• Home
  • Search
  • Browse Collections
  • My Account
  • About
  • DC Network Digital Commons Network™
Skip to main content
  • My Account
  • FAQ
  • About
  • Home

ScholarWorks@University of Baltimore School of Law

    Content Posted in 2015

    PDF

    AALS Membership: What Does It Mean to a Law School?, Walter A. Rafalko

    PDF

    Abortion Reform, Richard D. Lamm and Steven A.G. Davison

    PDF

    A Brief History of the University of Baltimore, Our School, James F. Schneider

    PDF

    A Bug in the Bugging Statute: United States v. Whitaker

    PDF

    A Case History of Industrial Design Success: The Dove Lamp, William T. Fryer III

    PDF

    Access to Legal Remedies. The Crisis in Family Law, Jane C. Murphy

    PDF

    Accountability in the Aftermath of Rwanda's Genocide, Jason Strain and Elizabeth Keyes

    PDF

    Accountability Solutions in the Consent Search and Seizure Wasteland, José F. Anderson

    PDF

    Accountants' Obligations under Maryland's New Investment Adviser Law, John A. Gray

    PDF

    A Chance to View Things from the Bench, Brian Seth Jablon

    PDF

    A Colleague's Observation... Jerome Frank as Prophet: Courts on Trial Revisited, Damian L. Halstad

    PDF

    A Collection of Poetry, Gregory J. Hobbs Jr.

    PDF

    A Comment on the 1988 Maryland General Assembly's Legislative Session, Robert L. Ehrlich Jr.

    PDF

    A Comment on the 1989 Maryland General Assembly's Legislative Session, Robert L. Ehrlich Jr.

    PDF

    A Comparison of the Restatement (Third) of Torts: Products Liability and the Maryland Law of Products Liability, Robert D. Klein

    PDF

    A Comprehensive Approach to Truancy for Baltimore City: A Roundtable Discussion, Barbara A. Babb and Gloria Danziger

    PDF

    A Court for the One Percent: How the Supreme Court Contributes to Economic Inequality, Michele E. Gilman

    PDF

    A Court of Appeals of Maryland Time Capsule: Six Historic Arguments in the Nation's Oldest Appellate Court

    PDF

    Acquired Immune Deficiency Syndrome and Employment Discrimination: A Workplace Dilemma, Adam Jason Sevel

    PDF

    A Critique of Bar Review Courses - To Review or Not to Review, That is the Question, Lindsay Schlottman

    PDF

    A Critique of Best Practices in Legal Education: Five Things All Law Professors Should Know, Michael T. Gibson

    PDF

    Addendum to the Baltimore City States Attorney's Office: The Sex Offense Task Force, Ron Byrd

     

    Additional Opportunities in the Legal Field and Applying to Law School, Gregory Dolin

    PDF

    Addressing the Workforce Housing Crisis in Maryland and throughout the Nation: Do Land Use Regulations That Preclude Reasonable Housing Opportunity Based upon Income Violate the Individual Liberties Protected by State Constitutions?, John J. Delaney

    PDF

    Addressing Truancy Is a Complex Challenge, Barbara A. Babb and Gloria Danziger

    PDF

    A Defense of Embryonic Stem Cell Research, Gregory Dolin

    PDF

    A Designer as an Expert Witness, Roland Carter

    PDF

    A Designer's View of Current Industrial Design Protection in the United States, Cooper C. Woodring

    PDF

    A Diagnosis, Dissection, and Prognosis of Maryland's New Wiretap and Electronic Surveillance Law, Richard P. Gilbert

    Link

    Administrative "Death Squads" for Patents? Assessing the New Administrative Procedures for Challenging Patents - Podcast, Peter Cicala, Gregory Dolin, Robert Sterne, and Mark F. Schultz

    PDF

    Administrative Law: Practical Pointers, Gary L. Crawford

    PDF

    Admission to the Bar in Maryland, Jerrold V. Powers

    PDF

    Adoption Procedures in Maryland, David Wise III

    PDF

    Advancing the CRA—Using the CRA's Strategic Plan Option to Promote Community Inclusion: The CRA and Community Inclusion, Cassandra Jones Havard

    PDF

    Adverse Employment Action in Retaliation Cases, Brian A. Riddell and Richard A. Bales

    Link

    Advocating for Nonresident Fathers in Child Welfare Court Cases, Daniel L. Hatcher

    PDF

    Aerial Surveillance by Helicopter Not Barred by Fourth Amendment, Paul J. Marino and Ellen Condon

    PDF

    A Faculty Guide to Photocopying for Classroom Use, Robert J. Kasunic

    PDF

    A Family Court for Maryland: The Time Has Come, Barbara A. Babb

    PDF

    A Farewell to Arms, Len Moodispaw

    PDF

    Affirming An Illegitimate Statute, Ron Byrd

    PDF

    A Fine Line, Redefined: Moving toward More Equitable Asylum Policies, Heather M. Kolinsky

    PDF

    A Forum Exclusive: New Format for Upcoming Maryland Bar Exam, Jeffrey S. Kluger

    PDF

    African-American Farmers and Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard

    PDF

    After 150 Years, Worst Supreme Court Decision Ever Continues to Haunt, F. Michael Higginbotham

    PDF

    After "Hiding the Ball" Is Over: How the NLRB Must Change Its Approach to Decision-Making, Michael Hayes

    PDF

    After Partition: The Perils of South Sudan, Mario Silva

    PDF

    After the Revolution: Egypt's Changing Forms of Corruption, M. Patrick Yingling and Mohamed A. Arafa

    PDF

    A Healer or an Executioner: The Proper Role of a Psychiatrist in a Criminal Justice System, Gregory Dolin

    PDF

    A Heightened Standard for Land Use Permits Redefines the Power Balance Between the Government and Landowners, Michael Farrell

    PDF

    A Home with Dignity: Domestic Violence and Property Rights, Margaret E. Johnson

    PDF

    A House Divided: Earl Caldwell, the New York Times, and the Quest for a Testimonial Privilege, Eric Easton

    PDF

    air Representation vs. Systematic Exclusion, J. Michael Earp

    PDF

    A Law & Economics Perspective on a "Traditional" Torts Case: Insights for Classroom and Courtroom, Robert H. Lande

    PDF

    A. Leon Higginbotham Jr.: Who Will Carry the Baton?, F. Michael Higginbotham and José F. Anderson

    Link

    All U.S. Sports Need an Anti-Doping Agency: The Anti-Doping Program That Brought down Lance Armstrong Should Cover Our Pro and College Sports, Too, Dionne L. Koller

    PDF

    Alteration of Wildlife Habitat as a Prohibited Taking Under the Endangered Species Act, Steven A.G. Davison

    PDF

    Alternative Sentencing For Sexual Deviates, Daniel Feeney

    PDF

    A Maryland Whistleblowers' Statute, Jeanette L. Cole

    PDF

    American Banker's Ass'n v. SEC: SEC Has No Authority to Regulate Banks Dealing with the Purchase and Sale of Securities, Cynthia A. Houghten

    PDF

    American Courts-Martial for Enemy War Crimes, Tara Lee

     

    American Epic: Reading the U.S. Constitution, Garrett Epps

     

    American Justice 2014: Nine Clashing Visions on the Supreme Court, Garrett Epps

    PDF

    American Workers' Compensation - After the Crossroads, Donald T. DeCarlo

    PDF

    America’s Death Penalty: Just Another Form of Violence, John Bessler

     

    America's Experiment with Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction: Third Edition, John Bessler

    PDF

    Amnesia and the Defendant's Competency to Stand Trial: Morrow v. State, 293 Md. 247, 443 A. 2d 108 (1982), Barbara Rhea Gathright

    PDF

    A More Humane Vision of Family Law: Holistic Approach Needed to Shield Children from the Trauma of Breakups, Barbara A. Babb and Mitchell K. Karpf

    PDF

    An Amendment to the Constitution of the United States to Protect the Rights of Crime Victims: Exploring the Effectiveness of State Efforts, Jennifer J. Stearman

    PDF

    An Analysis of the Baltimore City Police Complaint Evaluation Procedures, Stephen R. Cochell and John Alan Jones

    PDF

    An Analysis of the Maryland Mobile Home Park Act: A Need for Amendment, Steven G. Davison

    PDF

    An Analysis of Unified Family Courts in Maryland and California: Their Relevance for Ontario's Family Justice System, Barbara A. Babb

    PDF

    An Analysis Scheme for Law Films, Stefan Machura

    PDF

    An Arctic High, Frank Arentowicz Jr.

    PDF

    Ancient Decisions, Robert C. Becker

    PDF

    Ancillary Business: Will the Profession and the Public Benefit?, William I. Weston

    PDF

    And Death Shall Have No Dominion: How to Achieve the Categorical Exemption of Mentally Retarded Defendants from Execution, J. Amy Dillard

    PDF

    An Equity-Based, Multilateral Approach for Sourcing Income Among Nations, Fred B. Brown

    PDF

    A New Attempt at Defining an Old Maxim, Marvin B. Steinberg

    PDF

    An Experiment in Integrating Critical Theory and Clinical Education, Margaret E. Johnson

    PDF

    An Eye for a Wetland? Exploring Retribution as a Theory of Environmental Sentencing, Paul A. Gillan Jr.

    PDF

    An Honest Approach to Plea Bargaining, Steven P. Grossman

    PDF

    An Interdisciplinary Approach to Family Law Jurisprudence: Application of an Ecological and Therapeutic Perspective, Barbara A. Babb

    PDF

    An Interdisciplinary Approach to Family Law Jurisprudence: Application of an Ecological and Therapeutic Perspective, Barbara A. Babb

    PDF

    An International Restatement: The Unidroit Principles of International Commercial Contracts, E. Allan Farnsworth

    PDF

    Annotating the News: Mitigating the Effects of Media Convergence and Consolidation, Eric Easton

    PDF

    Annual Review: Annual Review of Maryland Law: The Court of Appeals of Maryland, 1995-96 Opinions, John B. Beckman, Joseph R. Salko, Christopher J. Marchand, Dan Curry, Jennifer R. Terrasa, Douglas I. Wood, Laurel Anne Albin, Gregory T. Lawrence, Laura L. Chester, Gabriel A. Terrasa, and Lucy M. Moran

    PDF

    Anonymity, Faceprints, and the Constitution, Kimberly N. Wehle

    PDF

    An Open Letter from Heaven to Barack Obama, F. Michael Higginbotham

    Link

    An Opportunity Missed?: Kimble v. Marvel Enterprises - Podcast, Gregory Dolin

    PDF

    Another Effect of Globalization: Role of Foreign Educated Lawyers in Maryland Legal Practice, Michele Gilligan

    PDF

    Appellate Fruit Salad and Other Concepts: A Short Course in Appellate Process, Amy E. Sloan

    PDF

    A Practical Guide to Voting Trusts, John J. Woloszyn

    PDF

    A Practitioner's Guide to the Statutes of Limitations in Product Liability Suits, Francis B. Burch Jr.

    PDF

    A Primer on Consumer Debt Collection, R. M. Dapkunas

    PDF

    A Primer on Recovering Attorney's Fees, James Kevin MacAlister

    PDF

    Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande

    PDF

    A Rebuttal to Cries for Computerized, "Do-itYourself' Legal Services, Abba David Poliakoff

    PDF

    A Regulatory Scheme That Works: The Case for a Statutory Right to Representation by Counsel in Maryland Residential Mortgage Transactions, Robert P. Pratz

    PDF

    A Report From the Placement Office, David Ash

    Link

    A Request from Heaven to the President: On the State of Race Relations in America Today, F. Michael Higginbotham

    PDF

    A Review of Real Property Support Rights in Maryland, Judith Ann Cross

    PDF

    A Review of the Maryland Construction Trust Statute Decisions in the Court of Appeals of Maryland and the United States Bankruptcy Court for the District of Maryland, David F. Albright Jr.

    PDF

    Are We Bulletproof?: A Defensive Business Strategy to Protect Health Care Companies from False Claims Act Litigation and Corporate Integrity Agreements, Jim Moye

    PDF

    A Roadmap through Malice, Actual or Implied: Punitive Damages in Torts Arising out of Contract in Maryland, Gary I. Strausberg

    PDF

    Arson In Maryland A New Legal Approach, Robert W. Glowinski

    PDF

    Artists' Rights: Should Maryland Grant Moral Rights?, Eric C. Schneider

    PDF

    A Salute to Black Judges of the Maryland Judiciary, David B. Mitchell

    PDF

    Asbestos Claims Facility: An Unprecedented, Private Alternative for Dispute Resolution, Anthony Zaccagnini

    PDF

    A Special Report on the Justice Department Anti-Trust Suit against the ABA, Lawrence E. Walsh

    PDF

    Assembly Bill to Speed Divorce after Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy

    PDF

    Assessing the Constitutionality of Adjusting Prisoner Census Data in Congressional Redistricting: Maryland's Test Case, Michelle Davis

    PDF

    Astrachan and Easton: Fight Wikileaks Case in Court, Not in Cyberspace, James B. Astrachan and Eric Easton

    PDF

    At His Discretion (n.): "To Be Disposed of as He Thinks Fit; At His Disposal, at His Mercy; Unconditionally", J. Amy Dillard

    PDF

    A Traditional and Textualist Analysis of the Goals of Antitrust: Efficiency, Preventing Theft from Consumers, and Consumer Choice, Robert H. Lande

    PDF

    A Tribute to Roger D. Groot: Always Mr. Groot, J. Amy Dillard

    PDF

    A Truancy Court Program to Keep Students in School, Barbara A. Babb

     

    A Truancy Court Program Toolkit, Barbara A. Babb, Gloria Danziger, Leigh Dalton, Anthony Green, and Arion Alston

    PDF

    Attorney Compensation in Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

    Link

    Attorney's Guide to Drugs in the Workplace, Tia Schneider Denenberg, Richard V. Denenberg, and Gloria Danziger

    PDF

    A Unified Approach to Causation in Disparate Treatment Cases: Using Sexual Harassment by Supervisors as the Causal Nexus for the Discriminatory Motivating Factor in Mixed Motive Cases, Margaret E. Johnson

    PDF

    A Unified Family Court, Barbara A. Babb

    PDF

    Authority of The House of Representatives to Expell a Member, Thomas J. Sehler

    PDF

    Ave Defamation, Atque Vale Libel and Slander, Francis D. Murnaghan Jr

    PDF

    A Visit with the Chairman of the Presidium: Russian Law and Logic, Robin Goodenough

    PDF

    A Vote Delayed Is A Vote Denied: A Proactive Approach to Eliminating Election Administration Legislation that Disenfranchises Unwanted Voters, Gilda R. Daniels

    PDF

    A Wistful Farewell to Pink Bugg & Queen Caroline, Joseph F. Murphy Jr.

    PDF

    Back to the Future: United States v Jones Resuscitates Property Law Concepts in Fourth Amendment Jurisprudence, Nancy Forster

    PDF

    Back to the Parent: Holding Company Liability for Subsidiary Banks — A Discussion of the Net Worth Maintenance Agreement, the Source of Strength Doctrine, and the Prompt Corrective Action Provision, Cassandra Jones Havard

    PDF

    Balancing ERISA's Anti-Alienation Provisions against Garnishment of a Convicted Criminal's Retirements Funds: Unscrambling the Approaches to Protecting the Retirement Nest Egg, Alan K. Ragan

    PDF

    Balancing Liberty, Dignity and Safety: The Impact of Domestic Violence Lethality Screening, Margaret E. Johnson

    PDF

    Baltimore City’s Child-Focused Court, Barbara A. Babb and Judith D. Moran

    PDF

    Baltimore's Legal Clinic, Edward Coltman

    PDF

    Baltimore's Own Law & Order Cowboy - an Interview with State's Attorney William Swisher, Leonard A. Sipes Jr. and Larry Krause

    Link

    Banking on Those Who Don't, Cassandra Jones Havard

    PDF

    Battling the Voices of Unreason: HUD Plays Foul in Its Fight to Uphold the FHA, Amanda Stakem Conn

    PDF

    Bear Right at the Light, Alexander Armstrong

    PDF

    Beauty of Law, Thomas J. Moyer

     

    Becoming a Trial Lawyer, Steven P. Grossman, Michele E. Gilman, and Fredric I. Lederer

    PDF

    Behavioral Study of Justice Goldberg and the Supreme Court, David Hanley

    PDF

    Below Market Loans: From Abuse to Misuses – A Sports Illustration, Phillip J. Closius and Douglas K. Chapman

     

    Benchbook on Substance Abuse and Addiction for Family Courts, Barbara A. Babb, Gloria Danziger, and Judith D. Moran

    PDF

    Between a Rock and a Hard Place: Maryland Criminal Defendants, Already Subject to Severely Limited Voir Dire, Now Also Face the Prospect of Anonymous Juries, Nancy S. Forster

    PDF

    Beyond a Beautiful Fraud: Using a Human Rights Framework to Realize the Promise of Democracy, Janel A. George

    PDF

    Beyond Saints and Sinners: Discretion and the Need for New Narratives in the U.S. Immigration System, Elizabeth Keyes

    PDF

    Beyond the Roar of the Crowd: Victim Impact Testimony Collides with Due Process, Marshall N. Perkins

    PDF

    Bibliography: State Securities Regulation, Gary David Raffel

    PDF

    Big Brother IS Watching: The Reality Show You Didn't Audition For, J. Amy Dillard

    PDF

    Big Brother or Little Brother? Surrendering Seizure Privacy for the Benefits of Communication Technology, José F. Anderson

    PDF

    Bivens Actions for Federal Employees in the Aftermath of Bush v. Lucas: Which Remedies for Whom?, Barry F. Smith

    PDF

    Blue Sky Law and Practice: An Overview, Ronald M. Shapiro and Alan R. Sachs

    PDF

    Blunderbuss Scholarship: Perverting the Original Intent and Plain Meaning of the Second Amendment, Kenneth Lasson

    PDF

    Body Language at the Bar, Hanora O'Sullivan

    PDF

    Bold Promises but Baby Steps: Maryland's Growth Policy to the Year 2020, Philip J. Tierney

    PDF

    Book Review: Crème de Crime: Techniques for Interviewing White-Collar Criminals, Jonathan J. Rusch

    PDF

    Book Review: Final Judgment. My Life as a Soviet Defense Attorney, Yevsey Podolsky

    PDF

    Book Review: Maryland Taxes, Benjamin L. Cardin

    PDF

    Book Reviews: A Concise Textbook on Legal Capital, Mark D. Coplin

    PDF

    Book Reviews: A Guide to Securities and Exchange Commission Rule 144, Ronald M. Shapiro

    PDF

    Book Reviews: American International Law Cases 1783-1968, Stuart S. Malawer

    PDF

    Book Reviews: Antitrust In Japan

    PDF

    Book Reviews: A Question of Judgment: The Fortas Case and the Struggle for the Supreme Court

    PDF

    Book Reviews: A Republic If You Can Keep It

    PDF

    Book Reviews: Attica—My Story, H. Mebane Turner

    PDF

    Book Reviews: Basic Civil Procedure, Julius Isaacson

    PDF

    Book Reviews: Briefing and Arguing Federal Appeals, Paul Mark Sandler

    PDF

    Book Reviews: Cases and Materials on Corporate Finance, John J. Woloszyn

    PDF

    Book Reviews: Children's Rights: Contemporary Perspectives, Suzanne Posner

    PDF

    Book Reviews: Class, State, and Crime, Richard M. Pfeffer

    PDF

    Book Reviews: Copyright Handbook, Joseph Scafetta Jr.

    PDF

    Book Reviews: Ending Insult to Injury: No Fault Insurance for Products and Services, Eugene J. Davidson

    PDF

    Book Reviews: Executive Privilege: A Constitutional Myth, Charles A. Rees

    PDF

    Book Reviews: Freedom and the Court, Eugene J. Davidson

    PDF

    Book Reviews: Guide to Maryland Zoning Decisions; Handling the Land Use Case, Philip J. Tierney

    PDF

    Book Reviews: How to Prove Damages in Wrongful Personal Injury and Death Cases, Eugene J. Davidson

    PDF

    Book Reviews: Impeachment: The Constitutional Problems, Hall Hammond

    PDF

    Book Reviews: Jury Selection Procedures: Our Uncertain Commitment to Representative Juries, G. Mitchell Mowell

    PDF

    Book Reviews: Law of Sentencing, Robert F. Fischer

    PDF

    Book Reviews: Lawsuit, John A. Lynch Jr.

    PDF

    Book Reviews: Lawyer's Lawyer, the Life of John W. Davis, Paul Mark Sandler

    PDF

    Book Reviews: Lawyers on Trial, Arnold Rochvarg

    PDF

    Book Reviews: Maryland Rules Commentary, George W. White Jr.

    PDF

    Book Reviews: Mediation and the Dynamics of Collective Bargaining, A. Samuel Cook

    PDF

    Book Reviews: Milestones! 200 Years of American Law: Milestones in Our Legal History, Eugene J. Davidson

    PDF

    Book Reviews: One L., John Bennett Sinclair

    PDF

    Book Reviews: Oppression of Minority Shareholders, John J. Ghingher III

    PDF

    Book Reviews: Pattern Interrogatories: Products Liability, Eugene J. Davidson

    PDF

    Book Reviews: Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys, Bernard F. Goldberg and F. Howard Silverstein

    PDF

    Book Reviews: Product Liability, Eugene J. Davidson

    PDF

    Book Reviews: Reform of Court Rule-Making Procedures, Julius Isaacson

    PDF

    Book Reviews: Regulation by Prosecution: The Securities and Exchange Commission vs. Corporate America; The Transformation of Wall Street: A History of the Securities and Exchange Commission and Modern Corporate Finance, Mark A. Sargent

    PDF

    Book Reviews: Shades of Freedom: Racial Politics and Presumptions of the American Legal Process, José F. Anderson

    PDF

    Book Reviews: Small Claims Courts: A National Examination, Robert F. Sweeney

    PDF

    Book Reviews: Sources of Law, Legal Change and Ambiguity, Walter A. Rafalko

    PDF

    Book Reviews: The Alias Program, Robert A. Greenberg

    PDF

    Book Reviews: The Best Defense, Peter A. Zheutlin

    PDF

    Book Reviews: The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices, Alan Betten

    PDF

    Book Reviews: The Brethren: Inside the Supreme Court, Eugene J. Davidson

    PDF

    Book Reviews: The Brethren: Inside the Supreme Court, Kenneth Lasson

    PDF

    Book Reviews: The Conscience of a Lawyer, Eugene J. Davidson

    PDF

    Book Reviews: The Conscience of a Lawyer, Eugene J. Davidson

    PDF

    Book Reviews: The Court Years: 1939-1975, Seth A. Davidson

    PDF

    Book Reviews: The Implementation Game, Richard A. Buddeke

    PDF

    Book Reviews: The Lawyer, the Public, and Professional Responsibility

    PDF

    Book Reviews: The Right to Treatment, James G. Maggio

    PDF

    Book Reviews: Tort Law in America: An Intellectual History, Alan Betten

    PDF

    Book Reviews: Trusts and Trustees, Cases and Materials, Harold D. Cunningham Jr.

    PDF

    Book Reviews: Two Million Unnecessary Arrests

    PDF

    Book Reviews: Unmarried Couples and the Law, Ann McKenrick Turnbull

    PDF

    Book Reviews: Verdicts on Lawyers, Eugene J. Davidson

    PDF

    Book Reviews: Watergate and the Constitution, Ilona Modly Hogan and Lawrence J. Hogan

    PDF

    Book Reviews: Workmen's Compensation in Maryland, G. Darrell Russel Jr.

    PDF

    Book Review: The Free Press Crisis of 1800: Thomas Cooper's Trial for Seditious Libel, Eric Easton

    PDF

    Book Review: The Law of Tug, Tow, and Pilotage, Francis John Gorman

    PDF

    Book Review: The Litigious Society, Alfred L. Scanlan Jr.

    PDF

    Book Review: The Moral Decision, Harold D. Cunningham Jr.

    PDF

    Book Review: The Rules of the Game: Reform and Evolution in the International Monetary System, Kenneth D. Auerbach

    PDF

    Book Review: The Sword and the Scales: The United States and International Courts and Tribunals, Nienke Grossman

    PDF

    Book Review: The Tolerant Society: Freedom of Speech and Extremist Speech in America, Abner J. Mikva

    PDF

    Books and the Founding Fathers, George H. Nash

    PDF

    Books Received

    PDF

    Breaking the Cycle of Defeat for 'Deadbroke' Noncustodial Parents Through Advocacy on Child Support Issues, Daniel L. Hatcher and Hannah Lieberman

    PDF

    Bringing Balance to Mid-North America: Restructuring the Sovereign Relationships between Tribal Nations and the United States, Angelique Townsend EagleWoman (Wambdi A. WasteWin)

    Link

    Burden of Proof in the World of Patents: Medtronic v. Boston Scientific - Podcast, Gregory Dolin

    PDF

    Burdens of Persuasion: Burdened by Too Many Burdens, Marvin B. Steinberg

    PDF

    Can State "Medical" Marijuana Statutes Survive the Sovereign's Federal Drug Laws? A Toke Too Far, M. Wesley Clark

    PDF

    Capital Punishment ... On the Way Out?

    PDF

    CASA of Maryland and the Battle Regarding Human Trafficking and Domestic Worker Rights, Elizabeth Keyes

    PDF

    Casenote: Drugs: Recent Decisions, Peter H. Meyers

    PDF

    Casenote: Fair Trial / Free Press, Lindsay Schlottman

    PDF

    Case Note: Fraud Negligent Misrepresentation and Infliction of Emotional Distress after 20 Years of Void Marriage Vance v. Vance, Md., 408 A.2d 728 (1979), Mark D. Woodard

    PDF

    Case Note: Goldfarb v. Virginia State Bar - Lawyers and the Free Enterprise System, Lindsay Schlottman

    PDF

    Casenote: Michigan v. Mosley: Miranda Safeguards Eased, Charles J. Iseman

    PDF

    Case Note: Mullaney v. Wilbur - Defendant's Burden to Reduce Homicide to Manslaughter Violates the Due Process Clause, Byron L. Warnken

    PDF

    Casenote: Norton v. Weinberger an Inside Look, Thomas W. Keech

    PDF

    Case Note: O'Connor v. Donaldson, 95 S. Ct. 2486 (1975) - "They Weren't any Crazier Than I was", Lindsay Schlottman

    PDF

    Casenote: Recent Maryland Decisions, Jerry Fenzel

    PDF

    Casenote: Rizzo v. Goode - Federal Court Intervention and Local Police Departments, Lindsay Schlottman

    PDF

    Casenotes: Admiralty — Collision Damages — Fourth Circuit Holds That a Time Charterer May Recover Hire Paid during Detention from the Vessel at Fault. Venore Transportation Co. v. M/V Struma, 583 F.2d 708 (4th Cir. 1978), David Eugene Rice

    PDF

    Casenotes: Admiralty — Environmental Law — Oil Spill Liability — Federal Water Pollution Control Act Does Not Preempt State Statutes Imposing Unlimited Strict Liability. Steuart Transportation Co. v. Allied Towing Corp., 596 F.2d 609 (4th Cir. 1979), Daniel C. Riker

    PDF

    Casenotes: Admiralty — Maritime Garnishment — Proceeds of Partially Executed Contract of Affreightment Held Subject to Garnishment Even Though Bills of Lading Not Delivered and Debt Unmatured. Iran Express Lines v. Sumatrop, AG, 563 F.2d 648 (4th Cir. 1977), Thomas S. Spencer

    PDF

    Casenotes: Agency — Duty to Employer — Unfair Competition — Employee Does Not Breach Fiduciary Duty to Employer by Mere Failure to Disclose Details' of Preparatory Plans of Future Competition. Maryland Metals, Inc. U. Metzner, 282 Md. 31, 382 A.2d 564 (1978), Charles P. Bauer and J. Michael Dougherty Jr.

    PDF

    Casenotes: Antitrust — Clayton Act Section 4 — Standing — Supreme Court Holds That Only Direct Purchasers Have Standing to Bring Treble Damage Suit under Section 4 of Clayton Act. Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), William F. Ryan Jr.

    PDF

    Casenotes: Antitrust Laws — Agreement among Competing Physicians Setting Maximum Fees That May Be Claimed for Health Services Provided to Policyholders of Specified Insurance Plans Is a per Se Violation of the Sherman Antitrust Act. Arizona v. Maricopa County Medical Society, 457 U.S. 332 (1982), Robert E. Rupp

    PDF

    Casenotes: Antitrust — Parent Corporation and Its Wholly Owned Subsidiary Are Incapable of Conspiring with Each Other under Section One of the Sherman Act. Copperweld Corp. v. Independence Tube Corp., 104 S. Ct. 2731 (1984), Linda T. Penn

    PDF

    Casenotes: Arbitration — Court, Not Arbitrator, Must Determine Threshold Issue Whether Valid Contract to Arbitrate Exists. Deferential Standard of Review Rejected; Court Must Undertake De Novo Review. Stephen L. Messersmith, Inc. v. Barclay Townhouse Associates, 313 Md. 652, 547 A.2d 1048 (1988), Julia Kingsley Evans

    PDF

    Casenotes: Attorney Conduct — a Defense Attorney Who Follows ABA Standards When His Client Manifests an Intent to Commit Perjury Is Not Jeopardizing the Client's Right to Effective Assistance of Counsel. Nix v. Whiteside, 475 U.S. 157 (1986), John M. Seeberger

    PDF

    Casenotes: Attorney Malpractice — under Third Party Beneficiary Theory, Nonclient Can Sue Attorney for Negligent Misrepresentation without Proof of Privity of Contract. Flaherty v. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel

    PDF

    Casenotes: Bankruptcy — Trustee May Not Abandon Property in Contravention of a State Statute or Regulation That Is Designed to Protect the Public from Identified Hazards. Midlantic National Bank v. New Jersey Department of Environmental Protection, 474 U.S. 494 (1986), Laura Jacobs Margulies

    PDF

    Casenotes: Bar Admissions — Applicant's Failure to Fully Disclose Armed Robbery Conviction Deemed Insufficient to Deny Admission to Bar upon Demonstration of Good Moral Character. In re Application of G.L.S., 292 Md. 378, 439 A.2d 1107 (1982), Michael Thomas Murphy

    PDF

    Casenotes: Blue Sky Law — New York Blue Sky Law Antifraud Provision Used to Impose Criminal Liability on Attorney Who Engaged in Insider Trading. People v. Florentino, 116 Misc. 2d 692, 456 N.Y.S.2d 638 (N.Y. Crim. Ct. 1982), Ralph V. Partlow III

    PDF

    Casenotes: Charter Home Rule — Charter Material — Exercise of Police Power by Non-Legislative Body — Citizens' Right to Initiate Legislation — Electorate's Exercise of Police Power in Charter Amendment Form Violates Home Rule Amendment of State Constitution. Cheeks v. Cedlair Corp., 287 Md. 595, 415 A.2d 255 (1980), Martha Frisby Rasin

    PDF

    Casenotes: Civil Procedure — Quasi-in-Rem Jurisdiction — Attachment — Insurer's Obligations to Defend and Indemnify Insured Not Attachable for Purposes of Jurisdiction. Belcher v. Government Employees' Insurance Co., 282 Md. 718, 387 A.2d 770 (1978), Harry C. Storm

    PDF

    Casenotes: Civil Rights — 42 U.S.C. § 1983 — Punitive Damages Are Available under Section 1983 When the Defendant's Conduct Involves Reckless or Callous Indifference of the Plaintiff's Federally Protected Rights. Smith v. Wade, 103 S. Ct. 1625 (1983), Dale E. Cantone

    PDF

    Casenotes: Civil Rights — Equal Employment Opportunity — Title VII — Private Employers May Voluntarily Adopt Affirmative Action Measures to Eliminate Conspicuous Racial Imbalance in Traditionally Segregated Job Categories. United Steelworkers of America v. Weber, 99 S. Ct. 2721 (1979), Glenn Weinberg

    PDF

    Casenotes: Constitutional Criminal Law — Life Sentence without Parole Imposed on Recidivist Guilty of Seven Non-Violent Crimes Constitutes Cruel and Unusual Punishment under the Eighth Amendment Proportionality Test — Solem v. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman

    PDF

    Casenotes: Constitutional Criminal Law — Sentencing — Mandatory Sentencing Statute Requiring Life Imprisonment without Parole for Habitual Offenders of Violent Crimes Satisfies the Eighth Amendment's Proportionality Principle When Applied to a Fourth Conviction of Daytime Housebreaking. State v. Davis, 310 Md. 611, 530 A.2d 1223 (1987), Thomas Patrick Ott

    PDF

    Casenotes: Constitutional Criminal Procedure — Absent a Showing of Prejudice to the Defendant, Due Process Is Not Violated by Prosecutor's Contact with Counsel for Defense Witness in an Effort to Prevent Perjury. United States v. Teague, 737 F.2d 378 (4th Cir. 1984), cert. denied, 105 S.Ct. 913 (1985), Dennis Patrick McGlone

    PDF

    Casenotes: Constitutional Criminal Procedure — despite Discrepancy between Prior Description and Defendant's Actual Appearance, Eyewitness' Testimony of Pretrial and in-Court Identifications of Defendant Is Sufficient Evidence to Sustain a Conviction. Branch v. State, 305 Md. 177, 502 A.2d 496 (1986), Lisa Kristine Hoffman

    PDF

    Casenotes: Constitutional Criminal Procedure — Self-Incrimination — Court May Compel Witnesses to Testify before a Grand Jury Who Are Immune from Prosecution in the United States, but Amenable to Prosecution in a Foreign Jurisdiction. United States v. Under Seal, 794 F.2d 920 (4th Cir.), cert. denied, 107 S. Ct. 331 (1986), Ellen Beth Berkow

    PDF

    Casenotes: Constitutional Law — Award of Punitive Damages Permissible under the Doctrine of Respondeat Superior in First Amendment Cases. Embrey v. Holly, 293 Md. 128, 442 A.2d 966 (1982), Susan M. Moses

    PDF

    Casenotes: Constitutional Law — Civil Procedure — Landlord and Tenant — Rent Escrow Statute Requiring Payment into Escrow of Accrued Rents Pursuant to Demand for Jury Trial in Summary Eviction Proceeding Is an Unconstitutional Infringement of the Right to Jury Trial — Lucky Ned Pepper's Ltd. v. Columbia Park & Recreation Ass'n, 64 Md. App. 222, 494 A.2d 947 (1985), David J. Weymer

    PDF

    Casenotes: Constitutional Law — Commerce Power Authorizes Extension of ADEA to Protect Employees of State Governments. EEOC v. Wyoming, 103 S. Ct. 1054 (1983), Steven Scott Stephens

