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Articles 241 - 270 of 284
Full-Text Articles in State and Local Government Law
Recent Development: Springer V. Erie Ins. Exch.: An Insurer May Not Invoke A Business Pursuit Exclusion To Abandon Its Duty To Defend Without Considering The Continuity And Profit Motive Of Its Insured's Business, Lauren Ellison
University of Baltimore Law Forum
The Court of Appeals of Maryland held that for a third party complaint to trigger a “business pursuits” exclusion, the insurer must consider the insured’s business continuity and profit motive. Springer v. Erie Ins. Exch., 439 Md. 142, 146, 94 A.3d 75, 78 (2014). The court further held that the allegations made in the third party’s complaint were insufficient to trigger the “business pursuits” exclusion.
University Of Baltimore Law Forum Volume 45 No. 1 (Fall 2014) Front Matter
University Of Baltimore Law Forum Volume 45 No. 1 (Fall 2014) Front Matter
University of Baltimore Law Forum
No abstract provided.
Recent Development: Fuster V. State: An Indigent Petitioner Is Not Entitled To Counsel For A Post Conviction Petition As The Decision Is Within The Court's Discretion, Bradley T. Bald
University of Baltimore Law Forum
The Court of Appeals of Maryland held that Maryland Rule 4-707(b) does not entitle an indigent petitioner to counsel for purposes of a post conviction petition for DNA testing. Fuster v. State, 437 Md. 653, 657-58, 89 A.3d 1114, 1116 (2014). In addition, the court held that the circuit court did not abuse its discretion by failing to consider whether to appoint the petitioner counsel under under section 8-201 of the Maryland Criminal Procedure Code. Id. The court further held that the circuit court used the correct legal standard in ruling on the petition. Id. Finally, the court held that …
Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a child is considered a third party for purposes of sibling visitation rights. In re Victoria C., 437 Md. 567, 591, 88 A.3d 749, 764(2014). The court further held that the sibling seeking visitation with a minor sibling must first make a prima facie case showing parental unfitness or exceptional circumstances before the court can apply the best interest of the child standard.
Charm City Televised & Dehumanized: How Cctv Bail Reviews Violate Due Process, Edie Fortuna Cimino, Zina Makar, Natalie Novak
Charm City Televised & Dehumanized: How Cctv Bail Reviews Violate Due Process, Edie Fortuna Cimino, Zina Makar, Natalie Novak
University of Baltimore Law Forum
On May 28, 2013, Torrey Johnson5 struggles to raise both his hands, handcuffed and seated shoulder-to-shoulder between two other defendants in the first row of the closed circuit television (“CCTV” or “videoconference”) bail review hearing room within the Baltimore Central Booking and Intake Center (“Centeral Booking”). There are two more rows of defendants behind Mr. Johnson, all in yellow jumpsuits, being watched by correctional officers. Separated by a three-foot wall, Mr. Johnson’s public defender sits out of sight from the video camera’s field of view, about ten feet away from her client. The judge quickly reads through Mr. Johnson’s rights. …
Recent Development: Barnes V. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When The Execution Of A Warrant Was Delayed For Three Hours; Police May Detain A Suspect After The Warrant Execution If They Reasonably Suspect Criminal Activity, Harrison Bliss
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a three-hour delay in the execution of a warrant was reasonable and did not constitute de facto arrest. Barnes v. State, 437 Md. 375, 394, 86 A.3d 1246, 1257 (2014). The court of appeals also held that a short investigatory detention, following the execution of the warrant, did not suggest de facto arrest, and therefore did not require probable cause. Id. at 397, 86 A.3d at 1259. Finally, the court held that the evidence collected from the search of an individual’s storage unit was lawfully obtained because the officers had the requisite …
Recent Development: Nash V. State: Jury Note Expressing Concern About Motives Behind A Juroror Ury Note Expressing Concern About Motives Behind A Jurororsumption Of Prejudice Requiring Voir Dire Sua Sponte, Nadya Cheatham
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a note from a jury, containing allegations that a juror would change her original voting position if it meant she could go home earlier, did not raise a presumption of prejudice and therefore did not require the trial judge to conduct voir dire sua sponte. Nash v. State, 439 Md. 53, 94 A.3d 23 (2014). Additionally, the court held that the trial judge did not abuse her discretion when she chose to release the jurors and remind them of their duties under oath, rather than directly assuring the impartiality of the jurors. …
Recent Development: Motor Vehicle Admin. V. Deering: A Driver Whose License Is Suspended Under The "Implied Consent, Administrative Per Se Law" Is Not Entitled To Consult With An Attorney Before Deciding Whether To Take A Breath Test, Patrick Toohey
University of Baltimore Law Forum
The Court of Appeals of Maryland held the implied consent, administrative per se law (“administrative per se law”) does not require that a suspected drunk driver be given the opportunity to consult an attorney before deciding whether to take a breath test. Motor Vehicle Admin. v. Deering, 438 Md. 611, 637, 92 A.3d 495, 511 (2014). The court found that the due process clause of the Fourteenth Amendment of the United States Constitution does not establish a pre-test right to counsel for a suspected drunk driver in an administrative proceeding.
