings, GIS, satellite data, online mapping, personal computers, the Internet and cell phones are all examined.

The Failing Promise Of Padilla: How Padilla V. Kentucky Should Have Changed The Game In North Dakota, But Did Not, Nicholas D. Thornton

North Dakota Law Review

No abstract provided.

North Dakota’S Seat Belt Defense: It’S Time For North Dakota To Statutorily Adopt The Doctrine Of Avoidable Consequences, Lindsay M. Harris

North Dakota Law Review

No abstract provided.

The Domestic Violence Leave Act: The Need For Victim Workplace Leave On A Federal Level And In North Dakota, Danielle Krause

North Dakota Law Review

Domestic violence is a growing problem in the United States, and imposing a federal law would be a start in reducing the negative repercussions survivors face. Many states already have laws that provide some type of time off from the workplace; while this is a step in the right direction, a federal law would guarantee higher safeguards for these individuals. The Domestic Violence Leave Act is one such law that would guarantee additional help for survivors and offer them the protection they need to preserve their employment. The Domestic Violence Leave Act would also be a great help to citizens …

Ronald N. Davies, My Friend, Myron H. Bright

North Dakota Law Review

No abstract provided.

Legal Symposium On Judge Ronald N. Davies: Role Of Judiciary In Enforcing Citizens’ Rights, Gerald W. Vandewalle

North Dakota Law Review

No abstract provided.

Commentary On A Courageous And Fair-Minded Jurist, Carlton J. Hunke

North Dakota Law Review

No abstract provided.

Collision Of Negligence Theory: Does A “Blackout” Constitute An Unavoidable, Sudden Emergency In North Dakota?, Vanessa L. Anderson

North Dakota Law Review

No abstract provided.

The Prohibition Against Recovering Attorney Fees In Mortgage Foreclosure: It’S Time For Delinquent Debtors To Pay The Piper In North Dakota, Stephen D. Larson

North Dakota Law Review

No abstract provided.

The Uniform Electronic Legal Material Act: "Desirable And Practicable" For North Dakota?, Rhonda R. Schwartz

North Dakota Law Review

No abstract provided.

Limitations On Easements In North Dakota May Have Unintended Consequences For Qualified Conservation Easement Charitable Contributions, Jon J. Jensen

North Dakota Law Review

No abstract provided.

Products Liability—Conflict Preemption: Rewriting The Test For Impossibility: The United States Supreme Court Removes The Protection Of The Law For Generic Drug Recipients, Amanda Brossart

North Dakota Law Review

No abstract provided.

Intellectual Property—Patents: The United States Supreme Court Affirms The Standard Of Proof For Patent Invalidity, Florent Martel

North Dakota Law Review

No abstract provided.

Proceedings Of The One Hundred Twelfth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

North Dakota Expertise: A Chance To Lead In Economically And Environmentally Sustainable Hydraulic Fracturing, Joshua P. Fershee

North Dakota Law Review

No abstract provided.