    PDF

    Casenotes: Constitutional Law — Commercial Speech — Federal Statute Prohibiting Mailing of Unsolicited Contraception Advertisements Violates First Amendment as Applied to Accurate Mailings That Contribute to Informed Decision Making. Bolger v. Youngs Drug Products Corp., 103 S. Ct. 2875 (1983), Janet S. Hankin

    PDF

    Casenotes: Constitutional Law — Constitutional Guarantees of Open Public Proceedings in Criminal Trials Extend to Voir Dire Examination of Potential Jurors. Press-Enterprise Co. v. Superior Court, 104 S. Ct. 819 (1984), Kevin M. Soper

    PDF

    Casenotes: Constitutional Law — Constitutionality of Double Celling Requires Examination of Total Prison Conditions. Nelson v. Collins, 659 F.2d 420 (4th Cir. 1981) (en banc), Harry Levy

    PDF

    Casenotes: Constitutional Law — Constitutionality of Legislative Imposition of Vicarious Parental Liability for Delinquent Acts of Juveniles. In re John H., 293 Md. 295, 443 A.2d 594 (1982), Burton H. Levin

    PDF

    Casenotes: Constitutional Law — Criminal Law — Double Jeopardy — Under "Required Evidence" Test, Underlying Attempted Armed Robbery Merges upon Conviction for Felony-Murder. Newton v. State, 280 Md. 260, 373 A.2d 262 (1977), Michael W. Prokopik

    PDF

    Casenotes: Constitutional Law — Criminal Law — Maryland Declaration of Rights Requires Unanimous Jury Verdict, Unless Defendant Waives Right Effectively. State v. Mckay, 280 Md. 558, 375 A.2d 228 (1977), Robert A. Greenberg

    PDF

    Casenotes: Constitutional Law — Criminal Procedure — Eavesdropping — Title III of the Omnibus Crime Control and Safe Streets Act of 1968: A Search without a Warrant? Dalia v. United States, 441 U.S. 238 (1979), Theodore Scott Basik

    PDF

    Casenotes: Constitutional Law — Criminal Procedure — Plea Bargains — Constitution Held to Afford Criminal Defendants a Right to Specific Performance of Plea Proposals under Appropriate Circumstances. Cooper v. United States, 594 F.2d 12 (4th Cir. 1979), Judith A. Wood

    PDF

    Casenotes: Constitutional Law — Criminal Procedure — Right to Counsel — Indigent Misdemeanor Defendant Not Entitled to Court-Appointed Attorney Unless Sentenced to Actual Confinement. Scott v. Illinois, 440 U.S. 367 (1979), Michael E. Cross

    PDF

    Casenotes: Constitutional Law — First Amendment — Dismissal of State Employee for Distributing Questionnaire Upheld Where Speech Tangentially Affected Public Concern and Questionnaire Had Potential to Disrupt Office, Undermine Supervisory Authority, and Destroy Close Working Relationships. Connick v. Meyers, 103 S. Ct. 1984 (1983), Kevin Thornton

    PDF

    Casenotes: Constitutional Law — First Amendment — Regulation Prohibiting Sleeping in National Parks Upheld as a Valid Time, Place, and Manner Regulation Regardless of Whether Sleeping Is Speech. Clark v. Community for Creative Non-Violence, 104 S. Ct. 3065 (1984), Susan H. Hickes

    PDF

    Casenotes: Constitutional Law — Fourth Amendment — Random Stopping of Vehicles by Police for Routine Checks of License and Vehicle Registration Violates Fourth Amendment. Goode v. State, 41 Md. App. 623, 398 A.2d 801 (1979), Constantine James Sfekas and Cynthia A. Riley

    PDF

    Casenotes: Constitutional Law — Freedom of Speech — Maryland Court of Appeals Holds Unconstitutional Maryland's Anti-Residential Picketing Statute. State v. Schuller, 280 Md. 305, 372 A.2d 1076 (1977), Alan Cohen

    PDF

    Casenotes: Constitutional Law — Income Tax Deductions for Tuition, Transportation, and Textbook Expenditures Made by Parents of Children Attending Public and Nonpublic Elementary and Secondary Schools Are Not Violative of the Establishment Clause of the First Amendment. Mueller v. Allen, 103 S. Ct. 3062 (1983), Judith D. Markoya

    PDF

    Casenotes: Constitutional Law — in Personam Jurisdiction — Nonresident Insurer's Solicitation of Modification to Insurance Contract Provides Sufficient Minimum Contact with Forum State to Satisfy Due Process Jurisdictional Requirements. August v. HBA Life Insurance Co., 734 F.2d 168 (4th Cir. 1984), Elizabeth Suzan VanLaningham-Miller

    PDF

    Casenotes: Constitutional Law — Maryland Circuit Courts Have Parens Patriae Jurisdiction to Authorize Guardians to Consent to Sterilization of Incompetent Minors When the Procedure Is Medically Necessary. Wentzel v. Montgomery General Hospital, Inc., 293 Md. 685, 447 A.2d 1244 (1982), Lori Joy Eisner

    PDF

    Casenotes: Constitutional Law — Military Enlisted Personnel May Not Recover Damages from Superior Officers for Violations of Constitutional Rights. Chappell v. Wallace, 103 S. Ct. 2362 (1983), Alan G. Kaufman

    PDF

    Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered by Law Enforcement Officials without Probable Cause to Believe the Defendant Was Driving While Intoxicated. People v. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney

    PDF

    Casenotes: Constitutional Law — Scope of a Warrantless Automobile Search Extends to Closed Containers and Is as Broad as a Magistrate Could Authorize in a Warrant. United States v. Ross, 102 S. Ct. 2157 (1982), Ronald W. Slonaker

    PDF

    Casenotes: Constitutional Law — Search and Seizure — 19 U.S.C. § 1581(a) — Random and Suspicionless Boarding of Vessel by Customs Officers Does Not Violate the Fourth Amendment's Prohibition against Unreasonable Search and Seizure. United States v. Villamonte-Marquez, 103 S. Ct. 2573 (1983), Richard Lloyd Miller

    PDF

    Casenotes: Constitutional Law — Sixth Amendment Guarantees Assistance of Counsel That Is Reasonably Effective and Does Not Prejudice the Fairness of the Proceeding. Strickland v. Washington, 104 S. Ct. 2052 (1984), Jonathan E. Fink

    PDF

    Casenotes: Constitutional Law — Standing — Parents of Black Children Attending Public Schools Undergoing Desegregation Lack Standing to Challenge Allegedly Ineffective IRS Procedures Designed to Limit Tax-Exempt Status to Racially Nondiscriminatory Private Schools. Allen v. Wright, 104 S. Ct. 3315 (1984), Susan D. Cobun

    PDF

    Casenotes: Constitutional Law — the Rejection of an Otherwise Qualified Male Applicant to a State-Funded Nursing College Solely Because of Sex Constitutes a Violation of the Equal Protection Clause of the Fourteenth Amendment. Mississippi University for Women v. Hogan, 102 S. Ct. 3331 (1982), Gerry E. Hoban

    PDF

    Casenotes: Constitutional Law — The Supreme Court Upholds the Constitutionality of the Federal Sentencing Guidelines. Mistretta v. United States, 488 U.S. 361 (1989), Stanley Turk

    PDF

    Casenotes: Constitutional Law - upon Proof of His Insanity by a Preponderance of the Evidence, Due Process Does Not Require Limiting the Confinement of an Insanity Acquittee to the Hypothetical Maximum Sentence He Could Have Received. Jones v. United States, 103 S. Ct. 3043 (1983), Lori Lynn Blair

    PDF

    Casenotes: Contract Law — Waiver of Arbitration Rights by Litigating One Issue Is Not a Waiver of the Same Rights as to Unrelated Issues. Charles J. Frank, Inc. v. Associated Jewish Charities, Inc., 294 Md. 443, 450 A.2d 1304 (1982), Neal Mullan Brown

    PDF

    Casenotes: Contracts — Damages — Government Procurement — Government Not Liable for Impact Damages Suffered in the Performance of a Subsequent Contract Allegedly Caused by Constructive Changes to a Prior Contract. General Dynamics Corp. v. United States, 585 F.2d 457 (Ct. Cl. 1978), Francis John Gorman

    PDF

    Casenotes: Corporations — Fiduciary Duty — Circumstances Held Not Sufficiently Suspicious to Invoke Majority Stockholder's Duty to Investigate Purchasers Prior to Sale of Stock. Clagett v. Hutchison, 583 F.2d 1259 (4th Cir. 1978), Sherry A. Aarons

    PDF

    Casenotes: Corporations — Fiduciary Duty of Majority Shareholders — Has Spring Arrived for the Frozen out Minority? Twenty Seven Trust v. Realty Growth Investors & RGI Holding Co., 533 F. Supp. 1028 (D. Md. 1982), Bryan D. Bolton

    PDF

    Casenotes: Corporations — Securities Law — Definition of Security — Federal Securities Laws Applicable to Sale of a Business Effectuated by a Stock Sale of All the Business's Stock. Landreth Timber Co. v. Landreth, 105 S. Ct. 2297 (1985), Jeff Cook

    PDF

    Casenotes: Criminal Law — Accessoryship — an Accessory before the Fact May Be Convicted of a Greater Crime or Degree of Crime Than the Principal. Jones v. State, 302 Md. 153, 486 A.2d 184 (1985), Michael Carlis

    PDF

    Casenotes: Criminal Law — Admission into Evidence of Defendant's Refusal to Submit to Blood-Alcohol Test Does Not Violate the Fifth Amendment Privilege against Self-Incrimination. South Dakota v. Neville, 103 S. Ct. 916 (1983), Richard Kelley Reed

    PDF

    Casenotes: Criminal Law — Amnesia as to the Events of the Crime Charged Does Not by Itself Justify a Finding of Incompetence to Stand Trial. Morrow v. State, 293 Md. 247, 443 A.2d 108 (1982), Kevin L. Shepherd

    PDF

    Casenotes: Criminal Law — Conspiracy — Rule of Conspiratorial Consistency Not Applicable to Verdicts Rendered in Separate Trials. Gardner v. State, 286 Md. 520, 408 A.2d 1317 (1979), Lauren A. Greco

    PDF

    Casenotes: Criminal Law — Constitutional Law — Intervention — Media May Intervene in Criminal Cases to Contest Orders Restricting Publicity. News American v. State, 294 Md. 30, 447 A.2d 1264 (1982), Catherine A. Potthast

    PDF

    Casenotes: Criminal Law — Evidence — Attorney-Client Privilege — Disclosures by Criminal Defendant to Defense-Retained Psychiatrist Held within Scope of Attorney-Client Privilege Which Defendant Does Not Waive by Pleading Insanity. State v. Pratt, 284 Md. 516, 398 A.2d 421 (1979), Stuart J. Cordish

    PDF

    Casenotes Criminal Law — Evidence — Expert Testimony That Rape Victim Suffered Post Traumatic Stress Disorder Is Admissible to Rebut a Defense of Consent. State v. Allewalt, 308 Md. 89, 517 A.2d 741 (1986), Robert C. Sanders

    PDF

    Casenotes: Criminal Law — Homicide — Felony-Murder — Felon Is Culpable for Murder in the First Degree under Maryland's Felony-Murder Statute When Police Officer Kills Kidnapped Hostage Used by Felon as Human Shield. Jackson v. State, 286 Md. 430, 408 A.2d 711 (1979), John A. Roberts

    PDF

    Casenotes: Criminal Law — Maryland Adopts the Model Penal Code's Substantial Step Test for Criminal Attempt. Young v. State, 303 Md. 298, 493 A.2d 352 (1985), A. Dean Stocksdale

    PDF

    Casenotes: Criminal Procedure — Appellate Review of Sentencing — Sentencing Guidelines — Sentencing Judge's Mistaken Application of Sentencing Guidelines Did Not Require Appellate Court to Vacate Sentence When Sentence Was within Statutory Limits and Was the Result of the Judge's Good Faith Exercise of Discretion. Teasley v. State, 298 Md. 364, 470 A.2d 337 (1984), Mary Elizabeth Wildemann

    PDF

    Casenotes: Criminal Procedure — Appellate Review — Plain Error Rule — Advisory Instruction to Jury Suggesting Unavailability of "Not Guilty" Alternative Constitutes Reviewable Plain Error despite Absence of Trial Objection and Presence of "Not Guilty" Option on Jury's Verdict Sheet. State v. Hutchinson, 287 Md. 198, 411 A.2d 1035 (1980), Kevin G. Hessler

    PDF

    Casenotes: Criminal Procedure — Constitutional Law — Refusal to Allow Defendant to Introduce Testimony of Alibi Witness Was Neither an Abuse of Discretion nor a Violation of Due Process When the Defendant Failed to Comply with Procedural Notice of Alibi Rule. Taliaferro v. State, 295 Md. 376, 456 A.2d 29, cert. denied, 103 S. Ct. 2114 (1983), Stuart R. Berger

    PDF

    Casenotes: Criminal Procedure — Defendant's Absence from a Stage of the Trial Can Constitute Harmless Error despite Maryland Rule Requiring Presence. Noble v. State, 293 Md. 549, 446 A.2d 844 (1982), Gary David Raffel

    PDF

    Casenotes: Criminal Procedure — Double Jeopardy Clause Does Not Prohibit Legislatures from Authorizing Cumulative Punishment for Separate Offenses Considered the Same under Blockburger Test. Missouri v. Hunter, 103 S. Ct. 673 (1983), Jeffrey M. Kotz

    PDF

    Casenotes: Criminal Procedure — Exclusionary Rule — Evidence Obtained from Defendant during Period of Unnecessary Delay in Presenting Him before a Judicial Officer Subject to Exclusion under M.D.R. 723(a). Johnson v. State, 282 Md. 314, 384 A.2d 709 (1978), John E. Betts

    PDF

    Casenotes: Criminal Procedure — Juveniles — State Law Authorizing Pretrial Detention of Juveniles upon a Finding of Risk of Future Criminal Behavior Upheld as Valid under the Due Process Clause. Schall v. Martin, 104 S. Ct. 2403 (1984), Kim Detrick

    PDF

    Casenotes: Criminal Procedure — Maryland Rule 746 — Scheduling Criminal Cases for Trial — Maryland Rule 746 Requires That Criminal Charges Be Dismissed When State Fails to Bring Case to Trial within Prescribed Period and Fails to Establish Extraordinary Cause Justifying Postponement. State v. Hicks, 285 Md. 310, 403 A.2d 356 (1979), Stephen Fielder and Jeffrey Miller

    PDF

    Casenotes: Criminal Procedure — Right to Counsel — Premature Verdict Rendered before Summation, Even if Stricken, Amounts to a Denial of Right to Assistance of Counsel. Spence v. State, 296 Md. 416, 463 A.2d 808 (1983), Stuart H. Arnovits

    PDF

    Casenotes: Debtor-Creditor Relations — Garnishment — Garnishee Who Enters into a Bona Fide Pregarnishment Contract with a Debtor Does Not Have Possession of Debtor's Property and Is Not Liable for Fees Received by Debtor. Cocco v. Merchants Mortgage Co., 69 Md. App. 68, 516 A.2d 596 (1986), James E. Urmin

    PDF

    Casenotes: Domestic Relations — Antenuptial Agreements — Antenuptial Agreements Waiving Alimony Are Not Void per se. Frey v. Frey, 298 Md. 552, 471 A.2d 705 (1984), Kathryn Lego Armiger

    PDF

    Casenotes: Domestic Relations — Child Custody — a Parent's Adultery Raises No Presumption of Unfitness for Child Custody. Davis v. Davis, 280 Md. 119, 372 A.2d 231 (1977), Raymond L. Bank

    PDF

    Casenotes: Domestic Relations — Divorce and Separation — Term Minor Child in Maryland Property Disposition Statute Does Not Include Stepchild for Award of Use and Possession of the Family Home. Bledsoe v. Bledsoe, 294 Md. 183, 448 A.2d 353 (1982), Elizabeth A. Hambrick-Stowe

    PDF

    Casenotes: Domestic Relations — Doctrine of Necessaries — Court of Appeals of Maryland Abrogates Common Law Doctrine of Necessaries and Declares Statutory Duty of a Husband to Be Liable for Necessaries Supplied to His Wife Invalid. Condore v. Prince George's County, 289 Md. 516, 425 A.2d 1011 (1981), Nancy Kabara Dowling

    PDF

    Casenotes: Domestic Relations — Support of Stepchildren — Obligation to Support Stepchild Held to Be a Debt, Not a Legal Duty, and Therefore Stepparent's Contempt of Court for Default in Support Payments Cannot Be Punished by Imprisonment. Brown v. Brown, 287 Md. 273, 412 A.2d 396 (1980), Catherine L. Kruchen

    PDF

    Casenotes: Educational Tort Law — Cause of Action for Educational Malpractice Requires Intentional and Malicious Conduct by School Officials. Hunter v. Board of Education, 292 Md. 481, 439 A.2d 582 (1982), Michael Morucci

    PDF

    Casenotes: Eminent Domain — Compensation — a Public Condemnee Is Entitled Only to the Market Value of a Condemned Facility When the Market Value of the Condemned Facility Is Ascertainable. United States v. 50 Acres of Land, 105 S. Ct. 451 (1984), Steven M. Sindler

    PDF

    Casenotes: Employment Discrimination — "Person" in Title IX of the 1972 Education Amendments Includes Employees of Federally Funded Programs — HEW Regulations to Enforce Title IX Are Valid. North Haven Board of Education v. Bell, 456 U.S. 512 (1982), Cathleen N. Cawley

    PDF

    Casenotes: Evidence — Maryland Adopts the Present Sense Impression Exception to the Hearsay Rule. Booth v. State, 306 Md. 313, 508 A.2d 976 (1986), Jonathan Z. May

    PDF

    Casenotes: Evidence — Scientific Evidence — Spectrographic Voice Identification Held Inadmissible Pending the General Acceptance of the Technique by the Scientific Community. Reed v. State, 283 Md. 374, 391 A.2d 364 (1978), Daniel R. Anderson

    PDF

    Casenotes: Evidence — Use of Prior Bad Acts Not Resulting in Conviction Are Permissible for Impeachment Purposes if Probative of Veracity and Readily Provable. State v. Cox, 298 Md. 173, 468 A.2d 319 (1983), John Jude Hathway

    PDF

    Casenotes: Executive Power — Executive Privilege — Privilege of Executive to Shield Information from Discovery — Doctrine of Executive Privilege Recognized in Maryland to Prevent Disclosure of Official Information. Hamilton v. Verdow, 287 Md. 544, 414 A.2d 914 (1980), JoAnn Ellinghaus-Jones

    PDF

    Casenotes: Family Law — a Professional Degree or License Acquired during Marriage Is Not Marital Property Subject to Equitable Distribution under the Property Disposition in Annulment and Divorce Law. Archer v. Archer, 303 Md. 347, 493 A.2d 1074 (1985), Shoshana L. Katz

    PDF

    Casenotes: Family Law — Joint Custody — a Trial Court Has the Authority to Award Joint Custody under Its Equity Powers, but Should Consider a Variety of Factors before Determining That a Joint Custody Award Is Appropriate. Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986), Denise Barrett-Benvenga

    PDF

    Casenotes: Federal Bankruptcy Law — a Personal Guarantee from a Corporate Insider May Mean That Payments Received by the Lender within One Year Prior to the Debtor's Filing for Insolvency Are Subject to an Extended Preference Period and Recovery from the Lender. Levit v. Ingersoll Rand Financial Corp., 874 F.2d 1186 (7th Cir. 1989), Chellis E. Neal

    PDF

    Casenotes: Federal Income Tax — Charitable Contributions — an Individual's Assignment of Premium Refunds to the American Bar Endowment Is Deductible When the Relationship between the Endowment and the Taxpayer Is Not Predominately of a Business Nature and the Transaction Has a Substantial Charitable Component. American Bar Endowment v. United States, 761 F.2d 1573 (Fed. Cir.), Cert. Granted, 106 S. Ct. 522 (1985), James M. di Stefano

    PDF

    Casenotes: Federal Income Tax — Foreign Currency Transactions — Loss on Borrowing and Repayment of Foreign Currency, Even Though Foreign Currency Is a Capital Asset, Results in an Ordinary Loss as There Was No Sale or Exchange. National-Standard Co. v. Commissioner, 80 T.C. 551 (1983), Neil Z. Insel

    PDF

    Casenotes: Federal Income Tax — Section 1001 — Donor's Gift of Appreciated Property Conditioned on the Donee's Payment of Resulting Gift Tax Results in Taxable Income to the Extent That Gift Tax Paid by Donee Exceeds Donor's Adjusted Basis in the Property. Diedrich v. Commissioner, 457 U.S. 191 (1982), John J. Varley

    PDF

    Casenotes: Federal Income Tax — Taxpayers Can Defer the Gain Recognized on the Sale of Their Primary Residence and Deduct Depreciation and Maintenance Expenses on the Rental of That Same Property. Bolaris v. Commissioner, 776 F.2d 1428 (9th Cir. 1985), Kendel L. Sibiski

    PDF

    Casenotes: Federal Securities Law — Definition of a Security — the Sale of Business Doctrine Rejected — Federal Jurisdiction under Rule 10b-5 When Fraud Occurs in Connection with the Sale of a Business Structured as a Sale of the Corporate Stocks. Golden v. Garafalo, 678 F.2d 1139 (2d Cir. 1982), Donna Bianco Imhoff

    PDF

    Casenotes: Income Tax — Section 162 — Traveling Expense Deductions — Absent Principal Place of Business, Traveling Salesperson's Tax Home Is Geographic Concentration of Income-Producing Activity. Daly v. Commissioner, 662 F.2d 253 (4th Cir. 1981), Rita Linder Blundo

    PDF

    Casenotes: Insurance — Professional Liability — Insurer Must Prove Actual Prejudice to Escape Liability Because of Late Notice by Insured Where Claims-Made Policy Is Ambiguous as to Coverage. St. Paul Fire & Marine Insurance Co. v. House, 315 Md. 328, 554 A.2d 404 (1989) (4-3 decision), Frederick W. Goundry III

    PDF

    Casenotes: Insurance — Where Spouse Deliberately Damages Jointly Owned Property, the Innocent Spouse May Recover under a Fire Insurance Policy Which Protects the Interests of Each Spouse. St. Paul Fire & Marine Insurance Co. v. Molloy, 291 Md. 139, 433 A.2d 1135 (1981), Mark G. Levin

    PDF

    Casenotes: Joint Tort-Feasors — Contribution — Release — Joint Tort-Feasor's Payment for Pro Rata Release in Excess of Its Pro Rata Share Operated to Satisfy Injured Party's Judgment Entered against Nonsettling Joint Tort-Feasor. Martinez v. Lopez, 300 Md. 91, 476 A.2d 197 (1984), Daniel R. Lanier

    PDF

    Casenotes: Judicial Immunity — State Judicial Officials Are Not Immune from Prospective Relief in an Action Brought under 42 U.S.C. § 1983 or from Paying Attorney's Fees to Prevailing Parties Pursuant to 42 U.S.C. § 1988. Pulliam v. Allen, 104 S. Ct. 1970 (1984), Douglas Noah Silber

    PDF

    Casenotes: Landlord — Tenant — Tenant Has a Claim against Landlord for Breach of Quiet Enjoyment Leading to Constructive Eviction When Landlord Fails to Enforce a Provision in Another Tenant's Lease That Bars Excessive Noise. Bocchini v. Gorn Management Co., 69 Md. App. 1, 515 A.2d 1179 (1986), Susan Schuppner Sands

    PDF

    Casenotes: Maritime Law — Doctrine of Interspousal Immunity Held Inapplicable within Federal Admiralty Jurisdiction. Byrd v. Byrd, 657 F.2d 615 (4th Cir. 1981), Gail Rudie Cohn

    PDF

    Casenotes: Maritime Law — Land-Based Negligence Standard of Care Established in a Longshoreman's Third Party Action against Vessel Owner Under the Longshoremen's and Harbor Workers' Compensation Act of 1972. Scindia Steam Navigation Co. v. Santos, 451 U.S. 156 (1981), Julia C. Neal

    PDF

    Casenotes: Medical Malpractice — Limitation of Actions — Discovery Rule Denies Preliminary Investigation Period Because Knowledge of Facts Raising the Inquiry Satisfies Actual Notice Requirement. Lutheran Hospital v. Levy, 60 Md. App. 227, 482 A.2d 23 (1984), cert. denied, 302 Md. 288, 487 A.2d 292 (1985), Edward T. Pinder

    PDF

    Casenotes: Municipal Corporations/Charter Counties — County Ordinance Enacted Pursuant to Express Powers Act Prevails over Ordinances Enacted by Municipalities within That County Pursuant to Municipal Express Powers Act. Mayor of Forest Heights v. Tillie Frank, 291 Md. 331, 435 A.2d 425 (1981), Susan L. Spence

    PDF

    Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement of Materiality to the Outcome of the Case. Stevenson v. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter

    PDF

    Casenotes: New Trials — Juror Misconduct — Evidence — Where Motion for New Trial Is Based on Jury's Exposure to Extraneous Matter during Deliberations, Movant Must Show Probable Prejudice — Jurors' Affidavits Are Incompetent Evidence. Wernsing v. General Motors Corp., 298 Md. 406, 470 A.2d 802 (1984), Laurell Kalvan

    PDF

    Casenotes: Securities Fraud — Rule 10b-5 — Tippee Liability Requires Breach of Fiduciary Duty by Tipper, and Tippee's Knowledge of the Breach. Dirks v. SEC, 103 S. Ct. 3255 (1983), Nancy I. Knapp

    PDF

    Casenotes: Statute of Limitations — Medical Malpractice — Constitutional Law — Five Year Statute of Repose on Medical Malpractice Claims That Commences When an Injury Occurs Is Constitutional. Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985), Nancy E. Leibowitz

    PDF

    Casenotes: Statutes — Referendum — Appropriation — Stadium Enactments Not Subject to Referendum Because They Fall within Appropriation Exception to Referendum Amendment. Kelly v. Marylanders for Sports Sanity, Inc., 310 Md. 437, 530 A.2d 245 (1987), Denise Ramsburg Stanley

    PDF

    Casenotes: Tax Collection — Where One Codepositor in a Joint Bank Account Fails to Pay Federal Income Tax, the Internal Revenue Service May Levy on the Account without Notice to Innocent Codepositors, Provided the Delinquent Taxpayer Has an Absolute Right under State Law to Withdraw Funds from the Joint Account. United States v. National Bank of Commerce, 105 S. Ct. 2919 (1985), Stephen S. McCloskey

    PDF

    Casenotes: Title VII — Employment Discrimination — Title VII Provides Claim for Law Firm Associate Alleging Sex Discrimination in Partnership Selection. Hishon v. King & Spalding, 104 S. Ct. 2229 (1984), Marjorie H. Wax

    PDF

    Casenotes: Title VII — Spousal Pregnancy Benefits — Differential Treatment of Spousal Benefits Violates Title VII. Newport News Shipbuilding & Dry Dock Co. v. EEOC, 103 S. Ct. 2622 (1983), Mari Stanley

    PDF

    Casenotes: Tort Law — Emotional Distress Capable of Healing Itself Is an Insufficient Injury for a Claim of Intentional Infliction of Emotional Distress, and Emotional Distress That Does Not Cause Physical Injury Capable of Objective Determination Is an Insufficient Injury for a Claim of Negligence. Hamilton v. Ford Motor Credit Co., 66 Md. App. 46, 502 A.2d 1057, cert. denied, 306 Md. 118, 507 A.2d 631 (1986), Neal C. Baroody

    PDF

    Casenotes: Tort Law — Upon Request, Jurors in a Personal Injury Case Must Be Instructed That the Damages Awarded Are Not Subject to Federal and State Income Taxes. Blanchfield v. Dennis, 292 Md. 319, 438 A.2d 1330 (1982), John R. Kaye

    PDF

    Casenotes: Torts — Causes of Action Exist for Negligence, Intentional Infliction of Emotional Distress, and Fraud for Transmission of a Sexually Communicable Disease between Unmarried Partners. B.N. v. K.K., 312 Md. 135, 538 A.2d 1175 (1988), Glen P. Smith

    PDF

    Casenotes: Torts — Defamation — Comments Made While Petitioning a Legislative Body for a Redress of Grievances Are Absolutely Privileged. Sherrard v. Hull, 53 Md. App. 553, 456 A.2d 59, aff'd per curiam, 296 Md. 189, 460 A.2d 601 (1983), Michael A. Duff

    PDF

    Casenotes: Torts — Defamation — Judicial Immunity — Absolute Immunity Afforded Potential Witnesses for Statements Published in Unfiled Documents Prepared for Possible Use in a Pending Judicial Proceeding. Adams v. Peck, 288 Md. 1, 415 A.2d 292 (1980), Harold Douglas Norton

    PDF

    Casenotes: Torts — Domestic Law — Maryland Abrogates Interspousal Immunity in Negligence Cases. Boblitz v. Boblitz, 296 Md. 242, 462 A.2d 506 (1983), Brian Seth Jablon

    PDF

    Casenotes: Torts — Family Law — Criminal Conversation — Judicial Abrogation of the Civil Action for Adultery. Kline v. Ansell, 287 Md. 585, 414 A.2d 929 (1980), Sherry Hamburg Flax

    PDF

    Casenotes: Torts — Interspousal Immunity — Maryland Abrogates Interspousal Immunity in Cases of Outrageous Intentional Torts. Lusby v. Lusby, 283 Md. 334, 390 A.2d 77 (1978), Judith Bette Becker and Richard D. Caplan

    PDF

    Casenotes: Torts — Joint Tortfeasors — Accord and Satisfaction Executed by One Joint Tortfeasor Constitutes a Release of That Defendant from Further Liability but Not a Bar to the Plaintiff's Suit against the Unreleased Joint Tortfeasor nor to the Unreleased Joint Tortfeasor's Indemnity Claim against the Released Tortfeasor. Loh v. Safeway Stores, Inc., 47 Md. App. 110, 422 A.2d 16 (1980), Timothy M. Mulligan Jr.

    PDF

    Casenotes: Torts — Judicial Immunity: A Sword for the Malicious or a Shield for the Conscientious? Stump v. Sparkman, 98 S. Ct. 1099 (1978), John Bennett Sinclair

    PDF

    Casenotes: Torts — Loss of Consortium — Children Do Not Have a Cause of Action for Loss of Parental Consortium When a Parent Survives a Tortious Injury. Gaver v. Harrant, 316 Md. 17, 557 A.2d 210 (1989), James E. Myers

    PDF

    Casenotes: Torts — Master and Servant — Negligent Hiring — Employer Owes a Duty to the General Public to Use Reasonable Care in Hiring and Retaining Employees. Evans v. Morsell, 284 Md. 160, 395 A.2d 480 (1978), Marianne Jeannette Schmitt

    PDF

    Casenotes: Torts — Medical Malpractice — Court of Appeals of Maryland Adopts Doctrine of Informed Consent. Sard v. Hardy, 281 Md. 432, 379 A.2d 1014 (1977), John R. Penhallegon

    PDF

    Casenotes: Torts — Negligence — Physicians Are Liable for the Expenses of Raising a Child When the Child's Birth Is the Result of a Negligently Performed Sterilization Procedure. Jones v. Malinowski, 299 Md. 257, 473 A.2d 429 (1984), Lisa Stello

    PDF

    Casenotes: Torts — Private Citizen Attempting to Arrest Felon Liable for Negligent Acts toward Innocent Third Parties. Giant Food, Inc. v. Scherry, 51 Md. App. 586, 444 A.2d 483 (1982), Nicholas F. McCoy

    PDF

    Casenotes: Torts — Satisfaction — Release — Where the Terms of a General Release Are Ambiguous with Respect to Whether the Parties Intend to Bar Suit against a Subsequent Negligent Physician, Parol Evidence Is Admissible to Determine the Intent of the Parties at the Time of Execution. Morgan v. Cohen, 309 Md. 304, 523 A.2d 1003 (1987) (4-3 decision), Mark Alan Billhimer

    PDF

    Casenotes: Trademark Law — Monopoly Trademark Held Generic under a "Mutually Exclusive Approach." Anti-Monopoly, Inc. v. General Mills Fun Group, Inc., 684 F.2d 1316 (9th Cir. 1982), Donna Ann Rubelmann

    PDF

    Casenotes: Trusts — Spendthrift Provisions — Inter Vivos Transfer of Grantor-Spouse's Interest in Tenancy by Entirety and Subsequent Testamentary Creation of Spendthrift Trust by Grantee-Spouse in Favor of Grantor-Spouse Held to Be Valid against Latter's Creditors. Watterson v. Edgerly, 40 Md. App. 230, 388 A.2d 934 (1978), Richard C.B. Woods

    PDF

    Casenotes: Uniform Commercial Code — Implied Warranty Provisions of the Maryland Uniform Commercial Code Are Applicable to Consumer Goods Even When the Transaction Is Predominantly One for the Rendering of Consumer Services. Anthony Pools v. Sheehan, 295 Md. 285, 455 A.2d 434 (1983), Dennis J. Bodley

    PDF

    Casenotes: Usury — Maryland Annotated Code, Article 49 — a Lender's Retention of Loan Related Costs, Unless Exempted, Constitutes Interest — Unpaid Balance Is That Sum Actually Owed by a Borrower to a Lender. Tri-County Fed. Sav. & Loan Ass'n v. Lyle, 280 Md. 69, 371 A.2d 424 (1977), Jeffrey J. Plum

    PDF

    Casenotes: Wills — Apportionment of Estate Tax — Uniform Estate Tax Apportionment Act Held to Require That Only Clear and Unambiguous Language May Direct That Residuary Legatees Bear the Estate Tax on the Whole of the Estate. Johnson v. Hall, 283 Md. 644, 392 A.2d 1103 (1978), Edward S. Geldermann

    PDF

    Casenotes: Workers' Compensation Law — Coemployee Liability — Injured Employees May Not Recover Damages from Supervisors or Corporate Officers Absent the Breach of a Personal Duty of Care. Athas v. Hill, 300 Md. 133, 476 A.2d 710 (1984), Michael L. Jennings

    PDF

    Casenotes: Workmen's Compensation — Permanent Partial Disability — Evidence of Actual Wages Admissible as a Factor to Be Considered in Determining Claimant's Loss of Earning Capacity. Hall v. Willard Sand & Gravel Co., 60 Md. App. 260, 482 A.2d 159 (1984), Ralph E. Wilson III

    PDF

    Casenote: The Death Penalty Cases: A Summary, Charles J. Iseman

    PDF

    Casenote: The "Import-Export" Clause Reexamined, Byron L. Warnken

    PDF

    Casenote: Warrantless Arrests, Lindsay Schlottman

    PDF

    Casenote Women In Labor (or The Female's Blue Collar Blues) - 999 S. Ct. 2628 (April 1, 1976), J. Cheever Loophole

    PDF

    Case Note: Zoning-Riparian Rights-Improved Lands under Navigable Waters Subject to Local Ordinances. Harbor Island Marina v. Board of Commissioners, 286 Md. 303, 407 A.2d 738 (1979), Harold Norton

    PDF

    Catch Me If You Can! Resolving the Ethical Tragedies in the Brave New World of Jury Selection, José F. Anderson

    PDF

    Causation in Employment Discrimination Analysis: A Proposed Marriage of the Croson and Wards Cove Rationales, Michael L. Marshall

    PDF

    Caveat Venditor: Constructive Eviction and Implied Warranties in Leasing, Stuart R. Blatt and Nicholas Nunzio

    PDF

    CEDAW and Rural Development: Empowering Women with Law from the Top down, Activism from the Bottom Up, Marta R. Vanegas and Lisa R. Pruitt

    PDF

    Challenging Public Investigative Reports: How to Fight the Hearsay Exception, Steven P. Grossman and Stephen J. Shapiro

    PDF

    Changing Course in the Anti-Domestic Violence Legal Movement: From Safety to Security, Margaret E. Johnson

    PDF

    "Charitable Choice" and the Accountability Challenge: Reconciling the Need for Regulation with the First Amendment Religion Clauses, Michele E. Gilman

    PDF

    Check List and Basic Guide to the Administration of Decedents' Estates under New Article 93, Revised to July 1, 1973, Together with a Summary of Pertinent 1973 Session Laws of the General Assembly of Maryland and an Appendix of Forms, James G. McCabe

     

    Chesapeake Waters: Four Centuries of Controversy, Concern and Legislation (Second Edition), Steven A.G. Davison, Jay G. Merwin Jr., John Capper, Garrett Power, and Frank R. Shivers Jr.