Determining The Preemptive Effect Of Federal Law On State Statutes Of Repose, Adam Bain
Determining The Preemptive Effect Of Federal Law On State Statutes Of Repose, Adam Bain
University of Baltimore Law Review
No abstract provided.
Recent Development: Hamilton V. Kirson: The Court Of Appeals Of Maryland Held That Circumstantial Evidence Offered To Satisfy The Causation Element Of A Prima Facie Claim Of Negligence In Lead Paint Cases Must Demonstrate A Reasonable Probability, Not Mere Possibility, That The Subject Property Was The Cause Of The Lead Exposure, Matthew Stegman
University of Baltimore Law Forum
The Court of Appeals of Maryland held, in two consolidated cases, that circumstantial evidence presented to prove injuries from lead paint exposure was insufficient to survive a motion for summary judgment on the issue of causation.
Recent Development: Blackburn Ltd. P'Ship V. Paul: If A Trespasser Is A Member Of A Specific Class Protected By An Ordinance Or Statute, Property Owners Owe A Duty Of Care Despite Common Law Rule That No Such Duty Is Owed, Ame P. Roberts
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the Statute or Ordinance Rule might apply, regardless of the common law duty to trespassers. Blackburn Ltd. P’ship v. Paul, 438 Md. 100, 112, 90 A.3d 464, 471 (2014) (citing Brooks v. Lewin Realty III, Inc., 378 Md. 70, 78, 835 A.2d 616, 620-21 (2003)). The court further concluded that Christopher Paul was a member of the class intended to be protected by statute, and suffered those injuries that the statute sought to prevent. Id. at 126, 90 A.3d at 479. Finally, the court held that a genuine issue of material fact …
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
University of Baltimore Law Forum
A century ago, personal jurisdiction largely hinged on a simple litmus test: the defendant’s presence in the forum state. The issue of personal jurisdiction gained prevalence as the nation evolved from its earlier days of detached, semi-sovereign entities, whose citizens rarely interacted, to a nation where interstate commerce had increased, with interstate litigation growing correspondingly. In Pennoyer v. Neff, the Supreme Court of the United States effectively limited a state’s jurisdiction to persons physically present within its territorial borders. However, in today’s increasingly interconnected world, physical presence appears to represent an anachronism set in the post-Civil War, horse-and-buggy America of …
Government Internet Resources: Federal, State And Local, David E. Matchen Jr.
Government Internet Resources: Federal, State And Local, David E. Matchen Jr.
All Faculty Scholarship
This presentation discusses the basic outlines of federal legal research as well as state and local legal research. Discussion of state and local legal research is limited to Maryland, but many states have comparable systems.
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
Why Whistleblowers Lose: An Empirical And Qualitative Analysis Of State Court Cases, Nancy M. Modesitt
All Faculty Scholarship
This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees’ whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but …
International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas
University of Baltimore Journal of International Law
In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order to …
The Collective Bargaining Chips Are Down: How Wisconsin’S Collective Bargaining Restrictions Place The U.S. In Violation Of International Labor Laws, Amanda Webster
University of Baltimore Journal of International Law
On the surface, the United States serves as an international advocate and supporter of the basic principles of the International Labor Organization, which are to promote social justice and human rights through globally humane working conditions. Yet, on a deeper level, there exists a strained and contradictory relationship between the U.S. and the ILO. Despite being the largest ILO member state and a principal policymaker, the U.S. continues to refrain from ratifying key international labor law treaties. This inaction enables U.S. state and federal bodies to enact and uphold legislation that directly violate existing international labor law obligations. U.S. laws …
Referenda In Maryland: The Need For Comprehensive Statutory Reform, Michael D. Berman, Melissa O'Toole-Loureiro
Referenda In Maryland: The Need For Comprehensive Statutory Reform, Michael D. Berman, Melissa O'Toole-Loureiro
University of Baltimore Law Review
No abstract provided.
Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels
Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels
All Faculty Scholarship
In September of 2009, the U.S. Department of Justice (DOJ) announced that it would not prosecute former DOJ Civil Rights Division official Bradley Schlozman for alleged false statements made during his congressional testimony about personnel actions at DOJ. As many government lawyers will remember, a July 2, 2008, report of the DOJ Office of Professional Responsibility and Office of the Inspector General (hereinafter, the IG's report) found that Schlozman had violated the Civil Service Reform Act when he "considered political and ideological affiliations in hiring career attorneys and other personnel actions affecting career attorneys in the Civil Rights Division." Often …
New Options For State Indirect Purchaser Legislation: Protecting The Real Victims Of Antitrust Violations, Robert H. Lande
New Options For State Indirect Purchaser Legislation: Protecting The Real Victims Of Antitrust Violations, Robert H. Lande
All Faculty Scholarship
In Illinois Brick v. Illinois Co., the Supreme Court held that, under federal antitrust law, only direct purchasers have standing to sue antitrust violators for damages. Since most products travel through one or more intermediaries before reaching consumers, this decision left most true victims of illegal cartels and other antitrust violations without a remedy to compensate them. Illinois Brick Co. also had the effect of undermining the objective of optimal deterrence of antitrust violations-because direct purchasers often have a suboptimal incentive to sue, the Court's decision often allows violators to escape paying significant damages. For this reason firms are insufficiently …
Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane
Operatively White: Exploring The Significance Of Race And Class Through The Paradox Of Black Middle-Classness, Audrey Mcfarlane
All Faculty Scholarship
The black–white paradigm has been the crucial paradigm in racial geography of land use, housing and development. Yet it is worthwhile to consider that, in this context, distinctions based on race are accompanied by a powerful, racialized discourse of middle class versus poor. The black–white paradigm in exclusionary zoning, for example, involves the wealthy or middle-class white person (we need not even use the term white) protesting against or displacing the poor black person. (we also need not even use the term black). Another example of the racialized discourse of middle class versus poor is in the urban-gentrification context. The …
Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane
Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane
All Faculty Scholarship
The eminent domain debate, steeped in the language of property rights, currently lacks language and conceptual space to address what is really at issue in today's cities: complex, fundamental disagreements between market and community about Development. The core doctrinal issue presented by development is how can we acknowledge the subordination of citizens who happen to live in areas that are attractive to wealthier citizens. In particular, how should we address the political process failure reflected in the privatized methods of decisionmaking that typify redevelopment? The conceptual language and analytical construct for appropriately addressing these issues come from critical race theory …
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
All Faculty Scholarship
Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.
Remarkable Evolution: The Early Constitutional History Of Maryland, Charles A. Rees
Remarkable Evolution: The Early Constitutional History Of Maryland, Charles A. Rees
University of Baltimore Law Review
No abstract provided.
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
All Faculty Scholarship
Public-Private Partnerships are viewed quite positively. In the context of working with local government for economic development, the interests and concerns of the private appear to dominate the development decision-making. This Essay explores eminent domain decisions and community benefits agreements for standards for measuring the efficacy of these partnerships. It suggests ways in which we can begin to think about public accountability and public benefits to be derived from these partnerships.
Wrongful Discharge: The Use Of Federal Law As A Source Of Public Policy, Nancy M. Modesitt
Wrongful Discharge: The Use Of Federal Law As A Source Of Public Policy, Nancy M. Modesitt
All Faculty Scholarship
Wrongful discharge in violation of public policy circumscribes the employment at-will doctrine by prohibiting employers from firing employees who engage in conduct that is deemed to be protected by state or federal public policy. While much has been written about the pros and cons of such wrongful discharge claims, to date no scholarship has focused on the problems that arise when the source of public policy is a federal rather than state statute. This article analyzes the historical and current approaches to the use of federal statutes as a source of public policy to protect employees against discharge, concluding that …
Redevelopment And The Four Dimensions Of Class In Land Use, Audrey Mcfarlane
Redevelopment And The Four Dimensions Of Class In Land Use, Audrey Mcfarlane
All Faculty Scholarship
This essay begins with the proposition that the battle over the exercise of eminent domain as a question of the extent to which we accept local economic development as a proper exercise of local governmental authority. In light of the reality that economic development seeks to accomplish redevelopment to meet the social needs and consumption tastes of the affluent, the issue of local governments' autonomy to engage in redevelopment for economic development purposes is suffused with socioeconomic class struggles over land use. Therefore, the changes wrought by redevelopment challenge us to think and talk about class in ways for which …
The New Inner-City: Class Transformation, Concentrated Affluence And The Obligations Of The Police Power, Audrey Mcfarlane
The New Inner-City: Class Transformation, Concentrated Affluence And The Obligations Of The Police Power, Audrey Mcfarlane
All Faculty Scholarship
This article examines the role of local government in the process of urban spatial restructuring (gentrification). In light of the disparate needs and competing interests of different racial and socioeconomic groups seeking a place in the city, there are limits to local government's ability to facilitate redevelopment projects that deliberately aim to accomplish class transformation and exclusively reconfigure the inner city for the affluent. These limits exist by virtue of implied obligations of the police power.
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
All Faculty Scholarship
The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.
Who Fits The Profile?: Thoughts On Race, Class, Clusters And Redevelopment, Audrey Mcfarlane
Who Fits The Profile?: Thoughts On Race, Class, Clusters And Redevelopment, Audrey Mcfarlane
All Faculty Scholarship
This essay shifts the discussion of gentrification and redevelopment to consider the mechanics of exclusion in the formulation and operation of today's commercial retail shopping venues typically included in today's urban redevelopment projects. In particular the essay discusses the exclusionary implications of geo-demographic cluster classification systems that use race and class to construct profiles of desirable customers for urban redevelopment schemes.
Foreword, Byron L. Warnken