    PDF

    Child Abuse: The Second Victimization, Paul A. Dorf

    PDF

    Child Custody and Visitation in Maryland: In the Best Interests of the Child, Kim H. McGavin

    PDF

    Child Custody Disputes Between Biological Parents and Third Parties, Harry C. Storm

    PDF

    Child Custody Evaluations: Review of the Literature and Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, J. Mason Weeda, and William A. Mack

    PDF

    Children Are Losing Maryland's "Tender Years" War, Lynn McLain

    PDF

    Child Support Harming Children: Subordinating the Best Interests of Children to the Fiscal Interests of the State, Daniel L. Hatcher

    PDF

    Child Support in Maryland: Time for Change?, Barbara A. Babb

    PDF

    Choice of Law in Product Liability Actions: Order for the Practitioner in a Reign of Chaos, Edward S. Digges Jr. and Michael T. Wharton

    PDF

    Choosing the Appropriate State Statute of Limitations for Section 1983 Claims after Wilson v. Garcia: A Theory Applied to Maryland Law, Stephen J. Shapiro

    PDF

    Citizen Journalists & the Right to Gather News: Why Maryland Needs to Acknowledge a First Amendment Right to Record the Police, Kristine L. Dietz

    PDF

    Clinical Legal Education: A (Brief) Comparison of the Evolving Structures and Pedagogy in Mexico, Canada and the United States, Elizabeth Keyes, David C. Koelsch, and Alejandro Posadas

    PDF

    Closing the Barn Door After the Genie is Out of the Bag: Recognizing a "Futility Principle" in First Amendment Jurisprudence, Eric Easton

    PDF

    Code of Ethics Revisited, William I. Weston

    PDF

    Cole v. Burns International Security Services: Mandatory Arbitration of Statutory Discrimination Claim, John A. Gray

    PDF

    Collateral Children: Consequence and Illegality at the Intersection of Foster Care and Child Support, Daniel L. Hatcher

    PDF

    Collecting Child Support: A History of Federal and State Initiatives, Jane C. Murphy and Naomi R. Cahn

    PDF

    Collective Bargaining in the Public Sector: Carroll County Education Association, Inc. v. Board of Education of Carroll County, Luke Mickum

    PDF

    Colorization: Byting More Than You Can Chew?, Joseph J. Libricz Jr.

    PDF

    Commemorative Histories of the Bench and Bar: In Celebration of the Bicentennial of Baltimore City 1797-1997, John Carroll Byrnes

    PDF

    Comment: Additional Barriers to Breaking the Silence: Issues to Consider When Representing a Victim of Same-Sex Domestic Violence, Satoko Harada

    PDF

    Comment: Adverse Spousal Testimony in Maryland and the Fourth Circuit, Marleen Bleich Miller

    PDF

    Commentaries on the IAALS' Honoring Families Initiative White Paper, Barbara A. Babb

    PDF

    Comment: A Right under OSHA to Refuse Unsafe Work or a Hobson's Choice of Safety or Job?, Susan T. Preston

    PDF

    Commentary, Kenneth Golberg

    PDF

    Commentary: 1996 Spring Commencement Speech, Peter G. Angelos

    PDF

    Commentary: 1997 Commencement Speech: The Honorable Robert M. Bell: Chief Judge, Court of Appeals of Maryland, Robert M. Bell

    PDF

    Commentary: 1998 Spring Commencement Speech, Martha Frisby Rasin

    PDF

    Commentary: Abuse of Grand Jury Process and Media Caused by Bias Tragedy, Andrew Battista

    PDF

    Commentary: A Law Professor's View from the Jury Box, Stephen J. Shapiro

    PDF

    Commentary: Anonymous Juries in State Court, Thomas E. Noel

    PDF

    Commentary: A Perspective on Civil Rights Challenges, Deval L. Patrick

    PDF

    Commentary: Chiropractor as an Expert Witness, Mark A. Shulman

    PDF

    Commentary: Does the Workers' Compensation System of Maryland Favor the Injured Worker?: No, Ronald J. Levasseur

    PDF

    Commentary: Does the Workers' Compensation System of Maryland Favor the Injured Worker?: Yes, William R. Levasseur

    PDF

    Commentary: Invisible Teachers: A Comment on Perceptions in the Classroom, Robert F. Nagel

    PDF

    Commentary: Justice Brennan's Legacy and the Potentially Jilting Souter, John J. Capowski

    PDF

    Commentary: Maryland Discovery Changes: Reform or Retreat?, John A. Lynch Jr.

    PDF

    Commentary: Mazzone V State: The Marital Privilege Unbound, Philip S. Jackson

    PDF

    Commentary: Pre-Trial Publicity: Can There Be a Fair Trial When the Press and the Prosecutor Join Hands?, Ruth G. Allen

    PDF

    Commentary: Secrets of the Bar: A Guide to the Unauthorized Practice of Law, James D. Gordon III

    PDF

    Commentary: Taking the Law Firm-Ly into His Own Hands, Mike Royko

    PDF

    Commentary: The Adoption of Comparative Negligence in Maryland?, Myles L. Lichtenberg

    PDF

    Commentary: The Petition To Exhume John Wilkes Booth: A View From The Inside, Francis John Gorman

    PDF

    Commentary: Women Accused of Homicide — The Use of Expert Testimony on the Effect of Battering on Woman — a Trial Judge's Perspective, Steven I. Platt

    PDF

    Comment: Bucking the Trend: Why Maryland Does Not Need an Equine Activity Statute and Why It May Be Time to Put All of These Statutes out to Pasture, Jennifer Dietrich Merryman

    PDF

    Comment: Complex Federal Civil Litigation-Can Jury Trials Be Constitutionally Avoided?, Deidre W. Bastian Lee and Eugenia Cooper Wootton

    PDF

    Comment: Critique of the Veil of Fair Representation, Michael Hayes

    PDF

    Comment: Duty to Warn and the Sophisticated User Defense in Products Liability Cases, Christopher P. Downs

    PDF

    Comment: Evidence of Other Crimes as Substantive Proof of Guilt in Maryland, Michael Patrick May

    PDF

    Comment: Federal Common Law of Public Nuisance: An Expanding Approach to Water Pollution Control, Craig E.R. Jakubowics

    PDF

    Comment: Getting the Lights Back On: An Analysis of the Maryland Energy Service Quality and Reliability Act's Impact on Utility Liability and Consumer Rights, Elizabeth Payne

    PDF

    Comment: Get Your Head in the Game: Legislation Addressing Concussions in Youth Sports and Its Development in Maryland, Elisabeth Koloup

    PDF

    Comment: Grossly Excessive Attorney's Fee Requests under the Civil Rights Attorney's Fee Awards Act: Should the Entire Fee Request Be Denied?, Bernard P. Codd

    PDF

    Comment: Innocence and Incarceration: A Comprehensive Review of Maryland's Postconviction DNA Relief Statute and Suggestions for Improvement, Nicholas Phillips

    PDF

    Comment: Lawyer Television Advertising What's the Big Deal?, Stephen L. Miles

    PDF

    Comment: Maryland's Warrantless Inspection Laws: A Warrantless Expectation of Constitutionality, Robert J. Liberatore

    PDF

    Comment: Nonprofit Corporations and Maryland's Director and Officer Liability Statute: A Study of the Mechanics of Maryland's Statutory Corporate Law, Stewart P. Hoover

    PDF

    Comment: Parent-Child Tort Immunity: Time for Maryland to Abrogate an Anachronism, Rhonda Ilene Framm

    PDF

    Comment: "Piercing the Corporate Veil" in Maryland: An Analysis and Suggested Approach, Denise L. Speer

    PDF

    Comment: Retroactivity and the Future of Sex Offender Registration in Maryland, Timothy J. Gilbert

    PDF

    Comments: A Comparison of the Use of Character Witness Testimony in Maryland Versus the Federal Practice: Distinguishing Reasonable Basis from Specific Instances of Conduct After Jensen v. State, 355 Md. 692, 736 A.2d 307 (1999), Michael P. O'Day

    PDF

    Comments: A Comprehensive Review of Maryland Workers' Compensation and Disqualification Due to Intoxication: "Sole Cause" Is Not the Only Way to Proceed, Nicole Pastore

    PDF

    Comments: Adjusting Accountants' Liability for Negligence: Recovery for Reasonably Foreseeable Users of Financial Statements, Brian Jeffrey Frank

    PDF

    Comments: Admiralty Jurisdiction: The New Wave in Asbestos Litigation, Barbara Rhea Gathright

    PDF

    Comments: A "Familiar" Standard of Care: What the Same or Similar Communities Standard Could Mean for Maryland, John M. Williams Jr.

    PDF

    Comments: Americans with Disabillties Act: An Alleged Violation of the Ada Should Not Be a Defense in a Termination of Parental Rights Proceeding, Jennifer Wright Burke

    PDF

    Comments: An Easy Pill to Swallow: While the Supreme Court Found That for-Profit, Secular Companies Can Exercise Religion within the Meaning of the RELIGIOUS FREEDOM RESTORATION ACT, the Mandate Should Have Prevailed with Respect to Those Entities Because It Advances the Government's Compelling Interests in Public Health and Is the Least Restrictive Means of Doing So, Maria Iliadis

    PDF

    Comments: An Indigent Accused Does Not Have a Constitutional Right to Appointed Counsel at Extradition Hearings: An Analytical Approach, Mark S. Dachille

    PDF

    Comments: Anticipatory Search Warrants: State and Federal Applications and Their Future in Maryland, Andrew M. Belt

    PDF

    Comments: Antitrust Liability for Bad Faith Assertion of Trade Secrets, Michael D. Oliver

    PDF

    Comments: A Poisoned Arrow in His Quiver: Why Forbidding an Entire Branch of Government from Communicating with a Reporter Violates the First Amendment, Joseph S. Johnston

    PDF

    Comments: A Pragmatic Look at Criminal Contempt and the Trial Attorney, Rosalind D. Anderson

    PDF

    Comments: A Return to State Sovereignty: How Individuals with Disabilities in Maryland May Still Seek Relief against State Employers after Board of Trustees of the University of Alabama v. Garrett, Geoffrey G. Hengerer

    PDF

    Comments: A Right to Testimony of Immunized Defense Witnesses, Howard Simon Klein

    PDF

    Comments: Atlantis Revisited: Recovery under Maryland Law for Purely Economic Loss against Negligent Builders and Manufacturers, Michael R. McCann

    PDF

    Comments: At the Intersection of National Interests and International Law: Why American Interests Should Assume The Right of Way, Clark Smith

    PDF

    Comments: Attorney Advertising in Maryland: A Need for Stricter Control, Carol Kaufmann Lisman

    PDF

    Comments: Avoiding Those Wearing Propeller Hats: The Use of Blue Ribbon Juries in Complex Patent Litigation, Jordan M. Halle

    PDF

    Comments: Because Sex Crimes Are Different: Why Maryland Should (Carefully) Adopt the Contested Federal Rules of Evidence 413 and 414 That Permit Propensity Evidence of a Criminal Defendant's Other Sex Offenses, Joyce R. Lombardi

    PDF

    Comments: Beware the Dotted Line: Foreclosure Rescue Fraud in Maryland and the Growing Effort to Combat It, Seth Yaffo

    PDF

    Comments: Blasting the Cap: Constitutional Issues Arising from Maryland's Limitation of Noneconomic Damages in Personal Injury Claims, James R. Andersen

    PDF

    Comments: Blessed Are the Faithful: An Analysis of the Scope and Applicability of the Good Faith Exception to the Exclusionary Rule, Thomas Page Lloyd

    PDF

    Comments: Bringing up Baby: Maryland Must Adopt an Equitable Framework for Resolving Frozen Embryo Disputes after Divorce, Melissa Boatman

    PDF

    Comments: Caveat Venditor in Maryland Condominium Sales: Cases and Legislation Imposing Implied Warranties in Sales of Residential Condominiums, Linda Semesky Woolf

    PDF

    Comments: Challenging the Challenge: Twelve Years after Batson, Courts Are Still Struggling to Fill in the Gaps Left by the Supreme Court, Cheryl A.C. Brown

    PDF

    Comments: Chances as Protected Interests: Recovery for the Loss of a Chance and Increased Risk, Howard Ross Feldman

    PDF

    Comments: Check Your Privacy Rights at the Front Gate: Consensual Sodomy Regulation in Today's Military Following United States v. Marcum, Captain Erik C. Coyne

    PDF

    Comments: Civil Unions under the Maryland Era: How the Illusion of Equality Is an Equal Rights Avoidance, Michele Reichlin

    PDF

    Comments: Compensation for Victims of Uninsured Motorist Accidents, Donna M. Maag

    PDF

    Comments: Conflict between the Internal Revenue Code and the Fifth Amendment Privilege against Self-Incrimination, Richard B. Stanley

    PDF

    Comments: Crawford v. Washington: Redefining Sixth Amendment Jurisprudence; The Impact across the United States and in Maryland, Tracey L. Perrick

    PDF

    Comments: Davidson v. Microsoft Corporation: Reexamining Maryland's Illinois Brick Bar against Indirect Private Purchasers, Christopher Paul Dean

    PDF

    Comments: Decriminalization of Non-Support in Maryland — a Re-Examination of a Uniform Act Whose Time Has Arrived, William F. Ryan Jr.

    PDF

    Comments: Defining "Disability" under the Americans with Disabilities Act, Amalia Magdalena Villalba

    PDF

    Comments: Division of Military Retirement Pay upon Divorce, Ellen L.S. Koplow

    PDF

    Comments: Don't Buy... Rent! Maryland Law Provides Limitless Insurance for Tenants against Criminal Activity after Hemmings v. Pelham Wood, Teresa D. Teare

    PDF

    Comments: Droning on about the Fourth Amendment: Adopting a Reasonable Fourth Amendment Jurisprudence to Prevent Unreasonable Searches by Unmanned Aircraft Systems, Joel Celso

    PDF

    Comments: Drug Testing of Private Employees, Dean S. Landis

    PDF

    Comments: Electronic Access to Court Records: Shifting the Privacy Burden Away from Witnesses and Victims, John Losinger

    PDF

    Comments: Eminent Domain: Private Corporations and the Public Use Limitation, Rocco C. Nunzio

    PDF

    Comments: Employees as Subcontractors: Maryland's Interpretation of Its Mechanics' Liens Statute, Anee P. Raulerson

    PDF

    Comments: Equal Access to Pole Attachment Agreements: Implications of Telephone Company Participation in the Cable Television Market, John P. Morrissey

    PDF

    Comments: Equitable Subrogation in Maryland Mortgages and the Restatement of Property: A Historical Analysis for Contemporary Solutions, Gregg H. Mosson

    PDF

    Comments: Estate Planning for the Posthumously Conceived Child: A Blueprint for the Sperm Donor, Brooke Shemer

    PDF

    Comments: Forfeiture of Attorneys' Fees under the Comprehensive Forfeiture Act of 1984: Not What Congress Ordered, Daniel A. Guy Jr.

    PDF

    Comments: Fourth and Long: How the Well-Established System of Workers' Compensation Poses a Substantial Threat to the Financial Stability of the NFL, Thomas J. McQueeney

    PDF

    Comments: Franchise Flight and the Forgotten Fan: An Analysis of the Application of Antitrust Laws to the Relocation of Professional Football Franchises, Mark Adam Wesker

    PDF

    Comments: Functional Magnetic Resonance Imaging and the Law Today: The Brain Is Reliable as a Mitigating Factor, but Unreliable as an Aggravating Factor or as a Method of Lie Detection, Kristina E. Donahue

    PDF

    Comments: Gender Confusion: The Need for Effective Legislation to Protect against Gender Identity Discrimination, Courtney J. Jefferson

    PDF

    Comments: Give and "Get"? Applying the Restatement of Contracts to Determine the Enforceability of "Get Settlement" Contracts, Alan C. Lazerow

    PDF

    Comments: Gulf War Syndrome: Will the Injuries of Veterans and Their Families Be Redressed?, Kevin J. Dalton

    PDF

    Comments: HIPAA Confusion: How the Privacy Rule Authorizes "Informal" Discovery, Myles J. Poster

    PDF

    Comments: Holding Clergy Accountable: Maryland Should Require Clergy to Report Suspected Child Abuse, Caroline E. Law Miller

    PDF

    Comments: Hospital Mergers Versus Consumers: An Antitrust Analysis, Nicole Harrell Duke

    PDF

    Comments: Hypnosis in Court: A New Twist on the Old Memory Game, James Kevin MacAlister

    PDF

    Comments: Immigrants, Health Care, and the Constitution: Medicaid Cuts in Maryland Suggest That Legal Immigrants Do Not Deserve the Equal Protection of the Law, Tricia A. Bozek

    PDF

    Comments: In Light of Crawford v. Washington and the Difficult Nature of Domestic Violence Prosecutions, Maryland Should Adopt Legislation Making Admissible Prior Acts of Domestic Violence in Domestic Violence Prosecutions, Jay A. Abarbanel

    PDF

    Comments: In Re Cager and the Commission to Study Problems of Illegitimacy, Kevin Kendrick

    PDF

    Comments: Is the Sham Affidavit Rule Itself a Sham, Designed to Give the Trial Court More Discretion at the Summary Judgment Level?, Ryan A. Mitchell

    PDF

    Comments: Judgments of Prior Conviction as Substantive Proof in Subsequent Civil Proceedings: A Study of Admissmility and Maryland's Need for Such a Hearsay Exception, Stephen B. Gerald

    PDF

    Comments: Judicial Messaging: Remote Texter Liability as Public Education, Morgan Gough

    PDF

    Comments: Just [Can't] Do It: The Supreme Court of California Overly Restricted Nike's First Amendment Rights in Holding That Its Public Statements Were Commercial Speech, Alyssa L. Paladino

    PDF

    Comments: Katsenelenbogen v. Katsenelenbogen: Through the Eyes of the Victim — Maryland's Civil Protection Order and the Role of the Court, Richard A. DuBose III

    PDF

    Comments: Keep It Clean: How Public Universities May Constitutionally Enforce Policies Limiting Student Speech at College Basketball Games, Jonathan Singer

    PDF

    Comments: Liberalizing Maryland's Approach to Piercing the Corporate Veil, Ryan Bottegal

    PDF

    Comments: Limiting Local Zoning Regulation of Electric Utilities: A Balanced Approach in the Public Interest, Sager A. Williams Jr.

    PDF

    Comments: Linmark Associates, Inc. v. Township of Willingboro, 97 S. Ct. 1614 (1977) — "For Sale" Signs: The Right to Yell "Fire" in an Integrating Neighborhood?, Russell C. Minkoff and John Bennett Sinclair

    PDF

    Comments: Liquor Vendor Liability for Torts of Intoxicated Patrons, James P. O'Meara

    PDF

    Comments: Making a Federal Case out of It: Supplemental Jurisdiction under 28 U.S.C. § 1367, M. Ashley Harder

    PDF

    Comments: Maryland Is Dying for a Slayer Statute: The Ineffectiveness of the Common Law Slayer Rule in Maryland, Tara L. Pehush

    PDF

    Comments: Maryland's Application of Promissory Estoppel in Construction Industry Bidding Disputes: Eliminating Further Confusion, Kai-Niklas A. Schneider

    PDF

    Comments: Maryland's DNA Data Base System and Repository — Does It Pass Constitutional Muster?, Susan M. Dadio

    PDF

    Comments: Maryland's Fundamental Interest in a Thorough and Efficient System of Public Education: The Need for Judicial Intervention, Elizabeth Colette Derrrig

    PDF

    Comments: Maryland Statutory and Common Law Remedies for Misrepresentation in Securities Transactions, Robert L. Humphreys Jr.

    PDF

    Comments: Modest Proposals for a Complex Problem: Patent Misuse and Incremental Changes to the Hatch-Waxman Act as Solutions to the Problem of Reverse Payment Settlements, Alyssa L. Brown

    PDF

    Comments: Municipalities Versus Gun Manufacturers: Why Public Nuisance Claims Just Do Not Work, Joseph W. Cleary

    PDF

    Comments: Naturally Shed DNA: The Fourth Amendment Implications in the TraIl of Intimate Information We All Cannot Help but Leave Behind, Mike Silvestri

    PDF

    Comments: Needlessly Fighting an Uphill Battle: Extensive Estate Planning Complications Faced by Gay and Lesbian Individuals, Including Drastic Resort to Adult Adoption of Same-Sex Partners, Necessitate Revision of Maryland's Intestacy Law to Provide Heir-at-Law Status for Domestic Partners, Madeleine N. Foltz

    PDF

    Comments: Negligent Infliction of Emotional Distress: Developments in the Law, Donald H. Romano

    PDF

    Comments: Newborn Screening Programs and Privacy: Shifting Responsibility from the Parent to the Laboratory, Michael D. Leeb

    PDF

    Comments: New York v. Belton and Its Expansion of the Search Incident to Arrest Exception to the Fourth Amendment Warrant Requirement, Michael G. Gallerizzo

    PDF

    Comments: No Expectation of Privacy: Should School Officials Be Able to Search Students' Lockers without Any Suspicion of Wrong Doing? A Study of In re Patrick Y. and Its Effect on Maryland Public School Students, Rebecca N. Cordero

    PDF

    Comments: No Ifs, Ands or Butts: Big Tobacco Is Fighting for Its Life Against a New Breed of Plaintiffs Armed with Mounting Evidence, Ingrid L. Dietsch Field

    PDF

    Comments: No Man's Landfill: An Analysis of the Roles of Federal, State, and Local Governments in Nonhazardous Solid and Hazardous Waste Management in Maryland, Lisa Huffman

    PDF

    Comments: Not All Is Fair (Use) in Love and War: Copyright Law and Revenge Porn, Kaitlan M. Folderauer

    PDF

    Comments: Opening the Door to Single Government: The 2002 Maryland Redistricting Decision Gives the Courts Too Much Power in an Historically Political Arena, Brooke Erin Moore

    PDF

    Comments: Personal Injury Damages under the Maryland Survival Statute: Advocating Damage Recovery for a Decedent's Future Lost Earnings, Eric W. Gunderson

    PDF

    Comments: Petitioning a Court to Modify Alimony When a Client Retires, Colleen Marie Halloran

    PDF

    Comments: Police Liability in High-Speed Chases: Federal Constitution or State Tort Law; Why the Supreme Court's New Standard Leaves the Burden on the Burden on the State and What This Might Mean for Maryland, Roger K. Picker

    PDF

    Comments: Prenatal Substance Abuse: A Call for Legislative Action in Maryland, Mary J. Pizzo

    PDF

    Comments: Privacy at Risk: Patients Use New Web Products to Store and Share Personal Health Records, Juliana Bell

    PDF

    Comments: Professional Responsibility — Attorney — Client Privilege: Are Expectations of Privacy Reasonable for Communications Broadcast via Cordless or Cellular Telephones?, Anthony S. Higgins

    PDF

    Comments: Project Life, Inc. v. Glendening: Seeking Sanctuary for Women Recovering from Substance Abuse Problems, Sarah D. Bruce

    PDF

    Comments: Proposed Client Perjury: A Criminal Defense Attorney's Alternatives, Ronald Evan Alper

    PDF

    Comments: Public Policy and Preemption: Union Employees' State Wrongful Discharge Actions, Marlene Lange Budd

    PDF

    Comments: "Quaffable, but Far from Transcendent": Maryland's Twenty-First Century Prohibition, Lauren Dunnock

    PDF

    Comments: Recovery of EPA Oversight Costs from a Broad Reading of CERCLA, Aaron Kelly

    PDF

    Comments: Regulation of Financial Planners, Gary S. Kull

    PDF

    Comments: Regulatory Options for Surrogate Arrangements in Maryland, Carol L. Nicolette and Libby Crystal Reamer

    PDF

    Comments: Requiring Criminal Defendants to Prove Blue Sky Exemptions: A Question of Due Process, Anthony J. DiPaula

    PDF

    Comments: Restitution in Consumer Protection Actions: Stop the Reliance on Reliance, Lisa Yurwit

    PDF

    Comments: Rice v. Paladin: The Fourth Circuit's Unnecessary Limiting of a Publisher's Freedom of Speech, Elise M. Balkin

    PDF

    Comments: Rights of the Maryland Probationer: A Primer for the Practitioner, Robert C. Little

    PDF

    Comments: Rights, Regulations, and Revolvers: Baltimore City's Complex Constitutional Challenge Following District of Columbia v. Heller, Ian W. Henderson

    PDF

    Comments: Scope of Protection Accorded Confidential Employees under the NLRA, Patrick J. Stewart

    PDF

    Comments: "Secondary Effects" Analysis: A Balanced Approach to the Problem of Prohibitions on Aggressive Panhandling, William L. Mitchell II

    PDF

    Comments: Seeking a Second Opinion: How to Cure Maryland's Medical Marijuana Law, Allison M. Busby

    PDF

    Comments: Separating the Employee from the Citizen: The Social Science Implications of Garcetti v. Ceballos, Diane Norcross

    PDF

    Comments: Should Race Be a Factor in Law School Admissions? A Study of Hopwood v. Texas and How the Equal Protection Clause Makes Race-Based Classifications Unconstitutional, Michael A.B. Turner

    PDF

    Comments: Silence Is Not Always Golden: Mortgage Prepayment in the Commercial Loan Context, Rebecca C. Dietz

    PDF

    Comments: "Simplification" Is Not Enough: An Analysis of the Home Office Tax Deduction and the Home Office Simplification Act of 2009, Lauren Marini

    PDF

    Comments: Smokers' Chances of a Fair Fight against the Tobacco Companies Go up in Flames: A Study of Philip Morris Inc. v. Angeletti and Its Effect on the Viability of Class Action Lawsuits in Maryland Tobacco Litigation, Melodie C. Hahn

    PDF

    Comments: Something Old, Something New, Something Borrowed, Something Long Overdue: The Evolution of A "Sexual Orientation-Blind" Legal System in Maryland and the Recognition of Same-Sex Marriage, Gregory Care

    PDF

    Comments: State of the Art Evidence in Products Liability Suits in Maryland, Patrick R. Buckler

    PDF

    Comments: Stuck Between a Rock and a Hard Place: Does Lebanon Have a Responsibility to Respect Syrian Refugees?, Robert Demirji

    PDF

    Comments: Taking Remedial Measures to Amend Maryland Rule of Evidence 5-407 to Explicitly Apply to Products Liability Actions, Jaime A. Walker

    PDF

    Comment: State and Local Legislative Powers: An Analysis of the Conflict and Preemption Doctrines in Maryland, J. Scott Smith

    PDF

    Comment: State Court Jurisdiction: Demise of the Seider Doctrine, Albert J. Mezzanotte Jr.

    PDF

    Comments: Taxation: Deduction of Expenses Incurred by Another in the Performance of a Service to a Charitable Organization, Jane Rutherford Luckey

    PDF

    Comments: The Bankruptcy Reform Act of 1978: Dischargeability of Obligations Incurred under Property Settlements, Separation Agreements, and Divorce Decrees, Christina Marie Gattuso

    PDF

    Comments: The Continued Expansion of the Public Use Requirement in Eminent Domain, Jonathan Neal Portner

    PDF

    Comments: The Corporate Attorney-Client Privilege in Maryland after Upjohn and the Recent Corporate Scandals: Where Do the Maryland Courts Go from Here?, Jami M. Watt

    PDF

    Comments: The Cost of Living: Maryland's Refusal to Recognize the Wrongful Life Cause of Action Short-Changes Plaintiffs, T. Brendan Kennedy

    PDF

    Comments: The Credit Card Act of 2009 Was Not Enough: A National Usury Rate Would Provide Consumers with the Protection They Need, Eliot C. Schaefer

    PDF

    Comments: The Crime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment, Matthew E. Feinberg

    PDF

    Comments: The Dual Sovereignty Exception to Double Jeopardy: An Unnecessary Loophole, Christina Galye Woods

    PDF

    Comments: The Duration of Temporary Restraining Orders in Federal Court, Joseph Michael Furey

    PDF

    Comments: The Estate Tax Marital Deduction for a "Specific Portion" of an Interest in Trust: A Problem of Definition, Louise S. Hertz

    PDF

    Comments: The Ethics Involved in Representing Multiple Parties in a Business Transaction: How to Avoid Being Caught between Scylla and Charybdis' within the Confines of the Maryland Disciplinary Rules, Gretchen L. Jankowski

    PDF

    Comments: The "Greater Good"... At What Cost?: How Nontherapeutic Scientific Studies Can Now Create Viable Negligence Claims in Maryland after Grimes v. Kennedy Krieger Institute, Inc., Clifton R. Gray

    PDF

    Comments: The Hidden Cost of Rod and Rifle: Why State Fish and Game Laws Must Be Amended in Order to Protect against Unreasonable Search and Seizure in the Great Outdoors, Bryan M. Mull

    PDF

    Comments: The Illegal Immigrant Tax: Evaluating State Remittance Taxes under the Dormant Commerce Clause and the Equal Protection Clause, Meredith Cipriano

    PDF

    Comments: The Intracorporate Conspiracy Doctrine, John T. Prisbe

    PDF

    Comments: The Maryland Certificate of Qualified Expert Requirement: A Flimsy Shield for Corporations Engaged in Architecture and Professional Engineering, Gregory M. Garrett

    PDF

    Comments: The Medical Treatment Hearsay Exception in Maryland: A Low Point in Clarity for Practitioners and Protection for Utigants, David S. Gray

    PDF

    Comments: The National Securities Markets Improvement Act (NSMIA) Savings Clause: A New Challenge to Regulatory Uniformity, Linda M. Stevens

    PDF

    Comments: The Peremptory Challenge at the Federal Level and in Maryland: Its Uncertain Future after Georgia v. McCollum, Jeffrey S. Jubera

    PDF

    Comments: The Public Policy Doctrine and Tax Logic: The Need for Consistency in Denying Deductions Arising from Illegal Activities, Charles A. Borek

    PDF

    Comments: The Religious Land Use and Institutionalized Persons Act and Mega-Churches: Demonstrating the Limits of Religious Land Use Exemptions in Federal Legislation, Heather M. Welch

    PDF

    Comments: The Right to a Jury Trial in Benefit Recovery Actions Brought under Erisa Section 502(a)(1)(B), Michael McCabe Jr.

    PDF

    Comments: The Road to Judicial Abolishment of Contributory Negligence Has Been Paved by Bozman v. Bozman, Jennifer J. Karangelen

    PDF

    Comments: The Scarlett Letter "T": The Tier III Terrorist Classification's Inconsistent and Ineffectual Effects on Asylum Relief for Members and Supporters of Pro-Democratic Groups, Daniella Pozzo Darnell

    PDF

    Comments: The Securities and Exchange Commission's Proposed Regulations under the CROWDFUND Act Strike a Necessary Balance between the Burden of Disclosure Placed on Issuers of Securities and Meaningful Protection for Unsophisticated Investors, Stuart Evan Smith

    PDF

    Comments: The Special Needs Doctrine after Ferguson v. City of Charleston, Richard T. Smith

    PDF

    Comments: The Use of Screens to Cure Imputed Conflicts of Interest: Why the American Bar Association's and Most State Bar Associations' Failure to Allow Screening Undermines the Integrity of the Legal Profession, Erin A. Cohn

    PDF

    Comments: The Viability of the Trimester Approach, Kathleen Anne Calder

    PDF

    Comments: The "Walkaway Shop": Long-Term Union Avoidance and Management Decisions to Open New Facilities as Lawful Conduct under the National Labor Relations Act, Garrett Wozniak

    PDF

    Comments: Tightening the Reins on Pollution of Maryland Waters: Enforcing Maryland's Criminal Environmental Statutes against out-of-State Polluters, Eric Massof

    PDF

    Comments: Time for Change: Maryland's Inadequate Treatment of Alternate Jurors and the Federal Solution, Andrea N. Silvestri

    PDF

    Comments: Transfusion-Associated Acquired Immunodeficiency Syndrome (AIDS): Blood Bank Liability?, David A. Roling

    PDF

    Comments: Treasuring the Chesapeake: An Analysis of Climate Change and Its Impact on the Chesapeake Bay and Maryland's Surrounding Coastal Regions, Lauren F. Jones

    PDF

    Comments: Trending: Proportionality in Electronic Discovery in Common Law Countries and the United States' Federal and State Courts, Laura Hunt

    PDF

    Comments: Uncertainty for Practitioners and the Judiciary as Well as the Need for a Minimum Standard Demonstrate That Fiduciary Duties Should Be Incorporated into Maryland's LLC Act, Michael S. Spencer

    PDF

    Comment: Surgically Implanted Medical Device Liability: Will the New Restatement Help the Unraveling Shield Created by Medtronic, Inc. v. Lohr?, Donna M. Senft

    PDF

    Comments: Vice-a-Verdict: Legally Inconsistent Jury Verdicts Should Not Stand in Maryland, Ashlee Smith

    PDF

    Comments: Walking the Line of Admissibility: Why Maryland Courts Should Reexamine the Admissibility of Field Sobriety Tests, Rick M. Grams

    PDF

    Comments: What's Yours Is Ours? Gamete Donation in the Marital Context: Why Courts and Legislatures Should Not Interfere with an Individual's Fundamental Right to Privacy, Emily K. Alt

    PDF

    Comments: Whose Baby Is It Anyway? The Current and Future Status of Surrogacy Contracts in Maryland, Ashley E. Bashur

    PDF

    Comments: Who Turned out the Lights?: How Maryland Laws Fail to Protect Victims of Domestic Violence from Third-Party Abuse, Anique Drouin

    PDF

    Comment: The Anacostia River: Urbanization, Pollution, EPA Failures, and the Collapse of the Public Trust Doctrine, Matthew Powell

    PDF

    Comment: The Case of Two Biological Intended Mothers: Illustrating the Need to Statutorily Define Maternity in Maryland, Catherine Villareale

    PDF

    Comment: The Constitutionality of Medical Malpractice Mediation Panels: A Maryland Perspective, Matthew Zimmerman

    PDF

    Comment: Tort Liability Unleashed: Solesky v. Tracey and Landlord Duty to Third Parties, Errin K. Roby

    PDF

    Comment: When Considering Whether Prior Criminal Convictions Are Admissible in Subsequent Civil Proceedings as a Hearsay Exception, Should Maryland Keep Its Kuhl or Take a Walk on the Wald Side?, Michael Rynd

    PDF

    Comment: When Does Crawford Reach Jailhouse Phone Calls That Implicate a Co-Defendant, but Are Made by Another Non-Testifying Co-Defendant?, Matthew M. Grogan

    Link

    Commil USA v. Cisco Systems and Kimble v. Marvel Enterprises - Post-Argument SCOTUScast, Gregory Dolin

    PDF

    Commments: Continuing Vitality of the "Goods or Services" Test, Wayne Michael Willoughby

    PDF

    Commments: Preemption of State Law under the Federal Arbitration Act, Douglas M. Fox

    PDF

    Commments: Preserving Historic Structures: An Analysis of Regulatory Legislation and Tax Incentives in Federal, Maryland, and Municipal Law, Louis P. Ruzzi

    PDF

    Commments: Putting the House in Order: An Analysis of and Planning Considerations for Home Office Deduction, Mark T. Holtschneider

    PDF

    Common Carrier Liability under the Copyright Act of 1976, Howard W. Simcox Jr.

    PDF

    Common Law Doctrine of Merger: The Exceptions Are the Rule, Barry M. Goldman and Victoria Smouse Berghel

    PDF

    Common-Law Voluntariness in Maryland: Ghosts, Barnacles, and Elusive Bright-Line Rules, Andrew V. Jezic

    PDF

    Communicating Entitlements: Property and the Internet, William Hubbard

    PDF

    Community Correction Centers Involve Citizens and Inmates, Leonard A. Sipes Jr.

    PDF

    Comparing Condominiums and Cooperatives, Bobbi McCarthy

    PDF

    Comparing Free Speech: United States v. United Kingdom, Stephen J. Shapiro

    PDF

    Competency of Attesting Witnesses, Judith Ann Cross

    PDF

    Competitive Patent Law, William Hubbard

    PDF

    Competitor Suits against False Advertising: Is Section 43(a) of the Lanham Act a Proconsumer Rule or an Anticompetitive Tool?, Ross D. Petty

    PDF

    'Complete' Accrual Taxation, Fred B. Brown

    PDF

    Complete With Accessories, James F. Kuhn

    PDF

    Concession Bargaining: Legal and Practical Considerations in Light of Recent NLRB and Court Decisions, Stephen D. Shawe

    PDF

    Confirmation of out-of-State Arbitration Awards under Maryland's Uniform Arbitration Act, Gary I. Strausberg

    PDF

    Consent Searches and Voluntariness: An Analysis of Maryland Cases, David Carey

    PDF

    Consistently Inconsistent: The Supreme Court and The Confusion Surrounding Proportionality in Non-Capital Sentencing, Steven P. Grossman

    PDF

    Constitutional Corporatism: The Public Use Clause as a Means of Corporate Welfare, John Kieran Murphy

    PDF

    Constitutionality of D.C. Mortmain Statute Avoided; D.C. Laws Not "Statutes of the United States", J. Michael Dougherty Jr.

    PDF

    Constitutional Quiz, Ronald M. Shapiro

    PDF

    Constitutional Technicalities in Criminal Tax Cases, Randy Bruce Blaustein

    PDF

    Consumer Sovereignty: A Unified Theory of Antitrust and Consumer Protection Law, Neil W. Averitt and Robert H. Lande

    PDF

    Contemporary Fiduciary Investments: Why Maryland Needs the Prudent Man Rule, David M. Tralins

    PDF

    Contempt of Cop: Disrespect in Retrospect, Lawrence H. Rushworth and A. Michael Nolan

    PDF

    Contract Law Now — Reality Meets Legal Fictions, Danielle Kie Hart

     

    Copyright, Eric Easton

    PDF

    Copyrighting Personal Letters, Diaries, and Memorabilia: A Review and a Suggestion, Robert C. Hauhart

    PDF

    Copyright Law and Pornography: Reconsidering Incentives to Create and Distribute Pornography, Ann Bartow

    PDF

    Copyright-like Protection for Designs, Ralph S. Brown

    PDF

    Copyright Office Registration of Industrial Designs, Dorothy Schrader

    PDF

    Copyright Termination And Technical Standards, Jorge L. Contreras and Andrew T. Hernacki

    PDF

    Corporate Law: An Introduction and Defense, Ronald M. Shapiro

    PDF

    Cotenants: Right to Possession v. Right to Contribution, Colleen Clemente

    PDF

    Counselling the Inventor Client, James R. Bell

    PDF

    Counterpoint: Attorney Television Advertising: A New Approach, Donn Weinberg and Howard Fine

    PDF

    Court Examines Grand Jury Role, Bert Riddell Cramer

    PDF

    Creating Law and Policy with Women's Voices: Feminism in Action, Alicia C. Carra

    PDF

    Creditors' Rights Issues in Copyright Law: Conflict and Resolution, Charles Shafer

    PDF

    Crime and Survival: Some Basic Reflections, Otto R. Begus

    PDF

    Criminal Court Part X of Balto. City, Dominic Fleming

     

    Criminal Law: Cases, Commentary And Questions, José F. Anderson and Patricia Mell

    PDF

    Critiques on the Open Exam Policy: In Defense of and Arguments In Opposition to, Charles McGuire and Robert Lankin

    PDF

    Cross-Dressers with Benefits: Female Combat Soldiers in the United States and Israel, Pamela Laufer-Ukeles

    Link

    Cruel and Unusual for Whom, J. Amy Dillard

     

    Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment, John Bessler

    PDF

    Cryopreservation: Be Careful When Playing with Mother Nature, Julia Minner

    PDF

    Cujo Goes to College: On the Use of Animals by Individuals with Disabilities in Postsecondary Institutions, Dawinder S. Sidhu

    PDF

    Current Developments in Cyberspace, Eric Easton

    PDF

    Current Publications, Stuart S. Malawer

    PDF

    Current Publications

    PDF

    Current Publications

    PDF

    Dealing with Complex Evidence of Domestic Violence: A Primer for the Civil Bench, Jane C. Murphy and Jane H. Aiken

     

    Death in the Dark: Midnight Executions in America, John Bessler

    PDF

    Decedents' Rights: The State of the Law, Jeffrey S. Kluger

    PDF

    Declaratory Relief in Insurance Coverage Disputes, Joseph F. Cunningham

    PDF

    Dedication Address, Robert C. Murphy

    PDF

    Defending the Mentally Ill in Maryland: The Guilty Plea vs. the Insanity Defense, Paul Handy

    PDF

    Deferring Unfair Labor Practice Charges to Pre-Existing Arbitration Awards, Steven H. Heisler

    PDF

    Defining "Addition" of a Pollutant Into Navigable Waters From a Point Source Under the Clean Water Act: The Questions Answered — and Those Not Answered — by South Florida Water Management District v. Miccosukee Tribe of Indians, Steven A.G. Davison

    PDF

    Defining American: The DREAM Act, Immigration Reform and Citizenship, Elizabeth Keyes

    PDF

    Defining “Co-Party” Within Federal Rule of Civil Procedure 13(g): Are Cross-Claims Between Original Defendants and Third-Party Defendants Allowable?, John Bessler

    PDF

    Defining the Right of Self-Defense: Working toward the Use of a Deadly Force Appendix to the Standing Rules of Engagement for the Department of Defense, Major David Bolgiano, Captain Mark Leach, Major Stephanie Smith, and Lieutenant Colonel John Taylor

    PDF

    Defying Conventional Wisdom: The Case for Private Antitrust Enforcement, Joshua P. Davis and Robert H. Lande

    PDF

    Delinquency Jurisdiction in a Unified Family Court: Balancing Intervention, Prevention, and Adjudication, Gloria Danziger

     

    Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America, Garrett Epps

    PDF

    Democratizing Credit: Examining the Structural Inequities of Subprime Lending, Cassandra Jones Havard

    PDF

    Design Protection and the New Technologies: The United States Experience in a Transnational Perspective, J. H. Reichman

    PDF

    Design Protection in Lamp Design and Manufacturing, Thomas Lowy

    PDF

    Determining the Character of Section 357(c) Gain, Fred B. Brown

    PDF

    Determining the Preemptive Effect of Federal Law on State Statutes of Repose, Adam Bain

    PDF

    Development Agreements: The Intersection of Real Estate Finance and Land Use Controls, Patricia Grace Hammes

    PDF

    Developments in Maryland Law, 1986-87 Survey: Constitutional Law, Eric Easton, Lori A. Reinhold, and Joseph B. Tétrault

    PDF

    Digital Sampling and the Musician, Marybeth Zamer

    PDF

    Digitization and Democracy: The Conflict between the Amazon Kindle License Agreement and the Role of Libraries in a Free Society, Gregory K. Laughlin

    PDF

    Dimensions of Confusion: Recent Supreme Court Decisions on Double Jeopardy, David Hanley

    PDF

    Diplomatic Immunity from Local Jurisdiction, Eugene M. Zoglio

    PDF

    Directed Verdict in Maryland: Less Obvious Applications of a Simple Rule, John A. Lynch Jr.

    PDF

    Direct-to-Consumer Advertising and the Learned Intermediary Doctrine: Unsettling a Settled Question, Paul F. Strain and Christina L. Gaarder

    PDF

    Discipline of Disabled Students, Patrick P. Spicer

    PDF

    Disciplining Judges for Nonofficial Conduct: A Survey and Critique of the Law, Robert J. Martineau

    PDF

    Discovery about Discovery: Does the Attorney-Client Privilege Protect All Attorney-Client Communications Relating to the Preservation of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jeanna Beck, and Conor R. Crowley

    PDF

    Discovery of Defendant's Financial Condition in Cases Claiming Punitive Damages, Robert L. Ferguson and Jodi K. Ebersole

    PDF

    Discussion of Current Industrial Design Law Issues

    PDF

    Discussion Of Industrial Design Protection Practice In Governmental Agencies And Courts

    PDF

    Discussion of International Developments in Industrial Design Law

    PDF

    Discussion of Present United States Design Protection

     

    Divorced from Reality: Rethinking Family Dispute Resolution, Jane C. Murphy and Jana B. Singer

    PDF

    Divorce Tax Law after '84 Reform More Predictable but Still Complex, Wendy G. Gerzog and John A. Lynch Jr.

    Link

    DNA and Patents: Association for Molecular Pathology v. Myriad Genetics, Inc. - Podcast, Gregory Dolin and Christian Corrigan

    PDF

    Does a Green Building Need a Green Lease?, Stuart D. Kaplow

    PDF

    Does the Compensation Clause Burden the Government or Benefit the Owner? The Compensation Clause as Process, Joshua Ulan Galperin

    PDF

    Does the Constitution Apply to the Actions of the United States Anti-Doping Agency?, Dionne L. Koller

    PDF

    Does the Supreme Court's Burlington Northern Decision Require Reconsideration of the Aceto Line of "Arranger" Liability Cases?, Aaron Gershonowitz

    PDF

    Doing Right by Our Kids: A Case Study in the Perils of Making Policy on Television Violence, Patricia M. Wald

    Link

    DOJ Has the Power to Crush Price-Fixers: Column, Douglas H. Ginsburg, Joshua D. Wright, Albert A. Foer, and Robert H. Lande

    PDF

    Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns of Power and Control and Missed Opportunities by the System to Intervene.), Jane C. Murphy

    PDF

    Domestic Violence and Mediation: Responding to the Challenges of Crafting Effective Screens, Jane C. Murphy and Robert Rubinson

    PDF

    Domestic Violence Law Poses Challenges for the Courts, Jane C. Murphy and Judith Wolfer

    PDF

    Domestic Violence - Responding to a National Tragedy, Barbara A. Mikulski

    PDF

    Domestic Violence, Substance Abuse and Child Welfare: The Legal System's Response, Jane C. Murphy and Margaret J. Potthast

    PDF

    Don't Forget Dad: Addressing Women's Poverty by Rethinking Forced and Outdated Child Support Policies, Daniel L. Hatcher

    PDF

    Double Jeopardy: Can Non-Monetary Civil Sanctions Constitute Punishment under the Fifth Amendment?, Robyn Scheina Brown

    Link

    Do Women Judges Matter?, Nienke Grossman

    PDF

    Drug Courier Profiles: An Infringement on Fourth Amendment Rights, Irene Dey

    PDF

    Drug Treatment Courts: Evolution, Evaluation, and Future Directions, Gloria Danziger and Jeffrey Kuhn

    PDF

    Drum Majors for Justice, F. Michael Higginbotham and José F. Anderson

    PDF

    Dubious Patent Reform, Gregory Dolin

    PDF

    Editor's Note: Law and Cinema: Some Introductory Thoughts to a Perspective, Morad Eghbal

    PDF

    Efficient Definition and Communication of Patent Rights: The Importance of Ex Post Delineation, William Hubbard

    PDF

    EMERGENCY!: Send a TV Show to Rescue Paramedic Services!, Paul Bergman

    PDF

    Emerging Issues: Overthrowing the Government: What Boko Haram Means for Women, Kimberly R. Frazier

    PDF

    Emerging Issues: The Underlying Economics of the South China Sea Conflict, Christopher Stock

    PDF

    Employer Liability for Supervisors' Intentional Torts: The Uncertain Scope of the "Alter Ego" Exception, Michael Hayes and Quinn Broverman

    PDF

    Employment Discrimination—the Equal Employment Opportunity Commission and the Deferral Quagmire, Stephen D. Shawe

    PDF

    Empowerment or Estrangement?: Liberal Feminism's Visions of the "Progress" of Muslim Women, Cyra Akila Choudhury

    PDF

    Engaging With The State: The Growing Reliance on Lawyers and Judges to Protect Battered Women, Jane C. Murphy

    PDF

    Environmental Benefits of Tax Reform, Brent Blackwelder

    PDF

    Environmental Class Actions Seeking Damages: The Need for Environmental Class Action Suits, Richard D. Lamm and Steven A.G. Davison

     

    Environmental Rights and Remedies, Victor J. Yannacone Jr., Bernard S. Cohen, and Steven A.G. Davison

    PDF

    EPA's Definition of "Solid Waste" Under Subtitle C of the Resource Conservation and Recovery Act: Is EPA Adequately Protecting Human Health and the Environment While Promoting Recycling?, Steven A.G. Davison

    PDF

    "Ephemeral Data" and the Duty to Preserve Discoverable Electronically Stored Information, Kenneth J. Withers

    PDF

    Eroding the Myth of Discretionary Justice in Family Law: The Child Support Experiment, Jane C. Murphy

    PDF

    Essay: Adoption of a First — to — File Patent System: A Proposal, Peter A. Jackman

    PDF

    Essay: Deciphering Risk: Sex Offender Statutes and Moral Panic in a Risk Society, Bela August Walker

    PDF

    Essay: Referring to Foreign Law in Constitutional Interpretation: An Episode in the Culture Wars, Mark Tushnet

    PDF

    Estate Planning and the Insurance Trust, Lee R. Slosberg

    PDF

    Evidence Issues in Domestic Violence Civil Cases, Jane C. Murphy and Jane H. Aiken

    PDF

    Evolution in Workers' Compensation Rehabilitation: A Comparative Study of Professional Attitudes, Chuck Smolkin, Griscelda Massie, Tish Smith, Carole Stolte, and Karen Van Dyk

    PDF

    Evolution of the Unobviousness Standard: 35 U.S.C. § 103 for Design Patents, Wallace R. Burke

    PDF

    Evolving Contours of Immigration Federalism: The Case of Migrant Children, Elizabeth Keyes

    PDF

    Examining Maryland's Views on Immigrants and Immigration, Elizabeth Keyes

    PDF

    Exclusive Remedy Under Workers' Compensation: An Update on Exceptions to the General Rule, Stephen A. Markey Ill

    PDF

    Exclusivity Without Patents: The New Frontier of FDA Regulation for Genetic Materials, Gregory Dolin

    PDF

    Expansion and Restriction: Competing Pressures on United Kingdom Asylum Policy, Elizabeth Keyes

    PDF

    Extend Criminal Jurisdiction to Juvenile Court!, C. K. Belhasen

    PDF

    Faces of Open Courts and the Civil Right to Counsel, Steven D. Schwinn

    PDF

    Faculty Colloquium on Business Organizations

    PDF

    Fair Cross — Section Challenges in Maryland: An Analysis and Proposal, Richard Seltzer, John M. Copacino, and Diana Roberto Donahoe

    PDF

    Fair Housing Testing: Its Legal Status and Policy Implications, Peter E. Millspaugh

    PDF

    Fair Treatment for Contractors Doing Business with the State of Maryland, Scott A. Livingston

    PDF

    Families Matter: Recommendations to Improve Outcomes for Children and Families in Court, Barbara A. Babb and Gloria Danziger

     

    Family Mediation: Theory and Practice, Jane C. Murphy and Robert Rubinson

     

    Family Mediation: Theory and Practice, Second Edition, Jane C. Murphy and Robert Rubinson

    PDF

    Fashioning an Interdisciplinary Framework for Court Reform in Family Law: A Blueprint to Construct a Unified Family Court, Barbara A. Babb

     

    Federal Agency Action Subject to Section 7(a)(2) of the Endangered Species Act, Steven A.G. Davison

    PDF

    Federal Common Law and the Erie-Byrd Rule, Richard W. Bourne

    PDF

    Federal Firearms Prosecutions: A Primer, Phillip S. Jackson

    PDF

    Federal Income Taxation of U.S. Branches of Foreign Corporations: Separate Entity or Separate Rules?, Fred B. Brown

    PDF

    Federal Jurisdiction over Local Vote Fraud, Craig C. Donsanto

    PDF

    Fee Schedules and Prepaid Legal Services, Charles McC. Mathias Jr.

    PDF

    Fee-Shifting to Promote the Public Interest in Maryland, Maryland Access to Justice Commission

    PDF

    Feminism, Democracy, and the "War on Women", Michele E. Gilman

    PDF

    Feminism in the Global Political Economy: Contradiction and Consensus in Cuba, Deborah M. Weissman

    PDF

    Feminist Legal Theory in the Context of International Conflict, Teresa Godwin Phelps

    PDF

    Feminist Rule of Law Reform and Health Impact of Legal Systems Premised on Women as Communal Gauges of Honor, Tzili Mor

    PDF

    Fighting Poverty With Faith: Reflections on Ten Years of Charitable Choice, Michele E. Gilman

    PDF

    First Do No Harm: Interpreting the Crime of Aggression to Exclude Humanitarian Intervention, Joshua L. Root

    PDF

    First Things First: Rediscovering the States' Bills of Rights, Hans A. Linde

    PDF

    Flawed Coalitions and the Politics of Crime, David Jaros

    PDF

    Foreword, Eric Easton and Amy E. Sloan

    PDF

    Foreword, J. Amy Dillard

    PDF

    Foreword: 2012 Clinical Legal Education Symposium, Leigh Goodmark

    PDF

    Foreword: Judiciary Special Issue, Glenn T. Harrell Jr.

    PDF

    Foreword: Symposium: Advanced Issues in Electronic Discovery: The Impact of the First Year of the Federal Rules and the Adoption of the Maryland Rules, Lynn McLain

    PDF

    Foreword: Symposium: a Right to Counsel in Civil Cases: Civil Gideon in Maryland & Beyond, Leigh Goodmark

    PDF

    Foreword Symposium: Having It Our Way: Women in Maryland's Workplace Circa 2027, Margaret E. Johnson

    PDF

    Foreword: Symposium: LEED-ing the Way: Policy and Legal Issues with Green Building and Design, Steven G. Davison

    PDF

    Foreword: The Death Penalty in Decline: From Colonial America to the Present, John Bessler

    PDF

    Foreword: Traversing 2nd and 3rd Waves: Feminist Legal Theory Moving Forward, Barbara Ann White

    PDF

    "Forfeiture by Wrongdoing" after Crawford v. Washington: Maryland's Approach Best Preserves the Right to Confrontation, Byron L. Warnken

    PDF

    Forfeitures in Narcotics Cases: The Constitution and Recent Amendments to Maryland's Forfeiture Statute, Douglas Clark Hollmann

    PDF

    Forgotten Fathers, Daniel L. Hatcher

    PDF

    For the Practitioner: Bluer Skies in Maryland: An Introduction to the New Maryland Exemptions for Limited and Private Offerings of Securities, Mark A. Sargent and K. Houston Matney

    PDF

    For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth, Jeffrey A. Parness and Zachary Townsend

    PDF

    Forum Faces: Alexander L. Cummings, Victoria Z. Sulerzyski

    PDF

    Forum Faces: Incoming Dean Gilbert Holmes

    PDF

    Forum Faces: Peter G. Angelos

    PDF

    Forum Faces: Professor Jane Murphy

    PDF

    Forum Faces: Robert L. Bogomolny

    PDF

    Forum Faces: The Honorable Clayton Greene, Jr.

    PDF

    Forum Faces: The Honorable Glenn T. Harrell, Jr.

    PDF

    Forum Faces: The Honorable John F. Gossart, Jr.

    PDF

    Forum Faces: The Honorable Martha F. Rasin

    PDF

    Forum Faces: The Honorable Peter B. Krauser

    PDF

    Forum Faces: The Honorable Robert M. Bell

    PDF

    Foster Children Paying for Foster Care, Daniel L. Hatcher

    PDF

    Fostering Uniform Substantive Law and Recovery — The Demise of Punitive Damages in Admiralty and Maritime Personal Injury and Death Claims, Thomas M. DiBiagio

    PDF

    Four Terms of the Kennedy Court: Projecting the Future of Constitutional Doctrine, Kenneth M. Murchison

    PDF

    Fourth Amendment and Statutory Limitations on Entry and Inspection of Commercial Property in Environmental Enforcement, Steven A.G. Davison

    PDF

    Fracturing the Environment?: Exploring Potential Problems Posed by Horizontal Drilling Methods, Kathleen Kerner

    PDF

    Franchise Law Compliance: Before the Logo Hits the Streets, Ronald M. Shapiro and Howard T. Carolan Jr.

    PDF

    Freedom of Association, the Community Party, and the Hollywood Ten: The Forgotten First Amendment Legacy of Charles Hamilton Houston, José F. Anderson

    PDF

    Free Exercise in the Free State: Maryland's Role in the Development of First Amendment Jurisprudence, Kenneth Lasson

    PDF

    Frivolous Filings and the Penalty of Sanctions: The Disparate Impact of Rule 11 Sanctions in the Litigation Process, Alan J. Belsky

    PDF

    From Legislature to Litigation: The Real Medical Malpractice Crisis, Patti G. Zimmerman

    PDF

    From Medals to Morality: Sportive Nationalism and the Problem of Doping in Sports, Dionne L. Koller

    PDF

    From the Law School "Although it is a healthy situation for a legislative body to have a diversified constituency, I am concerned about the steady loss of lawyer membership.", Melvin A. Steinberg

    PDF

    From the Law School "Exceptionally strong academic credentials were presented by students admitted this year", Beverly Falcon

    PDF

    From the Law School: Moot Court Teams

    PDF

    From the SBA

    PDF

    From the SBA Libel and Slander II: A Big Hit, Stanley D. Janor

    PDF

    From the Student Bar Association

    PDF

    From the Student Bar Association

    PDF

    From the Student Bar Association:Reflections And Recommendations On The Teaching Of Professional Responsibility, Judy Goldenberg

    PDF

    From the Student Bar Association:Solidarity Day: Where Were The Lawyers?, Stanly Janor

    PDF

    Frozen in Time: The State Action Doctrine's Application to Amateur Sports, Dionne L. Koller

    PDF

    Funny Money: How Federal Education Funding Hurts Poor and Minority Students, Cassandra Jones Havard

    PDF

    Game of Bombs: President Barack Obama’s Nuclear Nonproliferation Regime, Jeffrey F. Addicott

    PDF

    Garbage, near Misses, and Glass Slippers: The Scope of Admissibility under Maryland's Residual Hearsay Exceptions, Sang W. Oh

    PDF

    General Permits Under Section 404 of the Clean Water Act, Steven A.G. Davison

    Link

    Genetic Resources, Indigenous Peoples and Federal Policy, Gregory Dolin

     

    Genius for Justice: Charles Hamilton Houston and the Reform of American Law, José F. Anderson

    PDF

    Genre, Iconography and British Legal Film, Steve Greenfield, Guy Osborn, and Peter Robson

    PDF

    Getting The Bucks You Need: An Alternative Solution, Richard L. Gershberg

    PDF

    Getting the Lead Out: A Practitioner's View of the New Maryland Lead Laws, Christopher Brown, D. Robert Enten, Lisa Kershner, and Jeanne B. Gardner

     

    Ghosts of Jim Crow: Ending Racism in Post-Racial America, F. Michael Higginbotham

    Link

    Ghosts of Jim Crow Haunt Us Still, F. Michael Higginbotham

    PDF

    Global Warming: An International Crisis, Ellen W. Cohill

    PDF

    Gloria Steinem Keynote Address, Gloria Steinem

    PDF

    "Goin' 'Round in Circles" ... and Letting the Bad Loans Win: When Subprime Lending Fails Borrowers: The Need for Uniform Broker Regulation, Cassandra Jones Havard

    PDF

    Golden Parachute Payments under Proposed Treasury Regulation Section 1.280G-1: Analysis and Recommended Changes, Alvin L. Storrs

    PDF

    Goldilocks, a/k/a Goldy Locks v. State - (A Mythical Appeal With an Equally Mythical Opinion), Richard P. Gilbert

    PDF

    Googling Down the Cost of Low Sanctions, Gregory Dolin

    PDF

    Governmental Immunity in Maryland: A Practitioner's Guide to Making and Defending Tort Claims, Karen J. Kruger

    PDF

    Governmental Liability Under CERCLA, Steven A.G. Davison

    PDF

    Government by Contract and the Structural Constitution, Kimberly N. Wehle

    PDF

    Government Drug Testing in Maryland: The Implications of City of Annapolis v. United Food & Commercial Workers, Local 400, Ellen Zelinski Cohill

    PDF

    Grandparent Visitation and Intact Marriages: An Unresolved Maryland Family Law Issue, Christopher W. Nicholson and Murray O. Singerman

    PDF

    Gross, Reckless, Wanton, and Indifferent: Gross Negligence in Maryland Civil Law, Randolph Stuart Sergent

    PDF

    Guest Editors’ Introduction to Special Issue on Substance Abuse and Addiction in Family Courts, Barbara A. Babb, Gloria Danziger, and Judith D. Moran

    PDF

    Harmonization Through Condemnation: Is New London the Key to World Patent Harmony?, Max Oppenheimer

    PDF

    Has Wright Line Gone Wrong? Why Pretext Can Be Sufficient to Prove Discrimination under the National Labor Relations Act,, Michael Hayes

    PDF

    Health Care Workers with AIDS: Duties, Rights, and Potential Tort Liability, Gary I. Strausberg and Randal D. Getz

    PDF

    Health Claims Arbitration in Maryland: The Experiment Has Failed, James Kevin MacAlister and Alfred L. Scanlan Jr.

    PDF

    Hearsay, Confrontation, and Forfeiture by Wrongdoing: Crawford v. Washington, a Reassessment of the Confrontation Clause, Paul W. Grimm and Jerome E. Deise Jr.

    PDF

    Hearsay in Federal Administrative Adjudications: An Alternative Path to Reliability, Roy D. Brenner

    PDF

    Hearsay in State Administrative Hearings: The Maryland Experience and Suggestions for Change, Arnold Rochvarg

    PDF

    Hell Hath No Fury Like a Fan Scorned: State Regulation of Sports Agents, Phillip J. Closius

    PDF

    Herding Cats: Role Ambiguity, Governance, and Law School Clinical Programs, Binny Miller

    PDF

    Here Comes the Judge! Gender Distortion on TV Reality Court Shows, Taunya Lovell Banks

    Link

    Highmark Inc. v. Allcare Management Systems and Octane Fitness v. Icon Health and Fitness - Post-Argument SCOTUScast, Gregory Dolin

    Link

    High School Football: A Dangerous Game: Too Many Children Are Being Injured Under the Guise of Recreation, Dionne L. Koller

    PDF

    Hints of the Future?: John Roberts, Jr.'s Fourth Amendment Cases as an Appellate Judge, Thomas K. Clancy

    PDF

    Historic Landmark Designation: Protection from Road Construction?, James D. Cameron

    PDF

    Homosexual Rights: The Law in Flux and Conflict, Kenneth Lasson

    PDF

    Homosexuals - Will Sexual Harassment Remedies Ever Be Available To Them?, Susan B. Stern

    PDF

    Hospital Breastfeeding Laws in the U.S.: Paternalism or Empowerment?, Jennifer Bernstein and Lainie Rutkow

    PDF

    Hot Crimes: A Study in Excess, Steven P. Grossman

    PDF

    House Bill 1131: An Enigma, Robert E. Powell and Catherine A. Potthast

    PDF

    How Administrative Law Halted The Death Penalty In Maryland, Arnold Rochvarg

    PDF

    How Do We Deal With All The Bodies? A Review of Recent Cemetery and Human Remains Legal Issues, Ryan M. Seidemann

    PDF

    How High Do Cartels Raise Prices? Implications for Optimal Cartel Fines, John M. Connor and Robert H. Lande

    PDF

    How Judges Judge: Theories on Judicial Decision Making, Timothy J. Capurso

    PDF

    How the Expressive Power of Title IX Dilutes Its Promise, Dionne L. Koller

    PDF

    How the United States Government Sacrifices Athletes' Constitutional Rights in the Pursuit of National Prestige, Dionne L. Koller

    PDF

    How to Find a Job - How to Understand a Chauvinist; or How to Read "The Truth is Important...' by Saul T. Dalg, S. Timmerman Tepel and Saul T. Dalg

    PDF

    How to Improve Design Patent Prosecution Techniques, Bernard Ansher

    PDF

    How to Improve Student Ratings in Legal Writing Courses: Views from the Trenches, Judith D. Fischer

    PDF

    How Uncertainty in the Redrawing Of School Districts Affects Housing Prices, a Case Study: Comparing Neighborhoods in Charlotte, North Carolina and Columbia, Maryland, Kristen Ulan

    PDF

    Hypnosis and the Law, Emmanuel Levin

    PDF

    Hypnosis and the Law, Paul A. Dorf

    PDF

    Hypnosis and the Law Symposium, Robin Goodenough

    PDF

    Hypnosis As A Defense, Lu Clark

    PDF

    Idea Protection and the Copyright Clause: The Problems of Preemption, Laura Anne Moeller

    PDF

    If At First You Don't Succeed, Sign an Executive Order: President Bush and the Expansion of Charitable Choice, Michele E. Gilman

    PDF

    Ignacio Gomez Palacio, With a Note in My Hand (El Pagaro en la Mano), Garrett Epps

    PDF

    "Illegal Motion", Jeffrey Kluger

    PDF

    Impact Fees In Maryland, Paul A. Tiburzi

    PDF

    Impeachment and Rehabilitation under the Maryland Rules of Evidence: An Attorney's Guide, Paul W. Grimm

    PDF

    Important Terms for Inclusion in Confidential Settlement Agreements for Financial Services Companies, Bryan D. Bolton

    PDF

    Impressions on a New Code of Ethics, William I. Weston

    PDF

    Improve the City: Send Your Kids to Its Schools, Jane C. Murphy

    PDF

    Improving Clinical Judgment in Lawyering with Multidisciplinary Knowledge about Brain Function and Human Behavior: What Should Law Students Learn about Human Behavior for Effective Lawyering?, Beryl Blaustone

    Link

    Improving Legislation with the Help of Objective Scientific Advice, Gregory Dolin

     

    Improving Security Through Reducing Employee Rights, Michael Hayes

    PDF

    In a 2002 Supreme Court Decision, Which Shifted Landowner and Government Expectations Regarding Temporary Regulatory Takings, the Court Held That Temporary Construction Moratoria During the Preparation of a Comprehensive Land-Use Plan Do Not Constitute Takings Requiring Compensation. Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), Heather Cobun

    PDF

    Inadequate Training in the Use of Non-Deadly Force as the Next Frontier in Federal Civil Liability: Analysis of the Baltimore City Baton Program, Brian L. DeLeonardo

    PDF

    Incest - Prosecution of the Case, Christine Lederer

    PDF

    Increasing the Awareness of Advance Directives in Maryland, Maria Ellena Carey

    PDF

    Indecent Exposure: Genes Are More Than a Brand Name Label in the DNA Database Debate, Jessica D. Gabel

    PDF

    Independent and Adequate: Maryland's State Exclusionary Rule for Illegally Obtained Evidence, Carrie Leonetti

    PDF

    Index to University of Baltimore Law Review, Volumes 1 ‒ 3

    PDF

    Index to University of Baltimore Law Review, Volumes 1 ‒ 4

    PDF

    Index to University of Baltimore Law Review, Volumes 1 ‒ 5

    PDF

    Index to University of Baltimore Law Review, Volumes 1 ‒ 6

    PDF

    Industrial Design Law and Practice — Introduction to a Symposium, William T. Fryer IlI

    PDF

    Industrial Design Protection and Competition in Automobile Replacement Parts—Back to Monopoly Profits?, James F. Fitzpatrick

    PDF

    Industrial Design Protection in the Automobile Industry, Kenneth Enborg

    PDF

    Industrial Design Protection in the United States of America—Present Situation and Plans for Revision, William T. Fryer III

    PDF

    In Honor: Law Review Faculty Adviser & Professor Emeritus Eugene J. Davidson, John A. Lynch Jr.

    PDF

    Injury as a Matter of Law: Is This the Answer to the Wrongful Life Dilemma?, Alan J. Belsky

    PDF

    “Injustice Anywhere is a Threat to Justice Everywhere” Internal vs. International Armed Conflicts: Should the Distinction be Eliminated?, Laura Chafey

    PDF

    Injustice Casts Shadow on History of State Executions, John Bessler

    Link

    In King's Wake: Forty Years Later, Assessing a Legacy of Goals Achieved and Promises Left Unfulfilled: Racism Less Pervasive, More Complex, F. Michael Higginbotham

    PDF

    Inmate Information Project, Deborah Brumback

    PDF

    In Memoriam: Professor Emeritus Noor Mohammad: 1928-2006, John A. Lynch Jr.

    PDF

    In Memoriam: Professor James S. May: 1934-1993, Joseph C. Reid

    PDF

    In Memoriam - the Honorable Solomon Liss

    PDF

    In Purse-Suit of Liability, Stephanie Melnicove

    PDF

    Insight in Protecting the Charitable Non-Profit Exempt Status, Alfred A. Porro Jr.

    PDF

    Insurer's Duty to Defend in Maryland, Andrew Janquitto

    PDF

    Interest-Free Loans: Recent Developments Provide Tax-Saving Opportunities, Edward A. Johnston and David M. Abramson

    PDF

    Interim Measures in Inter-State Proceedings before the European Court of Human Rights: Ukraine v. Russia, Stefan Kirchner

    PDF

    International Decisions: Territorial and Maritime Dispute (Nicaragua v. Colombia), Nienke Grossman

    PDF

    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

    PDF

    International Solutions to International Insolvency: An Insoluble Problem?, Donna McKenzie

    PDF

    Internet Cookies: When is Permission Consent?, Max Oppenheimer

    PDF

    Interpreting the Fourteenth Amendment: Two Don'ts and Three Dos, Garrett Epps

    PDF

    Interpreting the Occupational Safety and Health Act of 1970: Some Early Principles and Commentaries, Robert D. Moran

    PDF

    Interstate Deposition Statutes: Survey and Analysis, Timothy L. Mullin Jr.

    PDF

    Interview with Barnet D. Skolnik, John M. Crabbs and George Martin Kripner

    PDF

    Interview With Senator Mathias, Steve Kreseski

    PDF

    "In The Matter of A Murdered Person ... " The Qur'an, 2:178, T. W. Lapin

    PDF

    In the Spirit of Ubuntu: Enforcing the Rights of Orphans and Vulnerable Children Affected by HIV/AIDS in South Africa, John Bessler

    PDF

    Introduction to Special Issue on Unified Family Courts, Barbara A. Babb and Gloria Danziger

    PDF

    Introduction to the 2010 Amateur Sports Symposium, Dionne L. Koller

    PDF

    Introductory Note to Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua), International Court of Justice, Judgment of 13 July 2009, Nienke Grossman

    PDF

    Inventing Norms, William Hubbard

    PDF

    In Vento Scribere: The Intersection of Cyberspace and Patent Law, Max Oppenheimer

    PDF

    Investigation of a Criminal Case-- Evaluation of the Process, Cynthia K. Hitt

    PDF

    Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard

    PDF

    Involuntary Servitude: The Current Enforcement of Employee Covenants Not to Compete – A Proposal for Reform, Phillip J. Closius and Henry M. Schaffer

    PDF

    IRS Appeals: Making Your Way Through An Administrative Maze, Amy E. Heit

    PDF

    Is America Finally Ready to Elect a Black President?, F. Michael Higginbotham

    Link

    Is IP Property or Government-Conferred Monopoly?, Gregory Dolin

    PDF

    Israel and the Palestinian State: Reply to Quigley, Daniel Benoliel

    PDF

    Issue Preclusion: The Return of the Multiple Claimant Anomaly, Aaron Gershonowitz

    PDF

    Is the National Flood Insurance Program Really National Land Use in Disguise?, Robert D. Sokolove

    PDF

    Is What We Want What We Need, and Can We Get It in Writing? The Third-Wave of Feminism Hits the Beach of Modern Parentage Presumptions, Carol A. Beier and Larkin E. Walsh

    PDF

    Jane Jacobs Revisited: Do Social Service Organizations Have a Place in Redeveloping Communities?, Ian Hitchcock

    PDF

    Japanese Design Law and Practice, Yoichiro Yamaguchi

    PDF

    J.L.'s Time Bomb Still Ticking: How Navarette's Narrow Holding Failed to Address Important Issues Regarding Anonymous Tips, Andrew B. Kartchner

    PDF

    Judges and Statutory Construction: Judicial Zombism or Contextual Acts?, Theo I. Ogune

    PDF

    Judicial Elimination of Saturday Night Specials: Kelley v. R.G. Industries, Inc., John D. Warfield

    PDF

    Judicial Highlights: Maryland, Arthur M. Frank

    PDF

    Judicial Highlights: Maryland, Arthur M. Frank

    PDF

    Judicial Independence in Family Courts, Barbara A. Babb and Judith D. Moran

    PDF

    Judicial Modification of Sentences in Maryland, Steven P. Grossman and Stephen J. Shapiro

    PDF

    Judicial Review of Health Claims Arbitration Awards: Practice and Pitfalls, Timothy L. Mullin Jr.

    PDF

    Juro-Religious Showdown In Egypt, T. W. Lapin

    PDF

    Justice Delayed Is, Once Again, Justice Denied: The Overdue Right to Counsel in Civil Cases, Debra Gardner

    PDF

    Justice Douglas, the Chesapeake & Ohio Canal, and Maryland Legal History, John A. Lynch Jr.

    PDF

    Justice Scalia for the Defense?, Joanmarie Ilaria Davoli

    PDF

    Justiciable Generalized Grievances, Kimberly N. Wehle

    PDF

    Keynote Address: An Approach to a More Sustainable Architecture, Stefan Behnisch

    PDF

    Keynote Address: E-Discovery beyond the Federal Rules, Richard L. Marcus

    PDF

    Keynote Address: Seeking a Right to Appointed Counsel in Civil Cases in Maryland, Stephen H. Sachs

    PDF

    Keynote Address: Why Are There so Many Injuries to Our Young Athletes? Professionalization and Specialization in Youth Sport, James R. Andrews M.D.

    PDF

    Keynote Speech: A Letter from the Original Cause Lawyer, F. Michael Higginbotham

     

    Kiss of Death: America's Love Affair with the Death Penalty, John Bessler

    PDF

    Lady Liberty Blows out Her Torch: New Immigration Law Is Unforgiving and Far More Restrictive, John F. Gossart Jr.

    PDF

    Land Aesthetics v. Wireless Channel Access: The Case for Local Authority to Regulate the Visible, But Not the Wireless, Interface of Antennas, Douglas Spoerl

    PDF

    Landlord Beware: Private Actions by Tenants under the Maryland Consumer Protection Act, Michele Gilligan

    PDF

    Land Use Regulation: It Just Gets Worse, Michael Lewyn

    PDF

    Law and Sensitivity, Tom Duvall

    PDF

    Law Day Project 1975 Honored, Anthony Gallagher

    PDF

    Law Placement News

    PDF

    Law Review Summaries

    PDF

    Law Review Summaries: Right to Equal Time on the Mass Media

    PDF

    Law School Examinations: Some Helpful Hints, Byron L. Warnken

    PDF

    Law School Faculty Activities-1981

    PDF

    Law Schools Explore Three-Semester Writing Programs, Eric Easton

    PDF

    Lawyer Advertising In Maryland: Will It Work For You?, A. Thomas Krehely Jr.

    PDF

    Lawyering for Social Change: The Power of the Narrative in Domestic Violence Law Reform, Jane C. Murphy

    PDF

    Learning Critical Legal Theory Across the Curriculum: An Innovative Course in Applied Feminism, Michele E. Gilman

    PDF

    Learning More Than Law from Maryland Decisions, Ian Gallacher

    PDF

    Leaving Maryland Workers Behind: A Comparison of State Employee Leave Statutes, Michael Hayes

    PDF

    Lecture: Second Founding: The Story of the Fourteenth Amendment, Garrett Epps

     

    Legacy of Violence: Lynch Mobs and Executions in Minnesota, John Bessler

    PDF

    Legal Accountability in an Era of Privatized Welfare, Michele E. Gilman

    PDF

    Legal Images of Fatherhood: Welfare Reform, Child Support Enforcement, and Fatherless Children, Jane C. Murphy

    PDF

    Legal Images of Motherhood: Conflicting Definitions From Welfare "Reform," Family and Criminal Law, Jane C. Murphy

    PDF

    Legal Implications for Green Buildings within Condominium and Homeowners Association Regimes in Maryland: Striking a Balance between the Promotion of Green Retrofits to Existing Housing Stock and Maintaining Aesthetics by Homeowners Associations and Condominium Associations, Nicole M. Lacoste

    Link

    Legal Issues in Oncofertility, Gregory Dolin

    PDF

    Legal Protection for Victims of Domestic Violence: A Guide for the Treating Physician, Jane C. Murphy

    PDF

    Legal Research as a Fundamental Skill: A Lifeboat for Students and Law Schools, Sarah Valentine

     

    Legal Research & Writing Taught by Supervised Adjuncts, Eric Easton

    PDF

    Legal Services to the Elderly - Revisited, Anthony J. Agnone

    PDF

    Legal Strategies to Address Child Support Obligations for Nonresident Fathers in the Child Welfare System, Daniel L. Hatcher

    PDF

    "Legal Summer Camp": Summer School in England, John M. Crabbs

    PDF

    Legislation: Bank Credit Card Interest Rates in Maryland: How High Can They Go?, Hans Froelicher IV

    PDF

    Legislation: Child Abduction by a Relative: Maryland Enacts a Misdemeanor Offense to Deter Parental Child-Stealing, Allan L. Martin

    PDF

    Legislation: Maryland's Drunk Driving Laws: An Overview, Christopher W. Nicholson

    PDF

    Legislation: Property Disposition upon Divorce in Maryland: An Analysis of the New Statute, Paula Peters

    PDF

    Legislation: Rape and Other Sexual Offense Law Reform in Maryland — 1976-1977, J. William Pitcher

    PDF

    Legislation: The 1977 Maryland Wiretapping and Electronic Surveillance Act, Marianne B. Davis and Laurie R. Bortz

    PDF

    Legislation: The 1978 Maryland Environmental Standing Act, Kim R. Siegert

    PDF

    Legislation: The Maryland Equal Rights Amendment: Eight Years of Application, Peter S. Saucier

    PDF

    Legislative- New Incentive for Secondary Financing?, Lisa Dopkin

    PDF

    Legislative Oppression: Restricting Gestational Surrogacy to Married Couples Is an Attempt to Legislate Morality, Linda S. Anderson

    PDF

    Legislative Summaries: Maryland General Assembly Updates, Julie A. Mallis, Ju Y. Oh, John M. Borelli, Jennifer Merrill, Megan M. Bramble, Brian Casto, Brenda N. Taylor, John A. Carpenter, Bryan C. Hughes, and Purvi Patel

    PDF

    Legislative Summaries: Maryland General Assembly Updates, Erin S. Galvin, Jean McKenzie, Patricia K. Jaron, Kristine Rea, Sarah M. Miller, John D. Gifford, Carlin La Bar, Thomas Sova, Katherine Kiemle, Larna M. Cutter, Kevin Trogdon, Jason L. Levine, Brandy M. Scheydt, Brian Casto, Cendoria Yvonne Dean, Pete Maheridis, Victoria Z. Sulerzyski, and Matthew F. Penater

    PDF

    Legitimacy and International Adjudicative Bodies, Nienke Grossman

    PDF

    Lessons Learned from the 2004 Presidential Election: Testimony of Gilda R. Daniels before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, July 24, 2008, Gilda R. Daniels

    PDF

    Let The Seller Beware: Maryland's Consumer Protection Act, Dennis Paul Zawacki

    PDF

    Let Unions Be Unions: Allowing Grants of Benefits during Representation Campaigns, Michael Hayes

    PDF

    Liability for Medication Errors, David Ginsburg

    PDF

    Liability of the Guarantor of Secured Indebtedness after Default and Repossession under the Uniform Commercial Code: A Walk on the Wild Side by the Secured Party, Rick Sachs and Gloria M. Belgrad

    PDF

    Licensee, Invitee and Trespasser: Archaic Classes?, Ronald Frank Greenbaum

    PDF

    Licensing Health Care Professionals: Has the United States Outlived the Need for Medical Licensure?, Gregory Dolin

    PDF

    Lifting the Floor: Sex, Class, and Education, Naomi Cahn and June Carbone

    PDF

    Limitations on Workers Bringing Third Party Actions under Section 58 of the Workers' Compensation Act, Matthew I. Lynn

    PDF

    Litigating Presidential Signing Statements, Michele E. Gilman

    PDF

    Litigation Involving Protected Designs, B. R. Pravel

    PDF

    Livability, Regional Equity, and Capability: Closing in on Sustainable Land Use, Nancy D. Perkins

    PDF

    Lloyd v. General Motors Corporation: An Unfortunate Detour in Maryland Products Liability Law, Rebecca Korzec

    PDF

    Location, Location, Location: Balancing Crime Fighting Needs and Privacy Rights, Nancy K. Oliver

    PDF

    Longitudinal Patterns of Intimate Partner Violence, Risk, Well-Being, and Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, and Dorothy J. Lennig

    PDF

    Look What They've Done to My Tort, Ma: The Unfortunate Demise of "Abuse of Process" in Maryland, Jeffrey J. Utermohle

    PDF

    Lost Privacy in the Computer Age: Computer Matching Programs Are Turning Uncle Sam into Big Brother, Miriam Lapp Azrael

    PDF

    LRW Program Design: A Manifesto for the Future, Eric Easton

    PDF

    Luogo e Spazio, Place and Space: Gender Quotas and Democracy in Italy, Rachel A. Van Cleave

    PDF

    Mad Dogs and Englishmen: Pierson v. Post - a Ditty Dedicated to Freshman Law Students, Confused on the Merits, Ridgely Schlockverse III

    PDF

    Madness Alone Punishes the Madman: The Search for Moral Dignity in the Court's Competency Doctrine as Applied in Capital Cases, J. Amy Dillard

    PDF

    Madoff Ponzi Scheme Exposes "The Myth of the Sophisticated Investor", Felicia Smith

    PDF

    Mandatory Death Penalty for Attempted Assassination? Interview with the Honorable William F. Goodling, Larry C. Heim

    Link

    Man Fined in Baltimore County Crash that Killed 5-year-old Boy, Gregory Dolin

    PDF

    Marriage and Inevitability: A Lesson from Maryland, William C. Duncan

    PDF

    Maryland and Supreme Court Treaty Interpretation: Paradox and Dilemma, Stuart S. Malawer

    PDF

    Maryland Criminal Pattern Jury Instructions, Byron L. Warnken

    PDF

    Maryland Domicile Rule For Bar Admission Deleted

    PDF

    Maryland Estate Tax: Past, Present, and Future, Edwin G. Fee Jr.

    PDF

    Maryland Health Claims Arbitration System As Viewed By Delegate Joseph E. Owens, Walter R. Tabler, Esq. and Marvin Ellin, Esq., Eileen Ursic

    PDF

    Maryland Inheritance Taxation of Testamentary Options to Purchase, William M. Simmons

    PDF

    Maryland Lawyers Who Helped Shape the Constitution: Father of Freedom - Charles Hamilton Houston, José F. Anderson

    PDF

    Maryland Legislative Summary: House Bill 114: State Government - Electronic Transactions Protection Act, Amy Mezewski

    PDF

    Maryland Legislative Summary: House Bill 114: State Government - Electronic Transactions Protection Act, Amy Mezewski

    PDF

    Maryland Legislative Summary: House Bill 154: Estates & Trusts—Intestate Succession—Abandonment or Failure to Support Minor Child, Marlena J. Reed

    PDF

    Maryland Legislative Summary: Senate Bill 205: Anti-Discrimination Act, Youngju Au

    PDF

    Maryland Legislative Summary: Senate Bill Two—Genetic Information—Non-Discrimination in Employment—Insurance, Ryan Starnpfle

    PDF

    Maryland: Recent / Pending Legislation, John M. Oliveri

    PDF

    Maryland: Recent / Pending Legislation, John M. Oliveri

    PDF

    Maryland: Recent / Pending Legislation, John M. Oliveri

    PDF

    Maryland: Recent / Pending Legislation, Ruth G. Allen

    PDF

    Maryland Repeals the Death Penalty, but Leaves Five on Death Row: What Has the State Learned from Kirk Bloodsworth?, Meredith Lenore Pendergrass

    PDF

    Maryland Rule 5-704(b): Where to Draw the Line for Ultimate Issue Testimony, Lisa Cuozzo

     

    Maryland Rules of Evidence With Objections, Steven P. Grossman, Stephen J. Shapiro, Anthony J. Bocchino, and David A. Sonenshein

    PDF

    Maryland's Constitutional One-Subject Rule: Neither a Dead Letter nor an Undue Restriction, M. Albert Figinski

    PDF

    Maryland's Diminished Long-Arm Jurisdiction in the Wake of Zavian v. Foudy, Jeffrey J. Utermohle

    PDF

    Maryland's Family Divisions: Sensible Justice for Families and Children, Barbara A. Babb

    PDF

    Maryland's Growing Pains: The Need For State Regulation, Philip J. Tierney

    PDF

    Maryland's Outdated Statute Restricting Labor Injunctions, Jeffrey P. Ayres and Kathleen O. Gavin

    PDF

    Maryland's Prompt Criminal Trial Provisions: Hicks and Beyond, Harold Douglas Norton

    PDF

    Maryland's Savings and Loan Crisis of 1985: The Resulting Legislative Reform, Steven I. Batoff

    PDF

    Maryland's Statutory Hearsay Exception for Reliable Statements by Alleged Child Abuse Victims: A Hesitant Step Forward, Lynn McLain

    PDF

    Maryland State Bar Association: Proposed Pattern Jury Charges: Product Liability

    PDF

    Maryland State Bar Exam Under Attack, Louis Curran

    PDF

    Maryland's Workers' Compensation System Out of Control, Martha S. Klima

    PDF

    Maryland Tort Damages: A Form of Sex-Based Discrimination, Rebecca Korzec

    PDF

    Maryland v. Louisiana Compared with Commonwealth Edison v. Montana or How to Tax Energy Production, Nicolette Prevost

    PDF

    Maryland Workmen's Compensation System Revisited, Bernard J. Sevel

    PDF

    Massachusetts Securities Regulation: In Search of the Fulcrum, Stephen M. Honig

    PDF

    Medicaid Eligibility: Planning for the Elderly Client, Cynthia M. Brubaker

    PDF

    Medicaid Fraud

    PDF

    Medical Hope, Legal Pitfalls: Potential Legal Issues in the Emerging Field of Oncofertility, Gregory Dolin, Dorothy E. Roberts, Lina M. Rodriguez, and Teresa K. Woodruff

    PDF

    Medical Savings Accounts: Efficient and Equitable? Is It Too Soon to Tell?, Brian Dent

    Link

    Medtronic, Inc. v. Mirowski Family Ventures, LLC - Post-Decision SCOTUScast, Gregory Dolin

    PDF

    Meeting the Professional Identity Challenge in Legal Education through a Relationship-Centered Experiential Curriculum, Susan L. Brooks

    PDF

    Merger of Law and Equity under the Revised Maryland Rules: Does It Threaten Trial by Jury?, Richard W. Bourne and John A. Lynch Jr.

    PDF

    Mischief with Malice: A Review of Liability for Punitive Damages and the Insured's Right to Indemnity against an Exemplary Award, Mark C. Treanor

    PDF

    'M' Is for the Many Things That 'Mother' Means Family Life Has Changed, but Family Law Hasn't Kept Pace, Jane C. Murphy

    PDF

    Misprision of a Federal Felony: Dangerous Relic or Scourge of Malfeasance?, Royal G. Shannonhouse III

     

    Mobilizing the Press: Defending the First Amendment in the Supreme Court, Eric Easton

    PDF

    Modern Maryland Conflicts: Backing into the Twentieth Century One Hauch at a Time, Richard W. Bourne

    PDF

    Monday Morning Quarterback: Maryland v. Wilson Revisited: For the Petitioner, J. Joseph Curran Jr. and Kathryn Grill Graeff

    PDF

    Monday Morning Quarterback: Maryland v. Wilson Revisited: For the Respondent, Byron L. Warnken

    PDF

    Monday Morning Quarterback: Maryland v. Wilson Revisited: Introduction, Reginald L. Smith

    PDF

    Municipal Securities and State Securities Laws: A New Look, Michael Newman

    PDF

    Murray v. United States: The Court Takes Another Swipe at the Warrant Requirement, Steven P. Grossman

    PDF

    Myths About Women’s Careers in Law, Patricia M. Wald

    PDF

    Neuro-Jurism: "The Advocacy Ailment", Jeffrey S. Kluger

    PDF

    New Alternatives in Divorce Procedure, Lynn K. Caudle

    PDF

    New Balance in the Rights of Creditors and Debtors: The Effect on Maryland Law, Charles M. Tatelbaum

    PDF

    New Diving Board Proves Costly, Thomas G. Ross

    PDF

    New Legislation Needed: Motor Vehicle Inspection Law, Mary Jean Lopardo

    PDF

    New Moot Court Board, Gerald W. Vahle

    PDF

    New Strides In The Intramural Advocacy Program, Anthony J. Agnone

    PDF

    NFL Justice, J. Michael Eakin

    PDF

    Non-Price Competition in “Substitute" Drugs: The FTC's Blind Spot, Gregory Dolin

    Link

    Normative Legitimacy and International Courts, Nienke Grossman

    PDF

    Not at the Behest of Nonlabor Groups: A Revised Prognosis for a Maturing Sports Industry, Phillip J. Closius

    PDF

    Note on Recent Changes in the Federal Income Tax, Jerry Fenzel

    PDF

    Notes: Adloo v. H.T. Brown Real Estate, Inc.: "Caveat Exculpator" — an Exculpatory Clause May Not Be Effective Under Maryland's Heightened Level of Scrutiny, Kevin G. Hroblak

    PDF

    Notes: Admissibility of an out-of-Court Confession: Inability to Make an in-Court Identification of the Defendant as the out-of-Court Confessor, despite Exactness of Names and Other Circumstantial Evidence of Identity, Goes to the Admissibility Rather Than to the Weight of the Confession. Woodson v. State, 325 Md. 251, 600 A.2d 420 (1992), Roberta C. Sinopole

    PDF

    Notes and Comments: A Procedural Guideline for Implementing the Right to Free Public Education for Handicapped Children, Michael D. Steinhardt

    PDF

    Notes and Comments: Covenants of Habitability in Short Term Leases, Samuel B. Dolcimascolo

    PDF

    Notes and Comments: Discrimination on the Basis of Illegitimacy in Maryland's Wrongful Death Statute, Richard S. Haynes

    PDF

    Notes and Comments: Due Process in Automobile Forfeiture Proceedings, Mark N. Lipp

    PDF

    Notes and Comments: Evolving Consumer Safeguards — Increased Producer and Seller Responsibility in the Absence of Strict Liability, Steven I. Greenwald

    PDF

    Notes and Comments: Exclusionary Rule under Attack, Barbara Mello

    PDF

    Notes and Comments: FCC Implementation of the Section 315(a) Exemptions: The Disappearance of the Equal Time Doctrine, Gary R. Greenblatt

    PDF

    Notes and Comments: Federal Income Tax Aspects of Incorporating the Small Business, Susan B. Watson

    PDF

    Notes and Comments: Maryland Laws on Child Abuse and Neglect: History, Analysis and Reform, Barry L. Steelman

    PDF

    Notes and Comments: Presumptions in Civil Cases: Procedural Effects under Maryland Law in State and Federal Forums, J. Clinton Kelly

    PDF

    Notes and Comments: Pretrial Detention in Maryland: The Aftermath of Gerstein v. Pugh, Shelly E. Mintz

    PDF

    Notes and Comments: Reexamination of Maryland Policy Concerning Public Employee Strikes, Joseph L. Persico

    PDF

    Notes and Comments: Remedying Segregated Public Housing in Metropolitan Baltimore, John B. Weld

    PDF

    Notes and Comments: Right to Counsel at Prison Disciplinary Hearings, Mark A. Seff

    PDF

    Notes and Comments: State v. Evans — A Frontal Attack on the Common Law of Murder, Kathleen M. Howard

    PDF

    Notes and Comments: Stock of a Closely Held Corporation in Decedent's Estate—Post-Mortem Considerations, Greg Williams

    PDF

    Notes and Comments: Strict Liability and Possession of Contraband: The Maryland Approach, Ronald R. Jewell

    PDF

    Notes and Comments: The Doctrine of Charitable Immunity—the Persistent Vigil of Outdated Law, Michael L. Wilsman

    PDF

    Notes and Comments: The Maryland Boulevard Rule: A Time for Change, John William Debelius III

    PDF

    Notes and Comments: The Maryland Sheriff v. Modern and Efficient Administration of Justice, Jonathan W. Acton II

    PDF

    Notes and Comments: The New Maryland Rules of Criminal Procedure: Time Table for Lawyers, Eileen C. Sweeney

    PDF

    Notes and Comments: The Reinstatement Rights of Economic Strikers: Laidlaw Five Years After, Michael D. Nossaman

    PDF

    Notes and Comments: The Right to a Speedy Trial in Maryland, George M. Church

    PDF

    Notes and Comments: The Young and Frericks Cases: Re-Examining Traditional Theories of Manufacturer Liability for Product Defects, John A. Currier and Abba David Poliakoff

    PDF

    Notes and Comments: Third Party Beneficiaries of Warranties in Maryland, Allen J. Katz

    PDF

    Notes and Comments: U.P.I.A. In Maryland: Retroactive Application, Richard A. Spirko

    PDF

    Notes: Commercial Law — Consumer Protection Act — Landlord-Tenant — Remedies — Private Action by Tenant under Maryland's Consumer Protection Act Requires Demonstration of Actual Loss or Injury, i.e., Diminution in Rental Value, in Order to Justify Restitutionary Award of Rents Paid for the Lease of Unlicensed Residential Property. CitaraManis v. Hallowell, 328 Md. 142, 613 A.2d 964 (1992), Michael B. MacWilliams

    PDF

    Notes: Conflicts — Insurance — Environmental Law — Limited Ren Voi Exception Will Be Utilized When Lex Loci Contractus Indicates That Foreign Jurisdiction Would Apply Maryland Law to Substantive Issue. American Motorists Insurance Co. v. Artra Group, Inc., 338 Md. 560, 659 A.2d 1295 (1995), Douglas I. Wood

    PDF

    Notes: Constitutional Law — Ex Post Facto — Was Adding the Requirement of Gubernatorial Approval of Parole to the Patuxent Institution's Parole Procedures and Reinstating Original Sentences a Violation of the Prohibition against Ex Post Facto Laws? Gluckstern v. Sutton, 319 Md. 634, 574 A.2d 898, cert. denied, 498 U.S. 950 (1990), Carolyn W. Evans

    PDF

    Notes: Constitutional Law — First Amendment Freedom of Speech — Statute Prohibiting "Loud and Unseemly" Noises Is a Content-Neutral Regulation of Protected Speech. Eanes v. State, 318 Md. 436, 569 A.2d 604 (4-3 decision), cert. denied, 110 S. Ct. 3218 (1990), Richard E. Guida

    PDF

    Notes: Constitutional Law — Maryland's Drug — Free School Zone Statute, Which Increases Penalties for Distribution of Controlled Dangerous Substances within 1000 Feet of School Property, Satisfies Due Process Requirements. Dawson v. State, 329 Md. 275, 619 A.2d 111 (1993), Shara Beth Mervis

    PDF

    Notes: Constitutional Limitations of Civil in Rem Forfeiture and the Double Jeopardy Dilemma: Civil in Rem Forfeiture Constitutes Punishment and Is Subject to Excessive Fines Analysis. Aravanis v. Somerset County, 339 Md. 644, 664 A.2d 888 (1995), Cert. Denied, 116 S. Ct. 916 (1996), Laurel Anne Albin

    PDF

    Notes: Crimes and Punishments — Child Selling — Maryland's Statute Prohibiting the Sale, Barter, or Trade of a Child Is Not Limited to Proscribing for-Profit Adoptions, but Also Covers the Transfer of the Custody of a Child in Exchange for Money. State v. Runkles, 326 Md. 384, 605 A.2d 111 (1992), Randi Alyce Klein

    PDF

    Notes: Criminal Law — Constitutional Law — Maryland's "Son of Sam" Statute Does Not Compel a Criminal Defendant to Turn Over Notoriety of Crimes Contracts to the Attorney General. Curran v. Price, 334 Md. 149, 638 A.2d 93 (1994), Danielle B. Gibbs

    PDF

    Notes: Criminal Law — Evidence — Evidence of Refusal to Submit to Chemical Breath Test for Alcohol Admissible Only When Relevant to Matters Other Than Defendant's Innocence or Guilt. Krauss v. State, 322 Md. 376, 587 A.2d 1102 (1991), Howard S. Cohen

    PDF

    Notes: Criminal Law — the Court of Appeals of Maryland Turns to Statutory Construction to Avoid Constitutional Right-to-Privacy Issue. Schochet v. State, 320 Md. 714, 580 A.2d 176 (1990), Thomas F. McKeon

    PDF

    Notes: Eagan v. Calhoun: A Child May Bring a Wrongful. Death Action against a Parent for the Intentional Killing of the Other Parent, Dena M. Dietrich

    PDF

    Notes: Family Law — Adoption: Do Laws Prohibiting Reimbursement to a Natural Mother for Reasonable Expenses Incurred during Pregnancy Truly Serve the Best Interests of the Child? In re Adoption No. 9979, 323 Md. 39, 591 A.2d 468 (1991), Donald A. Rea

    PDF

    Notes: Family Law — Lying About a Spouse's Adultery to Speed Up a Divorce Does Not Prevent a Suit to Enforce the Spouse's Promise to Pay Support. Schneider v. Schneider, 335 Md. 500, 644 A.2d 510 (1994), Frank J. Mastro

    PDF

    Notes from the Law School

    PDF

    Notes: Grandparent Visitation — The One and Only Standard — Best Interests of the Child. Fairbanks v. Mccarter, 330 Md. 39, 622 a.2d 121 (1993), Jacquelyn E. Avin

    PDF

    Notes: Hutton v. State: Whose Rights Are Paramount, the Defendant's or the Child Victim's?, Lynn M. Marshall

    PDF

    Notes: Insurance Law — Protecting the Public Under Maryland's Compulsory Motor Vehicle Insurance Scheme: The Abrogation of an Insurer's Common — Law Right to Void an Insurance Contract Ab Initio for a Material Misrepresentation in the Policy Application. Van Horn v. Atlantic Mutual Insurance Co., 334 Md. 669, 641, A.2d 195 (1994), Joel P. Williams

    PDF

    Notes: Insurance Law — the Exposure Theory Versus the Manifestation Theory: Which Method Should Courts Use to Determine When Coverage Is Triggered under a Standard Comprehensive Form General Liability Policy? Lloyd E. Mitchell, Inc. v. Maryland Casualty Co., 324 Md. 44, 595 A.2d 469 (1991), Julie Dameron Wright

    PDF

    Notes: Limitations On Who May Adopt: A Natural Mother May Not Adopt Her Own Natural Children Notwithstanding the Consent of the Natural Father and the Children. Green v. Sollenberger, 338 Md. 118, 656 A.2d 773 (1995), Jennifer R. Terrasa

    PDF

    Notes: Lussier v. Maryland Racing Commission: Maryland's Court of Appeals Upholds a Fine Imposed by an Administrative Agency despite a Lack of Specific Authorization to Fine from the General Assembly, Gregory C. Ward

    PDF

    Notes: Malicious Prosecution — False Imprisonment — Punitive Damages — Court Requires Clear and Convincing Evidence of Actual Malice to Support an Award of Punitive Damages in Both Malicious Prosecution and False Imprisonment Actions; False Imprisonment Does Not Lie against an Individual Who Wrongfully Procures The Arrest of Another, Where Arrest Is Made by a Police Officer Executing a Facially Valid Warrant. Montgomery Ward v. Wilson, 339 Md. 701, 664 A.2d 916 (1995), Joseph R. Salko

    PDF

    Notes: Maryland's Child Pornography Statute Holds Photographers Strictly Liable for the Use of under — Age Subjects but Leaves Open the Possibility of the Mistake of Age Defense. Outmezguine v. State, 335 Md. 20, 641 A.2d 870 (1994), Charles L. Simmons Jr.

    PDF

    Notes: Maryland's Common Law Right to Resist Unlawful Arrest: Does It Really Exist?, Kimberly T. Owens

    PDF

    Notes: Negligently Inflicted Emotional Distress Resulting Solely from Property Damage Is Not a Compensable Injury. Dobbins v. Washington Suburban Sanitary Commission, 338 Md. 341, 658 A.2d 675 (1995), Scott A. Mirsky

    PDF

    Notes: Poe v. State: The Court of Appeals of Maryland Limits the Applicability of the Doctrine of Transferred Intent, Daniel J. Curry

    PDF

    Notes: Professional Responsibility — Court Orders Indefinite Suspension Rather Than Disbarment as Sanction for Lawyer Who Misappropriated Client Funds in Escrow Account. Attorney Grievance Commission v. Bakas, 323 Md. 395, 593 A.2d 1087 (1991), Wendy A. Lassen

    PDF

    Notes: Reno v. Aclu: The First Congressional Attempt to Regulate Pornography on the Internet Fails First Amendment Scrutiny, Scott A. Shail

    PDF

    Notes: Right to Die — Court Requires Clear and Convincing Evidence of Persistent Vegetative Patient's Intent to Terminate Life-Sustaining Procedures; Health Care Decisions Act of 1993 Casts New Light on Outcome. Mack v. Mack, 329 Md. 188, 618 A.2d 744 (1993), Thomas J. Brindisi

    PDF

    Notes: Securities Law — Uncollateralized Promissory Notes Are Considered "Securities" to Be Regulated under Federal Securities Laws. Reves v. Ernst & Young, 494 U.S. 56 (1990), Sheryl N. Stephenson

    PDF

    Notes: Sheets v. Brethren Mutual: Maryland's High Court Misconstrues CGL to Cover Excluded Economic Loss Caused by Negligent Misrepresentation, Gregory T. Lawrence

    PDF

    Notes: Sixth Amendment Right to a Speedy Trial — Delay of over Two Years between Initial Arrest and Trial Not Prejudicial to Defendant's Right to a Fair and Speedy Trial. State v. Bailey, 319 Md. 392, 572 A.2d 544, cert. denied, 498 U.S. 841 (1990), Joseph W. Rasnic

    PDF

    Notes: Smallwood v. State: Maryland's High Court Refuses to Permit the Fact Finder to Infer a Specific Intent to Kill from Aids Rape, Tamara Lynn Mabey

    PDF

    Notes: Stemming the Tide: Uniformity in Admiralty Commands No Recovery for Recreational Vessel Losses Under a Marine Products Liability Theory in Maryland Courts Due to the Economic Loss Rule of East River Steamship Corp. v. Transamerlca Delaval, Inc., Michael F. Vitt

    PDF

    Notes: Sullns v. Allstate: Lead Paint and the Growing Ambiguity of the Pollution Exclusion Clause, Kurt C. Schultheis

    PDF

    Notes: The Best Interests of the Child Must Be Considered before Rebutting the Presumption of Legitimacy. Turner v. Whisted, 327 Md. 106, 607 A.2d 935 (1992), David J. Shuster

    PDF

    Notes: The Eighth Amendment Proportionality Requirement: Maryland's Judicial Legislature "Repeals" an Open — Ended Common — Law Sentence. Thomas v. State, 333 Md. 84, 634 A.2d 1 (1993), Gina Subilia Lindekugel

    PDF

    Notes: The Uncertain Status of the Required Evidence Test in Resolving Multiple Punishment Questions in Maryland. Eldridge v. State, 329 Md. 307, 619 a.2d 531 (1993), Robert A. Scott

    PDF

    Notes: Torts — Government Immunity — Police Officer Pursuing Suspect Owes Duty of Care to Third Parties Injured by the Fleeing Suspect; Injured Plaintiff Can Recover from State and Political Subdivisions if Officer Was Negligent in Commencing and Maintaining Pursuit. Boyer v. State, 323 Md. 558, 594 A.2d 121 (1991), Phillip M. Pickus

    PDF

    Notes: Torts — Negligence — Damages — a Right of Recovery Exists for Emotional Distress Injuries Arising from the Fear of Contracting an Infectious Disease, Even When Such Injuries Are Unaccompanied by Physical Impact and the Disease Is Not Contracted. Faya v. Almaraz, 329 Md. 435, 620 A.2d 327 (1993), Laura L. Johnson

    PDF

    Notes: Torts — Negligence — the Fireman's Rule — Public Policy or Premises Liability? The Proper Basis for the Fire Fighter's Rule in Maryland. Southland Corp. v. Griffith, 332 Md. 704, 633 a.2d 84 (1993), Ami C. Dwyer

    PDF

    Notes: Torts — Parent-Child Immunity: Parent-Child Tort Immunity Defense Is Applicable in Wrongful Death and Survival Actions despite the Modern Trend toward Abrogation of the Doctrine. Smith v. Gross, 319 Md. 138, 571 A.2d 1219 (1990), Sallie M. Brinkley

    PDF

    Notes: Torts — Punitive Damages Are Not Recoverable in a Negligence Action Against an Intoxicated Driver Absent a Showing of Actual Malice. Komornik v. Sparks, 331 Md. 720, 629 A.2d 721 (1993), Jill D. Loper

    PDF

    Notes: Torts — Res Ipsa Loquitur Is Inapplicable When a Plaintiff Offers Expert Testimony to Furnish a Complete Explanation of the Specific Cause of an Accident. Dover Elevator Co. v. Swann, 334 Md. 231, 638 A.2d 762 (1994), Jamey B. Johnson

    PDF

    Notes: Torts — Successor Corporations — Defective Products — Can the Law and Policies of Strict Liability Be Reconciled with Corporate Law Policies Which Protect Successor Corporations in Order to Respond Fairly to the Legitimate Interests of the Products Liability Plaintiff? Nissen Corp. v. Miller, 323 Md. 613, 594 A.2d 564 (1991) (4-2 decision), Donna M.D. MacDonald

    PDF

    Notes: Torts — Wrongful Discharge — Maryland Limits the Scope of the Wrongful Discharge Tort Where Statutory Civil Remedies Are Available. Makovi v. Sherwin-Williams Co., 316 Md. 603, 561 A.2d 179 (1989), Daniel S. O'Connor

    PDF

    Notes: When a Contract for the Purchase of Land Is Executed Prior to the Initiation of a Suit Involving the Propertys Title, Lis Pendens May Be Precluded from Affecting the Purchaser's Interest under the Doctrine of Equitable Conversion. Deshields v. Broadwater, 338 Md. 422, 659 A.2d 300 (1995), Christopher J. Marchand

    PDF

    Note: United States v. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton

    PDF

    Not Just One of the Boys: A Post-Feminist Critique of Title IX's Vision for Gender Equity in Sports, Dionne L. Koller

    PDF

    Not Our Mother's Law School?: A Third-Wave Feminist Study of Women's Experiences in Law School, Felice Batlan, Kelly Hradsky, Kristen Jeschke, LaVonne Meyer, and Jill Roberts

    PDF

    Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages, John M. Connor and Robert H. Lande

    PDF

    Nuremberg Trials and International Law, Mary Jean Lopardo

    PDF

    Obama's Second Chance to Make History, José F. Anderson

    PDF

    Objecting to Court Ordered Mediation, Jane C. Murphy

    PDF

    Ocean City Beach Replenishment Conflict, Mark S. Cropper

    PDF

    Office Politics: Hiring and Firing Government Lawyers, Gilda R. Daniels

    PDF

    Of Professional Interest My Son The [Lawyer] Doctor, James R. Bell

    PDF

    Of Secrets and Spies: Strengthening the Public's Right to Know About the CIA, Martin E. Halstuk and Eric Easton

    PDF

    Once through the Wonderland of Logic, and Back Again, Harriet E. Lulie

    PDF

    On the Origins of Islamic Law, T. W. Lapin

    PDF

    "On the Take": The Black Box of Credit Scoring and Mortgage Discrimination, Cassandra Jones Havard

    PDF

    Organized Murder in a Box: Wargaming, Edward Lulie III

    PDF

    "Other Acts" Evidence: Recent Decisions by the Court of Appeals Undermine the Efficacy of Maryland Rule 5-404(b), Lynn McLain

    PDF

    Outsourcing, Data Insourcing, and the Irrelevant Constitution, Kimberly N. Wehle

    PDF

    Outsourcing Democracy: Redefining the Public Private Partnership in Election Administration, Gilda R. Daniels

    PDF

    Parental Responsibility in Maryland for Torts of Minor Children, Robert Lankin

    PDF

    Parent Education Programs: Review of the Literature and Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, and Itta Englander

    PDF

    Parenting by the Clock: The Best-Interest-of-the-Child Standard, Judicial Discretion, and the American Law Institute's "Approximation Rule", Richard A. Warshak

    PDF

    Parity Bargaining in the Public Sector — a Mandatory, Permissive, or Illegal Subject?, Michael G. Gallagher

    Link

    Patent Agreements, Patent Validity, and the Supreme Court - Podcast, Gregory Dolin

    Link

    Patenting Human DNA: The Court's Decision - Podcast, Gregory Dolin

    PDF

    Patents at the Supreme Court: It Could Have Been Worse, Gregory Dolin

    PDF

    Patents, Taxes and the Nuclear Option: Do We Need a “Tax Strategy Patent” Ban?, Max Oppenheimer

    PDF

    Pennsylvania Upholds Parental Rights, Lawrence Dominic

    PDF

    Perfecting Criminal Markets, David Jaros

    Link

    Performance Standards and Measures for Maryland’s Family Divisions, Barbara A. Babb and Jeffrey Kuhn

    PDF

    Personal Liability of Corporate Officials in Ejectment Actions: Evolution of the Tort and the Implications of Metromedia Co. v. WCBM Maryland, Inc., Lawrence S. Greenwald and Charles S. Hirsch

    PDF

    Perspectives on Missouri v. Jenkins: Abandoning the Unfinished Business of Public School Desegregation 'With All Deliberate Speed', José F. Anderson

     

    Peyote vs. the State: Religious Freedom on Trial, Garrett Epps

    PDF

    Physicians with AIDS, Toni-Junell Herbert

    PDF

    Pit Bulls: Maryland's Solesky Case Changes Liability Standard, Susan Rappaport, Kathleen M. Elmore, and Megan O'Connor

    PDF

    Pittman v. Atlantic Realty: Affidavits and the Search for the Genuine Dispute of Material Fact, Gwen B. Tromley

    PDF

    Plains Commerce Bank's Potential Collision with the Expansion of Tribal Court Jurisdiction by Senate Bill 3320, Patience Drake Roggensack

    PDF

    Plaintiffs' Fault in Products Liability Cases: Why Are They Getting Away with It in Maryland?, Gardner M. Duvall

    PDF

    Poetic License, Jeffrey Kluger

    PDF

    Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line before Its Time, John A. Lynch Jr.

    PDF

    Point-Counterpoint: The Workers' Compensation System: A Final Word, Alfred J. Dirska, W. Stanwood Whiting, and Bernard J. Sevel

    PDF

    Police Investigative Procedures and Juveniles, A. David Copperthite

    PDF

    Post-Jones: How District Courts Are Answering the Myriad Questions Raised by the Supreme Court's Decision in United States v. Jones, Jason D. Medinger

    PDF

    Post-Racial Lending?, Cassandra Jones Havard

    PDF

    Poverty and Communitarianism: Toward a Community Based Welfare System, Michele E. Gilman

    PDF

    Poverty Revenue: The Subversion of Fiscal Federalism, Daniel L. Hatcher

    PDF

    Preempting the Police, David Jaros

    PDF

    Preemption of ERISA Pension Plan Exemptions in the Aftermath of Mackey v. Lanier Collections Agency & Service, Inc.: A Glimmer of Light at the End of the Tunnel, David M. Landis and Jon E. Kane

    PDF

    Preservation of Maryland Farmland: A Current Assessment, Craig A. Nielsen

    PDF

    Preserved or Pickled?: The Right to Trial by Jury after the Merger of Law and Equity in Maryland, Charles A. Rees

    PDF

    Presidential Control of the Elite "Non-Agency", Kimberly N. Wehle

    PDF

    Presidents, Preemption, and the States, Michele E. Gilman

    PDF

    "Pressing" out the Wrinkles in Maryland's Shield Law for Journalists, Bruce L. Bortz and Laurie R. Bortz

    PDF

    Preventing Exploitation and Preserving Autonomy: Making Springing Powers of Attorney the Standard, John C. Craft

    PDF

    Price Effects of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., and Robert H. Lande

    PDF

    Prime Time Crime: TV in the Courtroom, Andrew S. Katz

    PDF

    Principles of Maryland Procurement Law, Scott A. Livingston and Lydia B. Hoover

    PDF

    Prior Inconsistent Statements by Witnesses in Maryland, Byron L. Warnken

    PDF

    Pro Bono for the Non-Litigator, Suzanne Kirby Welch and Kevin J. Kelehan

    PDF

    Product Liability in Maryland Revisited, Edward S. Digges Jr.

    PDF

    Product Liability in Maryland: Traditional and Emerging Theories of Recovery and Defense, Edward S. Digges Jr. and John G. Billmyre

    PDF

    Product Liability Law Symposium: Introduction, John C. Eldridge

    PDF

    Product Protection under Current and Proposed Design Laws, William Thompson

    PDF

    Professional Sports and Antitrust Law: The Groundrules of Immunity, Exemption and Liability, Phillip J. Closius

    PDF

    Prohibiting the Solicitation of Abortion—Viewpoint Discrimination and Other Free Speech Problems: Will Free Speech Guarantees Be a Casualty of the Moral Debate on Abortion?, William J. Swift

    PDF

    Proof of a Defect or Defectiveness, Robert E. Powell and M. King Hill Jr.

    PDF

    "Property and Law Are Born and Must Die Together"': The Honorable Dale R. Cathell's Philosophy of Individual Property Rights and the Government in the Court of Appeals and the Court of Special Appeals, 1989-2007, Lynne A. Battaglia

    PDF

    Proportionality in Non-Capital Sentencing: The Supreme Court's Tortured Approach to Cruel and Unusual Punishment, Steven P. Grossman

    PDF

    Proportionality in the Post-Hoc Analysis of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, and Leslie Wharton

    PDF

    Proposal to Reform the Like Kind and Involuntary Conversion Rules in Light of Fundamental Tax Policies: A Simpler, More Rational, and More Unified Approach, Fred B. Brown

    PDF

    Proprietary Protection of Computer Software, James P. Chandler

    PDF

    Prosecuting past Civil Rights Crimes in Maryland, John Maclean

    PDF

    Prosecutorial Immunity: Through The Looking Glass, Max Oppenheimer and Paul Mark Sandler

    PDF

    Protecting Children by Preserving Parenthood, Jane C. Murphy

    PDF

    Protecting Intellectual Property Rights Through Civil Litigation: A Symposium, Eric Easton

    PDF

    Protecting Maryland's Environment: A Holistic Solution, Douglas F. Gansler

    PDF

    Protecting the Family Pet: The New Face of Maryland Domestic Violence Protective Orders, Joshua L. Friedman and Gary C. Norman

    PDF

    Protecting the Right to Vote: Oversight of the Department of Justice's Preparations for the 2008 Election - Statement of Gilda R. Daniels before the Senate Judiciary Committee, September 9, 2008, Gilda R. Daniels

    PDF

    Protection of Industrial Designs in Canada, Robert E. Mitchell

     

    Protective Services: New Hope for the Elderly, Anthony J. Agnone and Jamey Hochberg

    PDF

    Providing Legal Services for the Elderly, Gilbert Wilkes III

    PDF

    Psychological Well-Being: Key Factor in Child Custody, Terri Anne Davis

    PDF

    Public Defense in Baltimore - Are Baltimore's Poor Receiving Adequate Criminal Defense?, Leonard A. Sipes Jr.

    PDF

    Public Importance: Balancing Proprietary Rights and the Right to Know, Eric Easton

    PDF

    Public Land Banking and Mount Laurel II — Can There Be a Symbiotic Relationship?, Cassandra Jones Havard

    PDF

    Punitive Damages in Maryland: Reconciling Federal Law, State Law, and the Pattern Jury Instructions, Stephen J. Shapiro

    PDF

    Punitive Damages in Tort Cases in Maryland, James F. McCadden

    PDF

    Punitive Damages vs. The Death Penalty: In Search of a Unified Approach to Jury Discretion and Due Process of Law, José F. Anderson

    PDF

    Purpose vs. Power: Parens Patriae and Agency Self-Interest, Daniel L. Hatcher

    PDF

    Race and Immigration, Then and Now: How the Shift to "Worthiness" Undermines the 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes

     

    Race Law: Cases, Commentary, and Questions, Fourth Edition, F. Michael Higginbotham

    PDF

    Racially Bias SAT I/ACT Blocks College Access: Is It Constitutional for College Officials to Condition Admission on a Racially Bias Assessment?, Kendra Johnson

    PDF

    Racial Redistricting in a Post-Racial World, Gilda R. Daniels

    PDF

    Rail-to-Trail Conversions: How Communities are Railroading Their Way Out of Recession Towards Healthy Living, James Lilly

    PDF

    Rape: It Only Happens to Others, Leonard A. Sipes Jr.

    PDF

    Reaching the Glass Usury Ceiling: Why State Ceilings and Federal Preemption Force Low-Income Borrowers into Subprime Mortgage Loans, Anne Balcer Norton

    Link

    Reagan’s Court v. the Libertarians (reviewing Unprecedented: The Constitutional Challenge to Obamacare by Josh Blackman; The Roberts Court: The Struggle for the Constitution by Marcia Coyle; The Tough-Luck Constitution and the Assault on Health Care by Andrew Koppleman; and In the Balance: Law and Politics on the Roberts Court by Mark Tushnet), Garrett Epps

    PDF

    Recent Case Law on Maryland's Speedy Trial Rule, Mary Comeau

    PDF

    Recent Changes in the Law Affecting Educational Hearing Procedures for Handicapped Children, Ralph J. Moore Jr. and Leonard Z. Bulman

    PDF

    Recent Decisions: Civil Rights — Title VII — Sex Discrimination — Exclusion of Pregnancy-Related Disabilities from Benefit Eligibility under Employer Disability Plan Does Not Constitute Sex Discrimination Violative of Title VII of 1964 Civil Rights Act. General Electric Co. v. Gilbert, __ U.S. __ , 97 S. Ct. 401 (1976), Donn Weinberg

    PDF

    Recent Decisions: Constitutional Law-Fourteenth Amendment, Equal Protection Clause-Ad Valorem Property Taxation for Public Schools Financing Violates Constitution. Rodriguez v. San Antonio Independent School District, 337 F. Supp. 280 (W.D. Tex. 1971)

    PDF

    Recent Decisions: Criminal Law-Search and Seizure-Seizure of Backyard Drug Cache Held Incident to Arrest in House. Fixel v. State, 256 So. 2d 27 (Fla. 1971)

    PDF

    Recent Decisions: Criminal Law-the Plain View Doctrine in Maryland-Warrantless Search of Premises and Seizure of Evidence Held Unconstitutional. Brown v. State, 15 Md. App. 584, 292 A.2d 762 (1972)

    PDF

    Recent Decisions - State and Federal: Ban on Company Operated Gas Stations Upheld, Robert C. Becker

    PDF

    Recent Decisions - State and Federal: Court Shoots Down Air Force, Thomas G. Ross and Lawrence C. Dominic

    PDF

    Recent Decisions - State and Federal: Coverage of Uninsured Motorist Endorsement, Andrea Gentile

    PDF

    Recent Decisions - State and Federal: D.C. Adopts New Test for Insanity Defense, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: Don't Count Your Tuition before You're Billed, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: Growth of Vicarious Liability Checked, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: Maryland Embraces Emotional Distress, Andrea Gentile

    PDF

    Recent Decisions - State and Federal: Merger Doctrine Examined, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: No Sick Leave for Pregnancy, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: No Talisman Required for Floating Lien, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: Prejudicial Joinder, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: Solicitation Broadened, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: Terry Examined, James F. Kuhn

    PDF

    Recent Decisions - State and Federal: Trounced for an Ounce, John Jeffrey Ross

    PDF

    Recent Decisions - State and Federal: T.V. or Not T.V. - Proof of VaIue for Grand Larceny, John Jeffrey Ross

    PDF

    Recent Decisions: Torts-Liability of a Land Owner to Inadvertent Trespassers in Maryland-Owners of a Watchdog Held Not Liable for Damages to Trespassers. Bramble v. Thompson, 264 Md. 518, 287 A.2d 265 (1972)

    PDF

    Recent Decisions: Torts — Products Liability — Theory of Strict Tort Liability under Restatement (Second) of Torts § 402a Held Applicable in Maryland When Complaint Alleged That Defendant Manufactured and Placed on the Market an Automobile in a Defective Condition Not Reasonably Safe for Its Intended Use. Phipps v. General Motors Corp., 278 Md. 337, 363 A.2d 955 (1976), Gerson B. Mehlman

    PDF

    Recent Development: Allen v. State: DNA Evidence of a Third Party Found at a Crime Scene Must be Confirmed by Additional Testing to Permit Admission at Trial; Extra Testing Requirement Does Not Violate the Sixth Amendment, George Makris

    PDF

    Recent Development: Brooks v. State: Extrinsic Evidence of a Prior Inconsistent Oral Statement Must Be Verbatim Unless Previously Adopted or Ratified by the Declarant; A Witness’ Statement Suggesting Evidence Corroborated a Complainant’s Story May Be Harmless Error if Not Intended to Imply Truthfulness; Separate Charges Must Be Merged for Sentencing if Not Unambiguously Based on Different Acts, Stephanie Lurz

     

    Recent Development: Kulbicki v. State: Failure By Defense Counsel to Discover a Relevant Report and Adequately Cross-examine the State’s Forensic Expert is Prejudicial and Constitutes Ineffective Assistance of Counsel, Allyson Bloom

    PDF

    Recent Development: Raynor v. State: Non-intrusive DNA Testing for the Sole Purpose of Identification is Not a Search Under the Fourth Amendment, Bradley T. Bald

    PDF

    Recent Developments: 3011 Corp. v. District Court: Corporations Charged with a Criminal Offense Have a Right to a Jury Trial, Kenneth A. Brown

    PDF

    Recent Developments: Accrued Financial Services, Inc. v. Prime Retail, Inc.: Schemes of Barratry Violate Strong Public Policy and Are Void and Unenforceable in Maryland, Dawn L. Lyon

    PDF

    Recent Developments: Acuna v. State: Probative Value of Expert Testimony and Evidence of Prior Related Acts Outweighed Any Unfair Prejudice in Child Sex-Abuse Case, Joseph Clark

    PDF

    Recent Developments: Adarand Constructors, Inc. v. Pena: Racial Classifications Developed to Further a Compelling Governmental Interest Must Be Able to Withstand "Strict Scrutiny", Paul J. Wilson

    PDF

    Recent Developments: Adloo v. H.T. Brown Real Estate, Inc.: Liability Release Does Not Serve as Effective Exculpatory Clause for Broker's Own Negligence, Jayci Shaw Duncan

    PDF

    Recent Developments: Administrative Adjudication, an Idea Whose Time Has Come, David H. Hugel Esq.

    PDF

    Recent Developments: Administrative Agency Actions, Amy B. Tate and Melany Joe Ellinger

    PDF

    Recent Developments: ADM Partnership v. Martin: Subjective Belief of Employee That Neglect to Assume Risk Inherent to Job Duties Would Result in Negative Consequences Does Not Constitute a Genuine Dispute Regarding Assumption of Risk, Ruth-Ann E. Lane

    PDF

    Recent Developments: Advance Fin. Co. v. Trustees of Clients' Sec. Trust Fund of Bar of Md.: Non-Client Is Eligible as a Claimant against the Trust Fund if an Attorney Embezzles a Client's Funds Which Were Intended for the Non-Client, Mark L. Miller

    PDF

    Recent Developments: Aetna Casualty & Surety Co. v. Cochran: Extrinsic Evidence May Be Used by Insured to Establish Insurer's Duty to Defend under Liability Policy, Jeffrey A. Friedman

    PDF

    Recent Developments: Agency—Respondeat Superior—Master's Liability for the Intentional Torts of His Servant Committed within the Scope of Employment and in Furtherance of Master's Business. Spence v. Newton, 20 Md. App. 126, 316 A.2d 837 (1974), Barry Genkin

    PDF

    Recent Developments: Ake v. Oklahoma: Psychiatrists in the Court Room, Jennifer Hammond

    PDF

    Recent Developments: Alavez v. Motor Vehicle Admin.: The Maryland Motor Vehicle Administration May Not Issue a Maryland Driver's License to an Individual Whose License to Drive Has Been Revoked or Is Currently Suspended in Another State, Even Though the Revocation or Suspension Is Permanent in the Other State, Sarah Hale

    PDF

    Recent Developments: Alexander & Alexander v. Evander & Assoc., Inc.: Court of Special Appeals Vacates State's Largest Punitive Award, Catherine E. Head

    PDF

    Recent Developments: Allen v. Dackman: Controlling Members of an LLC, or Those with the Ability to Affect Decisions to Property Owned by the LLC, Are "Owners" under the Baltimore City Housing Code and May Be Held Personally Liable for Injuries Resulting from Violations of the Code, Mark Shelton

    PDF

    Recent Developments: Allen v. Ritter: Maryland Estates and Trusts Section 9-111 Permits a Personal Representative Whose Final Account Is Approved by the Orphans' Court to Require Distributees to Sign Releases Prior to Estate Distribution, Sarah Witri

    PDF

    Recent Developments: Allstate Insurance Company v. Atwood: Insurer Bound by Verdict in Tort Action and Could Not Relitigate Same Issues and Obtain an Overriding Declaratory Judgment on Jury's Verdict, Michael T. Wyatt

    PDF

    Recent Developments: ALS Scan, Inc. v. Digital Service Consultants, Inc.: Technology Cannot Eviscerate Constitutional Limits on State Power to Exercise Jurisdiction over a Defendant, Ronald K. Voss

    PDF

    Recent Developments: Alston v. State: Belated Administration of the Oath to the Jury Was Harmless Error; Conspiracy to Commit Second-Degree Murder Based upon Intent to Inflict Grievous Bodily Injury Is Not a Crime in Maryland, Mahesh Subramanian

    PDF

    Recent Developments: American Federation of State, County, and Munidpal Employees v. State of Washington: Ninth Circuit Rejects Comparable Worth, Audrey A. Creighton

    PDF

    Recent Developments: Ametek v. O'Connor: Employer and Insurer Are Entitled to a Credit for the Number of Weeks Benefits Were Paid When a Workers' Compensation Award Is Increased on Judicial Review, Kimberly Lensing

    PDF

    Recent Developments: Anderson House, LLC v. Mayor of Rockville: Comprehensive Zoning Regulations Applied Uniformly and Identically within a Zone Are Valid Even if They Produce Disparate Results, Shantay Clarke

    PDF

    Recent Developments: Anderson v. Bimblich: Recovery of Worker's Compensation Benefits Precludes Recovery in Tort Action, Kenneth S. Savell

    PDF

    Recent Developments: Anderson v. Burson: A Bank Was a Nonholder in Possession of an Unindorsed Mortgage Note and Had Holdership Rights under the "Shelter Rule" When the Homeowner's Concessions Established the Note's Chain of Possession, Jeffrey R. Maylor

    PDF

    Recent Developments: Andresen v. Andresen: Maryland Courts Not Permitted to Redetermine Marital Properly More Than 30 Days Affer Final Divorce Decree, Ellen W. Cohill

    PDF

    Recent Developments: Apostoledes v. State: Murder Retrial Not Barred by Double Jeopardy Where First Trial Resulted in Conspiracy Acquittal and Jury Deadlock, Karl Phillips

    PDF

    Recent Developments: Araiza v. Roskowinski-Droneburg: Denial of Request for Compelled Disclosure of Expert Witness's Financial Records Is Not an Abuse of Trial Court's Discretion When Party Is Given Only Three Days Notice to Comply, Kevin Barth

    PDF

    Recent Developments: Archer v. Archer: Professional Degree Is Not Marital Property, M. Gordon Daniels

    PDF

    Recent Developments: Arey v. State: In a DNA Post-Conviction Proceeding, a Prosecutor Must Diligently Search All Places Where the Evidence Could Reasonably Be Found in Order to Ascertain That the Evidence No Longer Exists, Joseph Lane

    PDF

    Recent Developments: Arizona v. Mauro: Police Actions of Witnessing and Recording a Pre-Detention Meeting Did Not Constitute an Interrogation in Violation of Miranda, Mark Brugh

    PDF

    Recent Developments: Arundel Corp. v. Marie: A Right of First Refusal Is Void under the Traditional Common Law Rule against Perpetuities as Well as the Legislative Modification of That Rule, Emily J. King

    PDF

    Recent Developments: Atkins v. Virginia: Imposing the Death Penalty on Mentally Retarded Offenders Is Cruel and Unusual Punishment Prohibited by the Eighth Amendment, Supriya M. McMillan

    PDF

    Recent Developments: Attorney General Clarifies the Scope of the Term "Correctional Facility" in Maryland Contraband Law, Steven E. Shane

    PDF

    Recent Developments: Attorney Grievance Commission of Maryland v. Culver: Attorney's Sexual Relationship with His Client Violated the Maryland Rules of Professional Conduct, Brian Casto

    PDF

    Recent Developments: Attorney Grievance Commission of Maryland v. Goodman: Intentionally Dishonest Conduct by Attorney Results in Disbarment, Rebecca A. Romig

    PDF

    Recent Developments: Attorney Grievance Commission of Maryland v. Mooney: Indefinite Suspension Is Warranted Where an Attorney Fails to Provide Competent Representation, J. Kristen Moore

    PDF

    Recent Developments: Attorney Grievance Commission v. Gilbert: Attorney Disbarred for Failure to Disclose Material Information on His Bar Application, Robert Feldman

    PDF

    Recent Developments: Attorney Grievance Commission v. Santos: An Attorney May Not Be Disbarred for Failing to Return Unearned Fees, Absent Fraud, Deceit or Misrepresentation, John A. Carpenter

    PDF

    Recent Developments: Attorney Grievance Commission v. Winters: Disbarment Warranted Where Attorney's Criminal Activity Is Not Substantially Related to His Drug Addiction, Jonathan Beiser

    PDF

    Recent Developments: Attorney Grievance Comm'n of Maryland v. Painter: An Attorney Who Commits Repeated Domestic Violence and Has Been Convicted for Similar Conduct Is Subject to Disbarment, Valerie G. Esch

    PDF

    Recent Developments: Attorney Grievance Comm'n of Md. v. Braskey: Disbarment Is Appropriate When an Attorney Collects an Unreasonable Fee Combined with a Course of Unintentional Misrepresentation, Patricia K. Jaron

    PDF

    Recent Developments: Attorney Grievance Comm'n of Md. v. Kinnane: Disbarment of Attorney Based on Rules 1.5(E) and 8.4(B) & (C) of the Maryland Rules of Professional Conduct Held Proper Where Violations Are Established and No Mitigating or Compelling Extenuating Circumstances Exist, Kellie Gombeski

    PDF

    Recent Developments: Attorney Grievance Comm'n v. Drew: Workaholism Rejected as a Mitigating Factor in Attorney Disciplinary Proceedings, Carole N. Roche'

    PDF

    Recent Developments: Attorney Grievance Comm'n v. Joehl: Pattern of Deceit on Bar Application and in Subsequent Disciplinary Proceedings Violates Maryland Rules of Professional Conduct and Warrants Disbarment, Robin Rucker Gaillard

    PDF

    Recent Developments: Attorney Grievance Comm'n v. Kenney: Alcoholism Is a Mitigating Factor in Disciplinary Actions Only When the Attorney Establishes Truly Compelling Circumstances, Michele L. Katz

    PDF

    Recent Developments: Attorney Grievance Comm'n v. Pennington: An Attorney's Reliance on Advice of Counsel Is Not a Defense to a Violation of the Maryland Rules of Professional Conduct, Ian Bartman

    PDF

    Recent Developments: Att'y Grievance Comm'n of Md. v. Midlen: Maryland Attorneys Run the Risk of Having to Serve a Consecutive, Rather Than Concurrent Suspension, When They Fail to Promptly Notify Bar Counsel That They Have Been Suspended in Another Jurisdiction, Daniel Wechsler

    PDF

    Recent Developments: Att'y Griev. Comm'n v. Brisbon: A Suspended Attorney Engaged in the Unauthorized Practice of Law by Providing Legal Services Using the Title "Immigration Consultant," and a Continued Indefinite Suspension Was the Appropriate Sanction, Hayley Tamburello

    PDF

    Recent Developments: Austin v. Thrifty Diversified: Employer's Liability Expanded While Employee on Employer's Premises, Rita Kaufman

    PDF

    Recent Developments: Ayers v. State: Maryland's "Hate Crimes" Statute Held Not to Be Unconstitutional Because Petitioner Lacked Standing to Make a Facial Challenge of the Statute, Andrea S. Holz

    PDF

    Recent Developments: BAA, PLC v. Acacia Mut. Life Ins. Co.: Maryland Does Not Recognize a Fraud Exception to the Statutory Accountant-Client Privilege in Purely Civil Actions, Sarah Jacobs

    PDF

    Recent Developments: Bailey v. State: A Warrantless Search and Seizure Is Not Supported by Probable Cause When an Officer Bases It on the Odor of a Lawful Substance Associated with an Illegal Substance without the Presence of Sufficient Corroborating Factors, Rachel Hirsch

    PDF

    Recent Developments: Bailey v. State: Pre-Trial Disclosure Extended to Non-Maryland Police Officer, Lori S. Simpson

    PDF

    Recent Developments: Bailey v. United States: A Drug Trafficker Must "Actively Employ" a Firearm in Order to Sustain a Conviction under the "Use" Provision of 18 U.S.C.A. Section 924(c)(1)(1984), Kevin M. Barner

    PDF

    Recent Developments: Baker v. General Motors, Corp.: Injunction Granted in One State Barring Employee from Testifying against Former Employer Does Not Bar Testimony in Another State When Given Pursuant to Court Order, Holly A. Whittier

    PDF

    Recent Developments: Ballard v. State: A Defendant's Statement, "You Mind if I Not Say No More and Just Talk to an Attorney about This," Was an Unambiguous and Unequivocal Invocation of the Defendant's Sixth Amendment Right to Counsel, Which Required the Interrogation to Cease and Rendered Inadmissible All Statements Obtained Thereafter, Kayleigh Toth

    PDF

    Recent Developments: Baltimore Science Fiction Society, Inc. v. SDAT: An Organization Not Engaging in Formal or Systematic Instruction Can Qualify as Serving An "Educational Purpose" and May Therefore Be Eligible for Exemption from Property Taxes, Ayodeji O. Badaki

    PDF

    Recent Developments: Baltimore Sun Co. v. Colbert: Courtroom Closure Presumptively Violative of First and Fourteenth Amendments Absent Specific Findings Showing Prejudice Towards Defendant, Bruce D. Hechmer

    PDF

    Recent Developments: Baltimore Sun Co. v. Goetz: Press Has Common Law Right of Access to Affidavit Supporting Search Warrants between Execution of Warrants and Indictment, Richard E. Guida

    PDF

    Recent Developments: Baltimore Sun Co. v. Mayor and City Council of Baltimore: It Is a Violation of the Common Law Principle of Openness When Public Access to Court Proceedings and Records Are Restricted, Christopher Sandman

    PDF

    Recent Developments: Baltimore Sun Co. v. State: Juvenile Court Order Placed Unconstitutional Limits on the Press and Was Vacated as an Abuse of Judicial Power, Andrea Galante

    PDF

    Recent Developments: Banks v. Pusey: A Person Living on His Parent's Property Does Not Create a Presumption of Adverse Use and Will Not Give Rise to a Prescriptive Easement without Clear and Convincing Evidence That He Was Living There and Using the Land without His Parents' Permission, Joel Carter

    PDF

    Recent Developments: Banks v. State: Statements Made by Victim Expressing Fear of Killer Not Admissible to Rebut Evidence of Battered Spouse Syndrome, Heather L. Ashbury

    PDF

    Recent Developments: Barrie School v. Patch: There Is No Duty for a Non-Breaching Party to Mitigate Damages When the Contract Contains a Valid Liquidated Damages Clause, George Perry

    PDF

    Recent Developments: Bates v. Cohn: Once a Foreclosure Sale Occurs, a Debtor May No Longer Raise Defense Claims Including a Lender's Failure to Comply with Loss Mitigation Requirements; Only Procedural Irregularities May Be Raised as Post-Sale Exceptions, Gary Stapleton

    PDF

    Recent Developments: Baynor v. State: Maryland Rule 4-263 Requires the State to Produce Relevant Information Regarding the Acquisition of Statements Made during a Custodial Interrogation That the State Intends to Use at Trial, Anabelle Berges

    PDF

    Recent Developments: Bd. of Educ. of Indep. Sch. Dist. No. 92 of Pottawatomie County v. Earls: Mandatory, Suspicionless Drug Testing of Public School Students Participating in Extracurricular Activities Is a Constitutionally Reasonable Intrusion That Furthers a Public School's Legitimate Interest in Deterring Drug Use, Jennifer Merrill

    PDF

    Recent Developments: Beales v. State: Impeachment by Prior Conviction Permissible Only Where the Trial Court Determines That the Probative Value Outweighs the Danger of Unfair Prejudice, Kelly A. Casper

    PDF

    Recent Developments: Bean v. Dep't of Health & Mental Hygiene: A Committed Person Petitioning for Release from Confinement Is Not Required to Produce Expert Medical Testimony to Meet the Evidentiary Burden, Megan Ellenson

    PDF

    Recent Developments: Beckman v. Boggs: Adoption of a Child with the Consent of a Natural Parent Does Not Terminate the Right of That Parent's Mother or Father to Petition for Visitation with the Child, Mark L. Miller

    PDF

    Recent Developments: Bednar v. Provident Bank of Md., Inc.: A Closing Cost Reimbursement Charge Was an Invalid Prepayment Charge in Connection with an Earlier Home Loan Featuring a Closing Cost Waiver Repayment, Ryan McQuighan

    PDF

    Recent Developments: Bentley v. Carroll: Jury Instructions Stating That Statutory Violations Are Evidence of Negligence Are Permissible, George Mahaffey Jr.

    PDF

    Recent Developments: Berger and Barhight v. Battaglia and Baltimore Police Dep't.: Public Employer and Employee's First Amendment Rights, Malinda S. Siegel

    PDF

    Recent Developments: Bethel School District No. 403 v. Fraser: First Amendment Does Not Prevent School District from Disciplining Student for Giving Offensively Lewd and Indecent Speech, Steven M. Schrier

    PDF

    Recent Developments: Beynon v. Montgomery Cablevision Ltd.: Accident Victim's Estate May Recover Damages for Pre-Impact Fright if a Jury Is Capable of Making an Objective Determination That the Victim Experienced Anguish and Distress before Impending Death, Catherine Bowers

    PDF

    Recent Developments: Beyond Sys., Inc. v. Realtime Gaming Holding Co.: A Maryland Court Cannot Exercise Personal Jurisdiction over an out-of-State Defendant Based Solely on the Existence of Defendant's Internet Website or Link, David Schaffer

    PDF

    Recent Developments: Bishop v. State Farm Mutual Auto Insurance: The Primary Automobile Insurer Is Liable for Personal Injury Protection Benefits to a Passenger despite the Secondary Insurer's Payment of Benefits, Jason W. Hardman

    PDF

    Recent Developments: B & K Rentals and Sales Co. v. Universal Leaf Tobacco Co.: Maryland Abandons Speaking Authority Requirement and "Res Gestae" Approach and Binds Principal by Agent's Statements Pursuant to F.R.E. 801(d)(2)(D), Gloria A. Worch

    PDF

    Recent Developments: Blaine v. Blaine: Indefinite Alimony May Be Awarded Pursuant to an Extension of Rehabilitative Alimony, Karen Tossey-Ardis

    PDF

    Recent Developments: Blue v. Prince George's Cnty.: The Supervisory Employee Exception to the Handgun Law Is Limited to the Enclosed Premises of the Business in Which the Employee Works, Brittaney Fabiano

    PDF

    Recent Developments: B.N. v. K.K.: Fraud, Intentional Infliction of Emotional Distress, and Negligence Applicable When Resulting from Sexual Transmissions of Dangerous, Contagious and Incurable Disease, Jonathan S. Beiser

    PDF

    Recent Developments: Board of County Comm'rs v. Vache: Employer's Liability for Injuries Sustained Coming from or Going to Work Does Not Extend to Hazards Posed to the General Public, Anne Bodnar

    PDF

    Recent Developments: Board of Directors of Rotary International v. Rotary Club of Duarte: Exclusivity of All Male Membership in Private Club Destroyed by California Statute, Gloria S. Wilson

    PDF

    Recent Developments: Board of Education of the Westside Community Schools v. Mergens: Equal Access Act Allowing a High School Student Religious Group to Meet on School Premises during Noninstructional Time Does Not Violate the Establishment Clause, Scot D. Morrell

    PDF

    Recent Developments: Board of Education v. Browning: An Equitably Adopted Child May Not Inherit by Intestate Successsion from the Sibling of the Equitably Adoptive Parent, Debra Johnson Singleton

    PDF

    Recent Developments: Board of Educ. of Kiryas Joel Village v. Grumet: Statute Creating School District Designed to Benefit a Religious Group Violates the Establishment Clause, David A. Prichard

    PDF

    Recent Developments: Board of Liquor License Commissioners for Baltimore City v. Fells Point Cafe, Inc.: Liquor Board May Not Impose Additional Restrictions on Licensee as Sanctions for Violations, John B. Bratt

    PDF

    Recent Developments: Board of Oklahoma City v. Dowell: Federal Court Supervision of Previously Segregated Schools May Be Terminated if Substantial Compliance with Desegregation Objectives Has Been Attained, Robert D. Cole Jr.

    PDF

    Recent Developments: Bomas v. State: Expert Testimony on Eyewitness Identification Is Admissible if the Expert Offers Real Appreciable Help to the Trier of Fact, Michael Tanner

    PDF

    Recent Developments: Booth v. Maryland: Victim Impact Statements Inadmissable at Sentencing Hearing in Capital Murder Case, Natasha Sethi

    PDF

    Recent Developments: Boswell v. Boswell: Parent's Visitation Shall Not Be Restricted Solely Due to a Relationship with a Non-Marital Partner, Richard Dirk Selland

    PDF

    Recent Developments: Bray v. Alexandria Women's Health Clinic: Blocking Access To Abortion Clinics Is Not Violative Of The Civil Rights Conspiracy Statute, John M. Oliveri

    PDF

    Recent Developments: Briggs v. State: Conviction for Unauthorized Access to Computers Cannot Stand Where Defendant Misused Employer's Computers, but Was Authorized to Use Them in Connection with Employment Duties, William H. Jones

    PDF

    Recent Developments: Brooks v. Housing Authority of Baltimore City: The Housing Authorities Statute Effectuates a Complete Waiver of Governmental Immunity for the Tortious Actions of Housing Authorities in Their Maintenance and Operation, Heather Pensyl

    PDF

    Recent Developments: Brooks v. Lewin Realty III, Inc.: A Prima Facie Case in a Negligence Action Involving Lead Paint Violations May Be Established without Notice to the Landlord, Sarah M. Miller

    PDF

    Recent Developments: Brown v. Dermer: Lead Paint Plaintiffs Need Only Show Landlord Had Reason to Know of Chipping Paint, Todd R. Chason

    PDF

    Recent Developments: Brown v. State: Spousal Privilege Allows for the Confidentiality of Marital Communications by Bestowing a Privilege, Waivable upon the Spouse Making the Communication, Christopher M. Mason

    PDF

    Recent Developments: Bryan v. State Roads Comm'n: Six Person Juries Are Sufficient for Condemnation Damages Proceedings under the Maryland Constitution, Meredith Stein

    PDF

    Recent Developments: Buchanan v. Angelone: Instructions on Mitigating Evidence in Capital Sentencing Process Not Required under U.S. Constitution, Natasha Wrae

    PDF

    Recent Developments: Burris v. State: Expert Witness Testimony Concerning a Defendant's Gang Affiliation Must Create a Nexus between the Crime and Gang Membership and Any Prejudicial Effect of the Testimony Must Not Substantially Outweigh the Probative Value, James M. Darrah

    PDF

    Recent Developments: Burson v. Freeman: Statute Prohibiting the Display and Distribution of Campaign Materials within 100 Feet of a Polling Place Does Not Violate the First and Fourteenth Amendments, Julie Buchwald

    PDF

    Recent Developments: Bush v. Vera: Subordination of Traditional Districting Principles to Achieve Minority Representation Is Violative of the Fourteenth Amendment, Paul J. Wilson

    PDF

    Recent Developments: Butler v. State: Collateral Estoppel Does Not Preclude State from Retrying Defendant on Counts upon Which Jury Deadlocked at Defendant's Former Trial, Kimberly C. Foreman

    PDF

    Recent Developments: California Federal Savings & Loan Ass'n. v. Guerra, Director, Department of Fair Employment and Housing: State Mandated Benefits for Pregnant Employees Held Not Discrimination under Title Vll, Barbara E. Wixon

    PDF

    Recent Developments: California v. Acevedo: Fourth Amendment Authorizes Warrantless Search of Container within Automobile Where Probable Cause to Search Exists Only to the Container but Not to the Automobile Itself, Kim-Haylee Loewenstein Band

    PDF

    Recent Developments: California v. Carney: A Man's Mobile Home Is Not His Castle, Edward B. Lattner

    PDF

    Recent Developments: California v. Greenwood: Warrant Not Needed for Search and Seizure of Garbage Left for Collection on Public Street, Gloria S. Wilson

    PDF

    Recent Developments: California v. Hodari D.: For Purposes of Fourth Amendment, No Seizure Occurred by Mere Showing of Police Authority without Submission by the Suspect, Elizabeth Lee

    PDF

    Recent Developments: Campbell v. Allstate Ins. Co.: An Insurer May Be Liable for an Insured's Personal Excess Counsel if It Does Not in Good Faith Settle a Claim within Policy Limits Prior to Trial, Debra Johnson Singleton

    PDF

    Recent Developments: Campbell v. Montgomery County Bd. of Educ.: Female Minor Does Not Assume Risk of Sexual Assault When Impermissibly Entering Boys' Locker Room, Stephanie A. Babb

    PDF

    Recent Developments: Carolina Freight Carriers Corp. v. Keane: Where Child Has Not Reached His Twenty-Second Birthday Wrongful Death Recovery Available to Parents, Natasha Sethi

    PDF

    Recent Developments: Carpenter Realty v. Imbesi: Judgment Creditor Is Not Entitled to Post-Judgment Interest from Date of an Original Judgment That Was Reversed on Appeal, Brenda N. Taylor

    PDF

    Recent Developments: Carroll v. State: Police May Make Warrantless Entries into Homes to Investigate Burglaries under the Exigent Circumstances Exception to the Warrant Requirement of the Fourth Amendment, Kimberley S. Wright Jones

    PDF

    Recent Developments: Carter v. State: To Overcome a Defendant's Sixth Amendment Right to a Public Trial, the Court Must Provide a Compelling Interest Evidenced by Case-Specific Reasons, Akia Fox

    PDF

    Recent Developments: Cartnail v. State: A Police Officer Was Not Justified, under Reasonable Suspicion Standard, in Conducting an Investigative Traffic Seizure of Defendant Who Had Not Committed a Motor Violation, Sona Morrison

    PDF

    Recent Developments: Case Comment: Pouncey v. State--Guilty and Insane, James Poulos

    PDF

    Recent Developments: Case Note: Sexual Harassment In Employment-Violation of Anti-Discrimination Laws Even with No Victim Loss of Job Benefits. Bundy v. Jackson, No. 79-1693, (D.C. Circuit, Jan. 12, 1981)., Linda Lee Panlilio

    PDF

    Recent Developments: Casey v. Mayor and City Council of Rockville: A Governmental Action to Classify a Property as Historic under Article 66B of the Maryland Code Does Not Require Consideration of the Resulting Economic Impact the Changed Classification Will Have on the Property Owner, Chad Shue

    PDF

    Recent Developments: Casey v. Planned Parenthood: Supreme Court Holds That States May Enact Measures Which Persuade Women to Choose Childbirth over Abortion, Sue Lawless

    PDF

    Recent Developments: Caterpillar, Inc. v. Lewis: Proper Federal Court Jurisdiction at Time of Judgment Cures an Earlier Erroneous Denial of Motion to Remand an Improperly Removed Case, Donna L. Lyons

    PDF

    Recent Developments: Chase v. State: Leon "Good Faith" Exception To The Exclusionary Rule Extended To Probation Revocation Proceedings., Christopher Hale

    PDF

    Recent Developments: Cheney v. Bell Nat'l Life: Widow Denied Recovery on Accidental Death Policy When Husband Died from Aids Contaminated Transfusion, Eugenia Reed Oshrine

    PDF

    Recent Developments: Chesapeake Amusements v. Riddle: A Dispensing Slot Machine with Player Enhancement Features That Signal When a Winning Ticket Is Being Dispensed Does Not Violate Maryland's Statutory Provision Prohibiting Illegal Slot Machines, Adam Kleinfeldt

    PDF

    Recent Developments: Chesson v. Montgomery Mut. Ins. Co.: Expert Testimony Based on Novel Scientific Methodology Failed to Meet the Frye-Reed Threshold for General Acceptance Because of a Fundamental Divergence of Opinion in the Scientific Community about the Validity of the Methodology and Flaws in the Underlying Analysis, Brett H. Philpotts

    PDF

    Recent Developments: Chisom v. Roemer: Judicial Elections Covered within Meaning of "Representatives" in Voters' Rights Act, Daryl D. Jones

    PDF

    Recent Developments: Christian v. State: The Mitigation Defenses of Hot-Blooded Response to Adequate Provocation and Imperfect Self-Defense Can Apply to Mitigate First-Degree Assault Charges, Jason Heller

    PDF

    Recent Developments: Cipollone v. Liggett Group, Inc.: Federal Cigarette Labeling Laws Do Not Preempt Certain State and Common Law Actions, Ellen Ann Marth

    PDF

    Recent Developments: Citizens Bank of Md. v. Strumpf: A Creditor Bank May Temporarily Freeze a Bankrupt Debtor's Checking Account without Violating an Automatic Stay, Mark L. Renbaum

    PDF

    Recent Developments: City of Annapolis v. United Food & Commercial Workers, Local 400: Drug Testing of City Police and Fire Fighters Was Not an Unconstitutional Search and Seizure When Conducted during a Regularly-Scheduled Physical Examination, Ellen W. Cohill

    PDF

    Recent Developments: City of Cleburne, Texas v. Cleburne Living Center, Inc.: The Court Rejects Mental Retardation as a Suspect Class, John D. Warfield

    PDF

    Recent Developments: City of Frederick v. Shankle: Expert Testimony Denying a Statutory Presumption Is Inadmissible, Derek Roussillon

    PDF

    Recent Developments: City of Ladue v. Gilleo: Ordinance Banning Homeowner's Residential Sign Containing a Personal Political Message Violates the First Amendment, Andrea S. Holz

    PDF

    Recent Developments: Clancy v. King: A Fiduciary, despite Adverse Repercussions to the Partnership's Interests, May in Good Faith Enforce a Validly Obtained Legal Right against His or Her Partnership, Joseph Maher

    PDF

    Recent Developments: Clendenin Bros., Inc. v. U.S. Fire Ins. Co.: Total Pollution Exclusion Provisions in Commercial Liability Insurance Policies Do Not Relieve the Insurer from Its Duty to Defend the Insured Where the Alleged Harm Was Caused by Workplace Manganese Fumes, Jennifer Birckhead

    PDF

    Recent Developments: C & M Builders, LLC v. Strub: A Duty of Care under the Multi-Employer Workplace Doctrine Did Not Extend Liability to a Subcontractor That Created a Hazard but Exercised No Control over the Worksite at the Time of the Accident; Assumption of Risk Was Established as a Matter of Law and Motion for Judgment Was Improperly Denied, Shannon Laymon-Pecoraro

    PDF

    Recent Developments: Coalition for Open Doors v. Annapolis Lodge No. 622: Alcoholic Beverage Licensing for Private Clubs with Discriminatory Membership Policies Will Be Denied and Post-Judgment Intervention Will Be Permitted When the Government Fails to Appeal an Unfavorable Judgment, Kimberley S. Wright Jones

    PDF

    Recent Developments: Coates v. Southern Maryland Electric Cooperative, Inc.: Utility Pole Owners Have a Duty to Refrain from Creating Unreasonable Risks to Roadway Travelers, Brent Bolea

    PDF

    Recent Developments: Cobey v. State: Chromosome Variant Analysis Inadmissible to Match Alleged Rapist to Victim's Aborted Fetus, Deborah Dykstra

    PDF

    Recent Developments: Cohen v. Cowles Media Co.: First Amendment Does Not Prohibit an Informant from Recovering Damages under State's Promissory Estoppel Law for Newspaper's Breach of Promise of Confidentiality, Jason Shapiro

    PDF

    Recent Developments: Coleman v. Soccer Ass'n of Columbia: The Doctrine of Contributory Negligence Will Remain the Standard in Maryland for Negligence Cases Unless the Legislature Takes Action Otherwise, Katelyn Vu

    PDF

    Recent Developments: Colorado v. Bertine: Automobile Inventory Exception to the Fourth Amendment Warrant Rule, William J. Morrison

    PDF

    Recent Developments: Colorado v. Spring: Defendant Need Not Know Contents of Questioning to Effect a Valid Miranda Waiver, Joseph M. Giannullo

    PDF

    Recent Developments: Commerce—City Ordinance Requiring a Deposit on All Soft Drink and Beer Containers Is Not an Unconstitutional Burden on Interstate Commerce. Bowie Inn, Inc. v. City of Bowie, 274 Md. 230, 335 A.2d 679 (1975), Michael L. Ross

    PDF

    Recent Developments: Commissioner v. Lundy: Tax Court Lacks Jurisdiction to Award Refund of Taxes Paid More Than Two Years Prior to Mailing of Notice of Deficiency to Delinquent Taxpayer, Gabriel A. Terrasa

    PDF

    Recent Developments: Commissioner v. Schleier: Monetary Awards Resulting from Claims of Discrimination under the Age Discrimination in Employment Act of 1967 ("Adea") Are Not Excludable from Gross Income for Purposes of Income Taxation, Carole N. Roche'

    PDF

    Recent Developments: Comptroller of the Treasury Income Tax Division v. American Satellite Corporation: Out-of-State Losses Suffered by Multi-State Corporation May Be Used to Offset in-State Capital Gains for Tax Purposes, Richard M. Goldberg

    PDF

    Recent Developments: Comptroller of the Treasury v. SAIC: The Comptroller Must Pay Interest on a Tax Refund Where the Tax Refund Resulted from the State's Error, Elizabeth Cowan

    PDF

    Recent Developments: Computer Software Copyrightability, Sylvia Halkousis

    PDF

    Recent Developments: Constitutional Law—Equal Protection Clause—Sunday Blue Laws Held Constitutional. Giant of Maryland v. State's Attorney for Prince George's County, _ Md. _, 298 A. 2d 427 (1973), Steven H. Oram

    PDF

    Recent Developments: Cook v. Grierson: Pursuant to the Maryland Slayer Rule, Grandchildren Have no Right to Inherit from their Grandfather's Intestate Estate when Death is a Result of an Act of Patricide by the Children's Father, Jigita A. Patel

    PDF

    Recent Developments: Cooter & Gell v. Hartmarx Corporation: Voluntary Dismissal of Frivolous Lawsuit Will Not Protect Plaintiff from Imposition of Rule 11 Sanctions, Laura Campbell

    PDF

    Recent Developments: Copyright—Extensive Photoduplication of Copyrighted Scientific Journals by Libraries Does Not Constitute Copyright Infringement. Williams & Wilkins Co. v. United States, 487 F.2d 1345 (1973), Judith D. O'Neill

    PDF

    Recent Developments: County of Sacramento v. Lewis: A Suspect's Substantive Due Process Right Is Not Violated When Police Action, Aimed at Apprehending a Suspected Offender, with No Intent to Harm or Legally Worsen Suspect's Situation, Causes Death, Bryon S. Bereano

    PDF

    Recent Developments: County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation: The Indian General Allotment Act Permits Counties to Impose Ad Valorem Taxes but Not Excise Taxes on Patented Land Owned by Tribes and Tribe Members, Carolyn M. Brennan

    PDF

    Recent Developments: Coy v. Iowa: Placing Screen between Defendant and Witness in Criminal Trial Vioiates the Right to Face-to-Face Confrontation, Richard M. Goldberg

    PDF

    Recent Developments: Craig v. State: Sixth Amendment Right of Confrontation Is Not Absolute in Child Abuse Cases, George I. Cintron

    PDF

    Recent Developments: Craig v. State: The Court of Appeals Redefines When an Abused Child Is Considered Sufficiently Unavailable to Testify and Allows for the Taking of Testimony by Closed-Circuit Television, Andrew S. Kasmer

    PDF

    Recent Developments: Crane v. Scribner: Statutory Cap on Non-Damages Does Not Apply When Plaintiff's Last Asbestos Exposure Was before Statute's Effective Date, Farrah L. Arnold

    PDF

    Recent Developments: Crawley v. General Motors: Dispensing with Disability in Occupational Deafness Claims, Randolph C. Baker

    PDF

    Recent Developments: Criminal Law—Judicial Affirmance of the Validity of the Year and a Day Rule in Maryland. State v. Brown, 21 Md. App. 91, 318 A.2d 257 (1974), Lucy A. Loux

    PDF

    Recent Developments: Criminal Law—Search and Seizure—Automobile Search on Police Lot Held Valid Due Exigent Circumstances. Skinner v. State, 16 Md. App. 116, 293 A.2d 828 (1972), Frederick S. Lipton

    PDF

    Recent Developments: Criminal Law—Search and Seizure—Information from Unnamed Informant Held to Be Reliable without Any Demonstration of the Informant's Inherent Credibility. Thompson v. State, 16 Md. App. 560, 298 A.2d 458 (1973), Steven Aaron Allen

    PDF

    Recent Developments: Criminal Law—the Application of the Federal Probation Act to the Corporate Entity. United States v. Atlantic Richfield, 465 F.2d 58 (1972), Rignal W. Baldwin

    PDF

    Recent Developments: Criminal Procedure Maryland Rule 782 (C) May Not Be Used by Prosecution as a Plea Bargain Substitute - State v. Limbo, an Imaginary Opinion by the Court of Appeals of Maryland, Harold D. Norton

    PDF

    Recent Developments: Crosby v. United States: Criminal Trial May Not Proceed if Defendant Is Not Present at Commencement of Trial, Maria Ellena Carey

    PDF

    Recent Developments: Cruzan v. Missouri Department of Health: Missouri May Require Clear and Convincing Evidence of a Patient's Wishes to Discontinue Food and Water, Lesley A. Davis

    PDF

    Recent Developments: C.S. v. Prince George's County Department of Social Services: Court of Appeals Clarifies Procedural Mechanisms for Those Who Have Been Accused of Child Abuse or Neglect, Beverly I. Heydon

    PDF

    Recent Developments: Cuffley v. State: Ambiguities Arising from the Interpretation of the Sentencing Terms of a Plea Agreement Must Be Resolved Solely Based on the Trial Court Record, with No Reference to Extrinsic Evidence, under Maryland Rule 4-243, J. Burke Miller

    PDF

    Recent Developments: Curry v. Hillcrest Clinic, Inc.: Court of Appeals Reaffirmed Maryland's Acceptance of the "Frow Doctrine" - Defaulting Co-Defendants Inure to the Benefit of Judgments in Favor of Nondefaulting Co-Defendants, Paul J. Cucuzzella

    PDF

    Recent Developments: Dade County School Board v. Polite: Florida Accepts the Premises Exception to the Going and Coming Rule for Workers' Compensation Benefits, Robert Lorenzo Kline III

    PDF

    Recent Developments: Darby v. Cisneros: Courts Are Not Free to Require Exhaustion of Administrative Remedies before Seeking Judicial Review if It Is Not Mandated by Either the Enabling Statute or Agency Rules, Laura J. Mann

    PDF

    Recent Developments: Daubert v. Merrell Dow Pharmaceuticals, Inc.: Reliability of Testimony Rather Than General Acceptance Provides the Standard for the Admissibility of Scientific Evidence in Federal Trials, Sandra G. Pike

    PDF

    Recent Developments: Davis v. Slater: Maryland Statutory Law Does Not Divest Parties in Civil Cases of Their Common Law Entitlement to Jury Trial Where the Amount in Controversy Fails to Exceed Ten Thousand Dollars, Nathaniel Kenneth Risch

    PDF

    Recent Developments: Davis v. State: Pretrial Silence Is Relevant to the Impeachment of an Alibi Witness's Testimony at Trial, Lisa Segerdahl

    PDF

    Recent Developments: Dawson v. Delaware: Evidence of Defendant's Racist Associations or Beliefs Not Admissible in Capital Sentencing Proceeding Unless Relevant to the Issues Addressed in the Underlying Conviction, David E. Canter

    PDF

    Recent Developments: Dawson v. State: Enforcement of State's Drug-Free School Zone Statute during Non-School Hours Held Constitutional, Kimberly A. Kelly

    PDF

    Recent Developments: DeBartolo Corp. v. Fla. Gulf Coast Trades Council: Supreme Court Clarifies the Proviso to §8(6)(4) Which Allows Unions to Conduct Informational Activity, Andrea White Steele

    PDF

    Recent Developments: Dedo v. State: Pre-Sentence Time Spent in Home Detention May Be Credited against Sentence Imposed, Steve Luxton

    PDF

    Recent Developments: Degren v. State: Failure to Prevent the Sexual Abuse of a Child, When It Is Reasonably Possible to Act, Qualifies as Sexual Abuse under Maryland's Child Abuse Statute, Sean E. Kreiger

    PDF

    Recent Developments: Dehn v. Edgecombe: Absent the Doctor-Patient Relationship, a Patient's Spouse Does Not Possess an Independent Medical Malpractice Cause of Action, Mark Patrick Johnson

    PDF

    Recent Developments: Della Ratta v. Dyas: Jurisdictional Issues Relating to the Principal Office Clause of the Maryland Corporations and Associations Article Are Avoided When, after a Hearing for Judgment on Other Issues, a Case Is Transferred to the Appropriate Jurisdiction Prior to Entry of a Judgment on Dissolution, Shannon Laymon-Pecoraro

    PDF

    Recent Developments: Denicolis v. State: Failure to Notify Defendant and Counsel of Jury Note Requesting Clarification of Definition of Solicitation Is a Violation of Maryland Rule 4-326(c), Victoria Z. Sulerzyski

    PDF

    Recent Developments: Department of Natural Resources v. Welsh: Sovereign Immunity Did Not Bar Action to Quiet Title, Rex S. Caldwell III

    PDF

    Recent Developments: Derricott v. State: Maryland Declares Reasonable Suspicion for a Lawful "Stop and Frisk" Requires More Than Matching Characteristics of a Drug Courier Profile, Laurie Ann Garey

    PDF

    Recent Developments: Derr v. State: An Expert's Reliance on DNA Analysis Did Not Offend the Confrontation Clause Because the Underlying Report Was Not Sufficiently Formal to Be Considered Testimonial, James Hetzel

    PDF

    Recent Developments: Design Kitchen and Baths v. Lagos: An Undocumented Alien Injured in the Course of His Employment Is Entitled to Receive Workers' Compensation Benefits under the Maryland Workers' Compensation Act, Jacob Y. Statman

    PDF

    Recent Developments: DeWolfe v. Richmond: In Accordance with Article 24 of the Maryland Declaration of Rights, an Indigent Defendant Has a Right to State-Furnished Counsel at an Initial Appearance before a District Court Commissioner, Kristine L. Dietz

    PDF

    Recent Developments: Dewolfe v. Richmond: Indigent Arrestees Have a Statutory Right to Counsel at Initial Appearances before District Court Commissioners and Bail Reviews before District Court Judges; Trial Court Did Not Err in Issuing Declaratory Judgment without Considering Office of the Public Defender's Budgetary Concerns or Drafting a Remedy; Res Judicata Would Not Preclude Arrestees from Subsequently Seeking Injunctive Relief to Enforce Their Right to Counsel, A. Lauren Cramer

    PDF

    Recent Developments: Dickerson v. United States: The Supreme Court's Holding in Miranda v. Arizona Was a Constitutional Decision That Cannot Be Overruled by an Act of Congress, Christopher M. Mason

    PDF

    Recent Developments: Diep v. Rivas: Maryland's Slayer's Rule Does Not Prevent the Relatives of a Murderer from Taking as Contingent Beneficiaries under a Life Insurance Policy, George Mahaffey Jr.

    PDF

    Recent Developments: Dockworker's Remedy, Cathleen A. Quigg

    PDF

    Recent Developments: Doe v. Montgomery County Bd. of Elections: The Limitations Period for Judicial Review of Petition Certification Accrues after Aggrievement, and Mandatory Referendum Petition Signature Requirements Apply to Active and Inactive Voters, Christian Kintigh

    PDF

    Recent Developments: Dolan v. City of Tigard: Conditional Land Use Permits Requiring Dedication Must Meet Two Prong Test of Essential Nexus and Rough Proportionality or Requires Compensation under Fifth Amendment, Robert Schulte

    PDF

    Recent Developments: Domestic Relations—Effect of Equal Rights Amendment on Child Custody Decisions. Md. Const., Declaration of Rights Art. 46.

    PDF

    Recent Developments: Domestic Relations—Increase or Decrease of Permanent Alimony and Child Support—Granted without the Necessity of Showing a Change in the Circumstances of Both Parties. Lott v. Lott, 17 Md. App. 440, 302 A.2d 666 (1973), Rignal W. Baldwin and Leslie Winner

    PDF

    Recent Developments: Downes v. Downes: A Court Does Not Have Discretion to Grant a Surviving Spouse an Additional Extension of Time in Which to Elect the Statutory Share if a Previous Extension Expired Prior to the New Request, Brooke Marli Hytovitz

    PDF

    Recent Developments: Drummond v. State: Parent's Child Support Obligation Is Not Automatically Reduced by Amount Child Receives in Social Security Disability, Anna R. Benshoof

    PDF

    Recent Developments: Duckworth v. Deane: Denial of Intervention in a Constitutional Challenge of Maryland Code, Section 2-201 of the Family Law Article Is Appropriate When the Parties Attempting to Intervene Do Not Meet the Requirements of the Rules for Intervention of Right or Permissive Intervention, Ashley Recker

    PDF

    Recent Developments: Dumont Oaks Community Assoc., Inc. v. Montgomery County: County's Registration Fee for Common Ownership Communities Does Not Violate State Law Prohibiting Local Legislation Which Discriminates against Condominiums and Home Owners' Associations, Kristen L. Orff

    PDF

    Recent Developments: Dupree v. State: The Prosecution May Not Impeach a Defendant with Evidence of the Defendant's Silence Following Advisement of Miranda Rights, Anne Bodnar

    PDF

    Recent Developments: Duvall v. McGee: Tort Judgment Creditors Are Not Included in the Narrow Class of Creditors Entitled to Invade a Spendthrift Trust, Kevin Trogdon

    PDF

    Recent Developments: Duvall v. State: District Offices of the Public Defender Are Treated as Individual Law Firms for the Purposes of Conflict of Interest Analysis, Stephen Mutschall

    PDF

    Recent Developments: DWI Rights - Chemical Sobriety Test, Jennifer Hammond

    PDF

    Recent Developments: Eanes v. State: Restrictions on the Volume Level of Protected Speech Held Constitutional, Kimberly A. Doyle

    PDF

    Recent Developments: Edward v. Aquillard: Establishment Clause Violated by Statute Requiring School's Balanced Treatment of Evolution and Creation Science, David G. Banister

    PDF

    Recent Developments: EEOC v. Waffle House: Employment Contract to Arbitrate Employment Related Disputes Does Not Bar the Equal Employment Opportunity Commisson from Pursuing Victim-Specific Judicial Relief, Such as Back Pay, Reinstatement, and Damages in an Enforcement Action for Violation of the Americans with Disabilities Act, Sean McDonough

    PDF

    Recent Developments: Ehrlich v. Maryland State Employees Unions: The Governor Must Take Affirmative Steps to Ratify and Make Effective Memoranda of Understanding Following a Collective Bargaining Agreement, Mark Patrick Johnson

    PDF

    Recent Developments: Ehrlich v. Perez: The Government's Failure to Provide Medical Funding to Resident Alien Children and Pregnant Women, Based Solely on Their Alienage, Was Subject to Strict Scrutiny and Violated Their Rights to Equal Protection, Lauren Dodrill

    PDF

    Recent Developments: Ellerin v. Fairfax Savings, F.S.B.: Actual Knowledge of a Misrepresentation, Coupled with an Intent to Deceive Thereby, Satisfies the Actual Malice Requirement for an Award of Punitive Damages in a Tort Action of Fraud, Terrence J. Daly

    PDF

    Recent Developments: Ellison v. Maryland: Convicted and Sentenced Criminal Defendant When Called as Non-Party Witness May Invoke Privilege against Self-Incrimination, Steven E. Sunday

    PDF

    Recent Developments: Emmert v. Hearn: "All My Personal Property" Clause Construed to Encompass Testator's Tangible and Intangible Personal Property, Margaret Ann Willis

    PDF

    Recent Developments: Etape v. Chertoff: Federal Courts Retain Exclusive Jurisdiction When a Naturalization Applicant Files a Timely Petition for Review of a Naturalization Application Pursuant to 8 U.S.C. § 1447(B), Michael Gillman

    PDF

    Recent Developments: Evans v. Evans: Expanding Visitation Rights, M. Tracy Neuhauser

    PDF

    Recent Developments: Evans v. State: Section 142 of the Maryland Public Safety Article of the Maryland Code Did Not Contain a Penalty Provision nor a Related Penalty; Therefore, the Act of Obliterating, Removing, or Altering a Manufacturer's Identification Mark or Serial Number on a Firearm Was Not a Crime, James Robinson

    PDF

    Recent Developments: Evans v. State: The Lethal Injection Checklist Provisions of the Department of Corrections' Execution Operations Manual Constitute Regulations under Section 10-101(G) of the State Government Article and Were Not Adopted in Conformance with the Requirements of the Administrative Procedure Act and Are Therefore Ineffective, Shannon Beamer

    PDF

    Recent Developments: Evans v. Wilson: A Man Seeking to Establish Paternity of a Child Born during the Marriage of the Mother to Another Man Must Show That Genetic Testing Is in the Child's Best Interest, Julia J. Messick

    PDF

    Recent Developments: F.A.C.E. Trading v. Todd: Games of Chance Bundled with the Purchase of Consumer Products, Where the Nature of the Product Is Incidental to the Playing of the Game, Constitute Illegal Gaming, Kristy Haller

    PDF

    Recent Developments: Fairchild Space Co. v. Baroffio: "Early Bird" Employee Not Eligible for Workers' Compensation under the Coming and Going Rule, Michael P. Sawicki

    PDF

    Recent Developments: Falcinelli v. Cardascia: Procedural Error Caused Court to Uphold Jury Judgment Which Exceeded Amount of Damages Requested in the Complaint, Pinelopi Makrodimitris

    PDF

    Recent Developments: Falwell v. Flynt: New York Times "Actual Malice" Standard Distinguished in Action for Emotional Distress, J. Russell Fentress IV

    PDF

    Recent Developments: Farmer v. Brennan: Prison Officials May Be Held Liable under the Eighth Amendment For "Deliberate Indifference" to an Inmate's Health and Safety in Prison Condition Claims, Ruth G. Allen

    PDF

    Recent Developments: Farris v. State: Failure to Appear for a Court Mandated Weekend Detention Does Not Constitute the Crime of Escape in Allegany County, David Schmitz

    PDF

    Recent Developments: Faya v. Almaraz: HIV-Positive Physician May Have Duly to Warn Patients of His/Her Condition, Kristen L. Orff

    PDF

    Recent Developments: Federal Taxation—Taxpayer Held to Have Beneficial Interest and to Qualify for Depreciation Deduction Where He Made Little Investment and Incurred No Liability as Majority Shareholder of a Corporation and Transferee Subsequent to Purchase—Lease Back and Mortgage Agreements. Bolger v. Commissioner, 59 T.c. 760 (1973), Herbert R. O'Conor III

    PDF

    Recent Developments: Federated Department Stores v. Le: Employer Potentially Liable to Its Employee for Tortious Conduct of a Co-Employee, Steven B. Drucker

    PDF

    Recent Developments: Feist Publications, Inc. v. Rural Telephone Service Co.: Alphabetized Directory Listings Consisting of Surnames and Telephone Numbers Are Not Subject to Copyright Protection, Kimberly A. Doyle

    PDF

    Recent Developments: Ferris v. State: After Completion of a Routine Traffic Stop, Separate Reasonable Articulable Suspicion Is Required to Support a Continued Detention or Seizure, Kristin E. Blumer

    PDF

    Recent Developments: Ferro v. Lewis: The Maryland Motorcycle Helmet Statute Is Enforceable despite a Lack of Publication of a List of Approved Helmets, Gregory P. Jimeno

    PDF

    Recent Developments: First English Evangelical Church of Glendale v. County of Los Angeles: Tile Evolution of the Just Compensation Clause-Court Requires Monetary Compensation for Temporary Regulatory Taking of Property, Martin S. Goldberg

    PDF

    Recent Developments: Fitzgerald v. State: A Drug-Dog Sniff of Exterior Portions of a Residence Does Not Constitute a Search under the Fourth Amendment of the U.S. Constitution, Lindsay Victoria Ruth Moss

    PDF

    Recent Developments: Flaherty v. Weinberg: Attorney Nonclient Liability, Marc Minkove

    PDF

    Recent Developments: Florence County School Dist. Four v. Carter: Parents May Be Reimbursed for the Cost of a Private School When a Public School Fails to Provide an Adequate Education under the Individuals with Disabilities Education Act, Paul J. Mantell

    PDF

    Recent Developments: Florida v. Bostick: Police Officers May Board Bus and Randomly Ask Passengers for Consent to Search Luggage without Necessarily Violating Fourth Amendment, Will Jacobi

    PDF

    Recent Developments: Food Lion, Inc. v. McNeill: An Inadequate Response to an Interrogatory Must Be Challenged during the Discovery Phase and Will Not Serve as Grounds to Exclude Expert Testimony When Raised at Trial, Gillian Flynn

    PDF

    Recent Developments: For Halifax Packing Co. v. Coyne: Severance Pay Benefits Do Not Flow from Erisa in Instances of Plant Closings, Steven E. Sunday

    PDF

    Recent Developments: Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dep't of Natural Resources: Waste Import Restrictions Violate Interstate Commerce Clause, Carol Nakhuda Cohen

    PDF

    Recent Developments: Franklin v. Gwinnett County Public Schools: Damages Are Available for an Action Brought to Enforce Title IX of the Education Amendments of 1972, Cheryl Zak

    PDF

    Recent Developments: Frase v. Barnhart: Conditions Cannot Be Placed on Custody Awards Because Conditions Impermissibly Interfere with Parents' Right to Make Child Rearing Decisions, Thomas Sova

    PDF

    Recent Developments: Friedman v. Hannan: The Automatic Revocation of Will Provisions "Relating to" a Spouse upon Decedent's Marital Dissolution Is Not Limited to Bequests Made to or for the Direct Benefit of the Former Spouse, and They May Be Extended to Bequests to Relatives of the Former Spouse, Cailin Talbert

    PDF

    Recent Developments: Friendly Finance Corp. v. Orbit Chrysler Plymouth Dodge Truck, Inc.: Garageman's Lien Has Priority over Perfected Security Interests in a Motor Vehicle When Lien Holder Intends to Conduct a Statutory Sale, Jason L. Levine

    PDF

    Recent Developments: Frye v. Frye: Maryland Reaffirms the Parent-Child Immunity Rule, Sharon Gamble

    PDF

    Recent Developments: F.T.C. v. Superior Court Trial Lawyers Ass'n.: A Boycott by a Group of Lawyers Constituted an Agreement to Fix Prices in Violation of the Antitrust Statutes, Thomas J. S. Waxter III

    PDF

    Recent Developments: Garay v. Overholtzer: Statute of Limitations Not Tolled for Parental Claims for Medical Expenses during the Minority of an Injured Child, Robert Schulte

    PDF

    Recent Developments: Garner v. State: An out-of-Court Statement Made by an Unknown Caller to the Defendant's Cell Phone While in Police Custody Did Not Constitute Inadmissible Hearsay; Where Defendant Never Discharged His Counsel, Md. Rule 4-215(a)(3) Did Not Apply, Mary Lynn Denholm

    PDF

    Recent Developments: Garrison v. State: A Post-Conviction Petitioner May Receive a Belated De Novo Appeal without Presenting Evidence of Its Likely Success, Bryson M. Filbert III

    PDF

    Recent Developments: Gaver v. Harrant: Child Cannot Recover Damages for Loss of Parental Consortium When Third Party's Negligence Causes Parent's Injury, Gregory R. Smouse

    PDF

    Recent Developments: Geisz v. Greater Baltimore Medical Center: Survival Actions Based on Medical Malpractice Accrue upon Discovery and Fraud Statute Tolls Time for Filing Wrongful Death Claims, Kelly Walfred Miller

    PDF

    Recent Developments: Georgia v. McCollum: Criminal Defendants May Not Use Peremptory Challenges to Discriminate on the Basis of Race, Susan Oliveri

    PDF

    Recent Developments: Giant Food, Inc. v. Department of Labor, Licensing and Regulation: Disqualification of Unemployment Eligibility under Section 8-1004 of the Labor and Employment Article Is Lawful When There Is Substantial Curtailment at the Individual Facility or Premises, Traci Gladstone Corcoran

    PDF

    Recent Developments: Gillis v. State: Full Faith and Credit Clause Does Not Bar Maryland Prosecution Subsequent to Prior Acquittal in Another State, Laura V. Bearsch

    PDF

    Recent Developments: Gladis v. Gladisova: The Lower Cost of Raising a Child in a Different Country or State Does Not Justify a Downward Deviation from the Child Support Guidelines, as Set Forth in Sections 12-201–12-204 of the Family Law Article, April M. Urban

    PDF

    Recent Developments: Godinez v. Moran: the Standard of Competency Required by the Due Process Clause for Pleading Guilty or Waiving Right to Counsel Is the Same as the Standard for Competency to Stand Trial, Amy Conrad

    PDF

    Recent Developments: Goldberg v. Miller: Guardian Ad Litem Fees May Not Be Characterized as Child Support, Jennifer Merrill

    PDF

    Recent Developments: Gonzales v. State: Where a Defendant Hires Private Counsel Who Subsequently Fails to Appear at Trial, the Court Cannot Force the Defendant to Either Consent to Substitute Counsel or Proceed Pro Se, Leslee Tingle

    PDF

    Recent Developments: Goodman v. Lukens Steel Co.: Personal Injury Statute of Limitations Now Applied to Title VII Claims Brought in Pennsylvania, David Carey

    PDF

    Recent Developments: Gordon v. State: Admissibility of Evidence under the Adoptive Admission by a Party-Opponent Hearsay Exception Is a Preliminary Determination for the Trial Court; Admission of Detective's Testimony Not Clearly Erroneous, Stephanie Lurz

    PDF

    Recent Developments: Grady v. Brown: The Boulevard Rule Requires a Jury Determination of Whether an Unfavored Driver Effectively Yielded the Right-of-Way, and Therefore, Does Not Mandate That an Unfavored Driver Is Negligent as a Matter of Law, Stephen Cornelius

    PDF

    Recent Developments: Graves v. State: A Conviction in Another State of a "Sexually Violent Offense" May Not Be Used as the Predicate to Establish That a Person Is a "Sexually Violent Predator" in Maryland, Ryan N. Hoback

    PDF

    Recent Developments: Gray v. State: A Court Has Discretion to Allow a Witness Accused by the Defendant of Committing the Crime to Invoke the Fifth Amendment in the Jury's Presence, Brenda N. Taylor

    PDF

    Recent Developments: Gray v. State: Court Upheld Trial Judge's Discretion in Refusing to Require a Prosecutor to Testify or Be Cross-Examined for Alleged Discrimination in Selecting Jurors, Gregory J. Swain

    PDF

    Recent Developments: Greentree v. Fertitta: Three-Year Statute of Limitations Applicable When Tort Claim against Decedent's Estate Is Covered by Liability Insurance, Orhan K. Orner

    PDF

    Recent Developments: Green v. Sollenberger: Natural Parents May Not Adopt Their Own Legitimate Children, Robyn Scheina Brown

    PDF

    Recent Developments: Green v. State: Out-of-Court Statements Contained in a Sexual Assault Forensic Examiner's Report Are Testimonial in Nature and Inadmissible Absent the Defendant's Opportunity to Cross-Examine the Person Who Prepared the Report, Mahesh Subramanian

    PDF

    Recent Developments: Gregg v. State: Amendments to the DNA Post-Conviction Statute Apply Retrospectively, Requiring Petitioners to Establish That Post-Conviction DNA Testing Could Provide Exculpatory or Mitigating Evidence That Is Relevant to Petitoner's Conviction, Robyn McQuillen

    PDF

    Recent Developments: Hackley v. State: The Crime of Stalking in Maryland Includes, but Does Not Require as an Essential Element, "Approaching or Pursuing" the Victim, Kate E. Stewart

    PDF

    Recent Developments: Hafer v. Melo: State Officers, Even When Acting in Their Official Capacity, May Be Personally Liable for Deprivation of Citizens' Federal Rights, Kenneth J. Goldsmith

    PDF

    Recent Developments: Halliday v. Sturm, Ruger & Co.: The Risk Utility Test Does Not Apply to Design Defects Unless the Product Malfunctioned, Allisan Pyer

    PDF

    Recent Developments: Hamilton v. State: Judicial Approval of "Jail House Plants", Edward B. Lattner

    PDF

    Recent Developments: Hand v. Mfrs. & Traders Trust Co.: A Holder in Due Course of a Promissory Note Is Not Subject to a Statutory Illegality Defense Unless the Statute Voids the Specific Transaction, David Coppersmith

    PDF

    Recent Developments: Handy v. State: Pepper Spray May Be Classified as a Deadly or Dangerous Weapon under Robbery with Deadly Weapon Statute, Michelle M. Owens

    PDF

    Recent Developments: Harford County v. Town of Bel Air: County Has No Governmental Immunity in Contract Actions, Regardless of Whether Contract Involves Proprietary or Governmental Function, Theo Ogune

    PDF

    Recent Developments: Harmelin v. Michigan: Mandatory Sentence of Life without Parole Does Not Violate Eighth Amendment, Ellen Poris

    PDF

    Recent Developments: Harris v. Forklift Systems, Inc.: Psychological Harm Not Required for Title VII Sexual Harassment Claim Brought Under "Abusive Work Environment" Theory, Nicholas C. DeMattheis Jr.

    PDF

    Recent Developments: Harris v. State: Trial Court Cannot Order Public Defender's Office to Appoint Standby Counsel at pro se Defendant's Request, Colleen Marie Halloran

    PDF

    Recent Developments: Hartford Ins. v. Manor Inn: State's Duty to Protect against Third Party Injuries Does Not Override Recognized Tort Law Principle of Intervening Causation in Negligence Actions, Lisa Y. Johnson

    PDF

    Recent Developments: Hashmi v. Bennett: Joint Tort-Feasor Status Must Be Conferred upon Individuals in a Settlement Agreement in Order to Reduce Contribution to a Jury Award under the Maryland Uniform Contribution among Joint Tort-Feasors Act, Catherine Simanski

    PDF

    Recent Developments: Hayes v. State: Substitution of an Alternate Juror May Be Done at Any Time before the Jury Closes the Jury Room Door to Begin Deliberations, Jennifer Golub

    PDF

    Recent Developments: Helling v. McKinney: Valid Eighth Amendment Claim Stated Where Prisoner Alleged Compelled Exposure to Dangerous Levels of Secondary Smoke Created an Unreasonable Risk of Harm to His Future Health, Amy Conrad

    PDF

    Recent Developments: Henriquez v. Henriquez: Maryland Family Law Article Section 12-103 Permits Awarding Attorney's Fees Directly to a Legal Services Organization Providing Pro Bono Representation in a Child Custody Case, Sarah Witri

    PDF

    Recent Developments: Hernandez v. State: When Requested by Counsel, Trial Court Must Ask Specific Voir Dire Questions Regarding Potential Racial Bias, Akia Fox

    PDF

    Recent Developments: Hilton v. South Carolina Public. Railway Commission: Federal Statute Imposing Liability on State-Owned Railroads for Damages to Injured Employees Enforceable in State Courts Only, Linda M. Googins

    PDF

    Recent Developments: Hodges v. Evisea Maritime Co.: Duty to Correct or Warn of Conditions in Longshoreman's Act, Jennifer Crump

    PDF

    Recent Developments: Hodgson v. Minnesota: State Abortion Law Requiring Two-Parent Notification Prior to a Minor's Obtaining an Abortion Is Constitutional if a Judicial Bypass Procedure Is Provided, Rikke Davis

    PDF

    Recent Developments: Holbrook v. State: Arson and Reckless Endangerment Do Not Have to Be Merged at Sentencing Because They Are Considered Separate Crimes, Toni Boettcher

    PDF

    Recent Developments: Holmes v. State: A Defendant Not Incarcerated or on Parole or Probation Who Pleads Guilty but Does Not File Application for Leave to Appeal Waives the Right to Challenge the Conviction and Sentence through Coram Nobis, George Mowell

    PDF

    Recent Developments: Holmes v. State: Trial Judge's Failure to Permit Pro Se Defendant to Present Closing Argument Is Not Harmless Error, Erika F. Daneman

    PDF

    Recent Developments: Holmes v. State: Under Maryland Rule 5-802.1(b), Prior Consistent Statements Offered to Rebut a Charge of Fabrication Must Precede the Motive to Fabricate, Adam Cizek

    PDF

    Recent Developments: Hopkins v. State: In-Court Voice Exemplar Given for Non-Testimonial Purposes May Be Admissible Where the Exemplar Is Relevant and Reliable, Joseph H. D. Solomon

    PDF

    Recent Developments: House Bill 1129: State Police - DNA Testing, Stacey E. Burnett

    PDF

    Recent Developments: House Bill 139: Patient Protection Act, Cheryl F. Matricciani

    PDF

    Recent Developments: House Bill 172: Vessels - Operating While under the Influence of Drugs or Alcohol, George Mahffey Jr.

    PDF

    Recent Developments: House Bill 177: Holocaust Victims - Inheritance Tax and Income Tax - Insurance Policies, Cheryl F. Matricciani

    PDF

    Recent Developments: House Bill 190: Tobacco Tax, Holly A. Currier

    PDF

    Recent Developments: House Bill 1: Ethics Law - Reform of Legislative Ethics Process, Bret Frankovich

    PDF

    Recent Developments: House Bill 233: Courts & Judicial Proceedings - Peace Orders, Anna R. Benshoof

    PDF

    Recent Developments: House Bill 315: Anti-Discrimination Act, Richard Dirk Selland

    PDF

    Recent Developments: House Bill 388: Family Law - Marriage of Certain Minors, Anne Bodnar

    PDF

    Recent Developments: House Bill 434: Estates & Trusts - Lien for Payment of Inheritance Tax, Bryon S. Bereano

    PDF

    Recent Developments: House Bill 722: Motor Vehicle Administration - Privacy Protection Act of 1999, Jennifer Golub

    PDF

    Recent Developments: House Bill 738: Family Law - Domestic Violence - Relief, Holly A. Currier

    PDF

    Recent Developments: House Bill 751: Cigarette Restitution Fund, Brent Bolea

    PDF

    Recent Developments: House Bill 758: Estates & Trusts - Guardianship of Property of Minor or Disabled Person - Power of Circuit Court, Adam Cizek

    PDF

    Recent Developments: House Bill 759: Estates & Trusts - Conversion of Sole Proprietorships to Limited Liability Companies by Personal Representatives and Fiduciaries, Walter W. Green

    PDF

    Recent Developments: Housing Authority of Baltimore City v. Bennett: Statutory Cap on Damages Does Not Apply to Tort Claims Directly against Local Governments, Tiffany M. Turner

    PDF

    Recent Developments: Hudson v. United States: Imposition of Civil and Criminal Penalties Not an Automatic Violation of the Double Jeopardy Clause, Amy B. Tate

    PDF

    Recent Developments: HUD v. Rucker: Title 42 U.S.C. § 1437d(l)(6)'s Plain Language of Lease Terms Affords Local Housing Authorities the Discretion to Evict Tenants for Drug-Related Activities of Household Members or Guests, Regardless of Whether the Tenant Knew of Such Activity, Mollie Shuman

    PDF

    Recent Developments: Huffman v. State: Home Improvement Contractors Operating without a License Are Subject to Prosecution for Each Individual Transaction, Christopher Mason

    PDF

    Recent Developments: Hughes v. State: The Routine Booking Question Exception to Miranda Pertains Only to Questions Securing Identification Information of the Most Basic Sort, John E. Cox

    PDF

    Recent Developments: Hughes v. Workmen's Compensation Appeals Board: Payment of Workers' Compensation Benefits under Concurrent Employment, Pablo Emilio Lense

    PDF

    Recent Developments: Hurley v. Irish American Gay, Lesbian and Bisexual Group of Boston: Use of Public Accommodations Law to Modify Expressive Speech Content Violates the First Amendment, Paul J. Wilson

    PDF

    Recent Developments: Hyle v. Motor Vehicle Admin.: Motor Vehicle Administration May Not Suspend the License of a Motorist Who Refuses a Blood Alcohol Test When No Qualified Person Is Available to Administer Breath Test to Which a Motorist Previously Consented, Marianna Bravo

    PDF

    Recent Developments: Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy: State Bears Burden of Demonstrating That Truthful Disclosure of Certified Financial Planner and Certified Public Accountant Designations in Commercial Speech Is Actually, Inherently, or Potentially Misleading; or Advances a Substantial State Interest by the Least Intrusive Means if It Desires to Restrict Such Speech, Fiorello J.P. Vicencio Jr.

    PDF

    Recent Developments: Ideal Fed. Save Bank v. Murphy: Federal Interpretation of the Charter Form Provision for Federally Chartered Mutual Savings Associations Preempts Any State Policy to the Contrary, Mark L. Renbaum

    PDF

    Recent Developments: Illinois v. Perkins: Undercover Agents Need Not Give Miranda Warnings to Incarcerated Suspects before Asking Questions Which May Elicit Incriminating Responses, Tena Touzos

    PDF

    Recent Developments: Illinois v. Rodriguez: Warrantless Entry Valid if Based on the Reasonable Belief That a Consenting Third Party Possessed Common Authority over the Premises, Daryl D. Jones

    PDF

    Recent Developments: Illinois v. Wardlow: An Individual's Presence in a High Crime Area Combined with Unprovoked Flight after Seeing a Police Officer Is Sufficient Basis for Reasonable Suspicion, Lee A. Dix

    PDF

    Recent Developments: Imbesi v. Carpenter Realty Corp.: Maryland's Non-Claim Statute Does Not Permit a Creditor Setoff Once All Creditor Claims Are Barred by Statute, Brian Kelly

    PDF

    Recent Developments: Imperfect Self Defense, Regan J.R. Smith

    PDF

    Recent Developments: Imperial v. Drapeau: Witness Statements Contained in Letters of Complaint to Government Representatives Are Entitled to Protection of Absolute Privilege, Anne Bodnar

    PDF

    Recent Developments: Independent Newspapers, Inc. v. Brodie: Maryland Requires a Prima Facie Showing of Defamation and a Balancing of First Amendment Rights before Ordering the Release of the Identity of an Anonymous Internet Speaker, Molly Deere

    PDF

    Recent Developments in Maryland's Intestate Succession Law

    PDF

    Recent Developments: In re Adoption/Guardianship No. 10935: Best Interests Standard Applies When a Guardian of the Person of a Minor Child Wishes to Resign, Karen Anderson

    PDF

    Recent Developments: In re: Adoption/Guardianship No. CCJ14746: Licensed Clinical Social Workers May Render Diagnoses and Testify as Experts in Parental Rights Termination Cases, Victor A. Lembo

    PDF

    Recent Developments: In re Adoption/Guardianship, No. T97036005: Children Have a Statutory Right to a Hearing on the Merits for a Petition to Terminate Parental Rights, Meredith Stein

    PDF

    Recent Developments: In re Adoption/Guardianship of Cross H.: No Bar against the Initiation of a Termination of Parental Rights Proceeding during the Pendency of a Child in Need of Assistance Appeal; Court Did Not Err in Denying Placement of the Child with Grandmother; Termination of Parental Rights Was in the Best Interest of the Child, Caitlin Evans

    PDF

    Recent Developments: In re Adoption/Guardianship of Rashawn H.: When Terminating Parental Rights Courts Must Make Specific Evidentiary Findings Regarding Each Statutory Factor and Explain Clearly How Those Findings Rebut the Presumption of Maintaining the Parental Relationship, Matthew Hartman

    PDF

    Recent Developments: In re Adoption/Guardianship of Tatianna B.: A Licensed Clinical Social Worker Properly Qualified as an Expert Witness in Social Work May Opine in a Termination of Parental Rights Hearing Regarding Risk and Safety Assessment, Elisabeth Koloup

    PDF

    Recent Developments: In re Adoption No. 93321055: Parents Who Fail to File a Timely Objection to Adoption of Their Children Cannot Later Attempt to Revoke This Deemed Consent, Wytonja Curry

    PDF

    Recent Developments: In re Adoption of Sean M.: Failure to File a Timely Objection after Being Served a Show Cause Order, Constitutes Irrevocable Consent to an Independent Adoption; Maryland's Statutory Scheme Does Not Violate Parental Due Process Rights, Sarah M. Grago

    PDF

    Recent Developments: In re Anthony W.: The Accomplice Corroboration Rule Applies to Juvenile Proceedings, Taren Stanton

    PDF

    Recent Developments: In re Ariel G.: When Compelled Statements Fall within the Central Scope of the Fifth Amendment, the Operation of a Civil Regulatory Regime Cannot Trump the Assertion of the Fifth Amendment Right, Kristine H. Rea

    PDF

    Recent Developments: In re Billman: Disposition of Substitute Assets Possessed by Third Party and Subject to Rico Forfeiture May Be Enjoined, Charles Szczesny

    PDF

    Recent Developments: In re Criminal Investigation No. 1/242Q: Attorney-Client Fee Records Not Privileged from Subpoena, Dianne Moorehead Hughes

    PDF

    Recent Developments: In re Herbert B.: Restitution in Juvenile Proceedings, Marilys Fernandez

    PDF

    Recent Developments: In re Jason W.: Routine School Disturbances Do Not Warrant Juvenile Delinquency Charges, Katherine Kiemle

    PDF

    Recent Developments: In re Maria P.: A Parent's Due Process Rights Are Violated When Excluded from a Child in Need of Assistance Adjudicatory Hearing without the Benefit of a Factual Determination That Such Exclusion Is Warranted and in the Best Interest of the Child, Shahrzad Rezvani

    PDF

    Recent Developments: In re: Mark M. 2000: A Trial Court May Not Delegate Its Judicial Authority to a Non-Judicial Agency or Person to Determine the Visitation Rights of a Parent, Amanda Sprehn

    PDF

    Recent Developments: In re: Maurice M.: Civil Contempt Order Directing Mother Suspected of Child Abuse to Produce the Juvenile Held to Violate Fifth Amendment, Mary Jo Murphy

    PDF

    Recent Developments: In re Moore: Debtors' Interests in ERISA-Qualified Profitsharing and Pension Plan beyond the Reach of Bankruptcy Trustee, Mary Jo Murphy

    PDF

    Recent Developments: In re Najasha B.: When a Child Objects to the Department of Social Services' Unilateral Withdrawal of a CINA Petition, the Juvenile Court Must Hold an Adjudicatory Hearing to Consider the Child's Allegations of Abuse or Neglect, Joshua Beale

    PDF

    Recent Developments: In re Roberto D.B.: A Gestational Carrier Is Not Required to Be Listed on a Birth Certificate Because the Maryland Equal Rights Amendment Demands That Maryland Paternity Statutes, Which Allow Men to Challenge Paternity, Extend to Women, Patricia Calomeris

    PDF

    Recent Developments: In re Ryan W.: State Courts Lack Subject Matter Jurisdiction over Matters Concerning a Representative Payee's Allocation of OASDI Benefits for a Child in Need of Assistance; Representative Payees Must Provide Notice to the Child's Legal Representative When an Institution Intends to Retain the Child's Benefits, Jacqueline K. Lovdahl

    PDF

    Recent Developments: In re Thomas J.: Juveniles Have a Constitutional Right to a Speedy Trial under the Due Process Clause of the Fourteenth Amendment and Article 21 of the Maryland Declaration of Rights, Brenda N. Taylor

    PDF

    Recent Developments: In re Timothy F.: State Must Prove That Juvenile Defendant Had Intent to Distribute Non-Controlled Substance as a Controlled Dangerous Substance, Jennifer M. Moss

    PDF

    Recent Developments: In re Victor B.: Juvenile Delinquency Adjudication Is a Civil Proceeding to Which Criminal Rules of Procedure Are Inapplicable, Timothy Sean Daugherty

    PDF

    Recent Developments: In re Victoria C.: Adult Seeking Visitation with Her Minor Siblings Must Make an Initial Threshold Showing of Exceptional Circumstances or Parental Unfitness; Exceptional Circumstances Are Those Which Would Lead to a Deleterious Effect on the Children by the Lack of Visitation, Tonya M. Bland

    PDF

    Recent Developments: INS v. Ventura: The Court of Appeals Should Remand to the Board of Immigration Appeals When Deciding an Issue before the Board Has an Opportunity to Address the Matter, Andrea Tony

    PDF

    Recent Developments: International Union, UAW v. Johnson Controls, Inc.: Employer May Not Bar Women from Employment Which Might Expose Unborn Child to Harm, Howard S. Cohen

    PDF

    Recent Developments: Interspousal Tort Immunity, Karen L. Sussman

    PDF

    Recent Developments: Jack A/K/A Jack in the Bean Stalk v. State, Richard P. Gilbert

    PDF

    Recent Developments: Jackson v. State: Judge's Expansion beyond the Outer Limits of His or Her Broad Discretionary Rights Equates to Impermissible Error, Julie Folkemer Zimmer

    PDF

    Recent Developments: Jackson v. State: Prior Convictions of Similar Crimes May Be Admissible for Impeachment Purposes When the Probative Value of the Evidence Outweighs the Prejudicial Effect, Michele L. Katz

    PDF

    Recent Developments: Jacobson v. United States: Entrapment Defense Prevailed Where Government Failed to Prove Criminal Predisposition Existed before Investigation Induced Defendant to Break the Law, Scott N. Alperin

    PDF

    Recent Developments: Jaffee v. Redmond: A Psychotherapist-Patient Privilege Exists under Federal Rule of Evidence 501, Kathleen M. Maynard

    PDF

    Recent Developments: Janice M. v. Margaret K.: Maryland Does Not Recognize De Facto Parenthood as a Legal Status, Thus All Third Parties Must Demonstrate Parental Unfitness or Exceptional Circumstances to Overcome a Parent's Constitutional Right in Custody and Visitation Disputes, Angela Ablorh-Odjidja

    PDF

    Recent Developments: Jersey Shore State Bank v. United States: IRS Not Required to Provide Notice and a Demand for Payment to a Third-Party Lender Prior to Initiating a Civil Suit to Collect Employment Taxes, Robert R. Tousey

    PDF

    Recent Developments: Jessica G. v. Hector M.: Mother's Unsuccessful Paternity Action Does Not Bar Child's Subsequent Paternity Action, Kristin Heller Woolam

    PDF

    Recent Developments: Jimmy Swaggert Ministries v. Board of Equalization of California: State Sales and Use Tax on Religious Material Is Not Violative of the First Amendment's Religion Clauses, Cathy A. Cooper

    PDF

    Recent Developments: John A. v. Bd. of Educ. for Howard County: The Maryland Office of Administrative Hearings May Hear Disputes Regarding "Related Services" Not Explicitly Included in Individualized Education Plans, but Lacks Subject Matter Jurisdiction over Disputes Not Relating to Special Education Matters under the Individuals with Disabilities Education Act and Related Maryland Law, Dorothy Hae Eon Min

    PDF

    Recent Developments: John Deere Constr. & Forestry Co. v. Reliable Tractor, Inc.: Open-Ended Contracts with Notice of Termination Requirements Periodically Renew, and Subsequently Enacted Legislation Applies Prospectively to These Contracts after Their Renewal, Michael Beste

    PDF

    Recent Developments: Johnson v. Mountaire Farms of Delmarva: Maryland Fails to Expand Workmen's Compensation Act, Stephen A. Markey III

    PDF

    Recent Developments: Johnson v. State: An Inchoate Crime Sentence Shall Not Exceed the Maximum Sentence, without Enhancements, of the Target Crime, Camela J. Chapman

    PDF

    Recent Developments: Johnson v. State: Convicting and Sentencing a Defendant for a Crime Not Included in an Indictment Constituted an Inherently Illegal Sentence and Must Be Vacated under Maryland Rule 4-345(a); A Movant's Claim to Correct an Inherently Illegal Sentence Is Correctable at Any Time and Is Not Subject to Dismissal Due to Waiver by Consent or Constructive Amendment, James M. Darrah

    PDF

    Recent Developments: Johnson v. State: Defense Attorney's Arrest for Contempt of Court in the Presence of the Jury Was Prejudicial and Denied Defendant the Right to a Fair and Impartial Trial, Walter W. Green

    PDF

    Recent Developments: Johnson v. State: Maryland Rule 4-204 Requires the Defendant's Consent if the State Makes a Substantive Change to a Charging Document, Ingrid J. Abbott

    PDF

    Recent Developments: Johnson v. State: Upon the Defendant's Request, the State Must Furnish a Defendant's Recorded Statement, Even if the State Only Intends to Use the Content of the Recording at Trial, Tammy R. Johnson

    PDF

    Recent Developments: Jones v. Speed: Each Appointment at Which a Physician Negligently Fails to Correctly Diagnose His Patient May Constitute a Separate Negligent Act under Maryland's Medical Malpractice Statute of Limitations, Michael P. Casey

    PDF

    Recent Developments: Jones v. State: It Is within the Trial Judge's Discretion to Determine Which Crime of Violence Constitutes the Third Conviction for the Purpose of Imposing an Enhanced Sentence under Article 27, § 643B(C), Dana G. Vogts

    PDF

    Recent Developments: Jones v. State: Public Duty Doctrine Does Not Protect the State against a Negligence Action for Law Enforcement Officers' Intentional Torts; Standard of Care for Law Enforcement Officers' Fourth Amendment Training Does Not Require Expert Testimony, Alicia L. Shelton

    PDF

    Recent Developments: Jones v. State: The Fourth Amendment Is Violated When Police Stop a Bicyclist without Reasonable Articulable Suspicion, Laura Campbell

    PDF

    Recent Developments: J.P. Delphey Ltd. P'Ship v. Mayor & City of Frederick: Due to an Exception in the Open Meetings Act, Municipal Governments with Legislative Powers Can Vote to Condemn Property in a Closed Executive Session without Enacting a Property-Specific Ordinance, Kristy Haller

    PDF

    Recent Developments: Julian v. Buonassissi: Failure to File a Supersedeas Bond Does Not Render an Appeal Moot When the Purchaser Is Not Bona Fide; Certain Violations of the Protection of Homeowners in Foreclosure Act Render a Deed Voidable but Not Void Ab Initio, Ellyn Riedl

    PDF

    Recent Developments: Kamp v. Department of Human Services: A Presumed Parent, Who Asserts a Paternity Defense for the First Time in a Post -Divorce Proceeding, Must Demonstrate That Paternity Testing Is in the Best Interest of the Child, Brittany King

    PDF

    Recent Developments: Kansas v. Hendricks: Involuntary Commitment of Pedophile Based in Part on past Criminal Conduct Found Constitutional, Carolyn P. Johnson

    PDF

    Recent Developments: Karsenty v. Schoukroun: An Inter Vivos Transfer of Property, Where the Decedent Retained Control during His Lifetime, Is Not per Se Violative of a Surviving Spouse's Statutory Right to a Share of the Estate, Erin Day

    PDF

    Recent Developments: Kassama v. Magat: Maryland Does Not Recognize a Child-Plaintiff's Tort Law Cause of Action For "Wrongful Life", Bryan C. Hughes

    PDF

    Recent Developments: Katsenelenbogen v. Katsenelenbogen: Under the Domestic Violence Statute the Standard for Issuing a Protective Order Is Whether a Reasonable Person in the Applicant's Position Fears Serious Bodily Harm, Ryan N. Hoback

    PDF

    Recent Developments: Keane v. Carolina Freight Carriers Corp.: Recovery under Wrongful Death Statute Allowed Where Child Has Not Reached His Twenty-Second Birthday, Adam Jason Sevel

    PDF

    Recent Developments: Key-El v. State: Pre-Arrest Silence in the Presence of a Police Officer May Be Admitted into Evidence as a Tacit Admission, Anna R. Benshoof

    PDF

    Recent Developments: Kilmon v. State: A Pregnant Woman's Intentional Ingestion of Cocaine Cannot Form the Basis for a Conviction under Section 3-204(a)(1) of the Criminal Law Article for the Reckless Endangerment of Her Later-Born Child, Jason Weintraub

    PDF

    Recent Developments: King v. St. Vincent's Hospital: Members of the Armed Forces Retain the Right to Civilian Reemployment under 38 U.S.C. § 2024(d) Regardless of the Duration of Active Duty, Shawn Gritz

    PDF

    Recent Developments: Kirwan v. Diamondback: Records of University Parking Tickets Are Not Protected from Disclosure as Personal or Financial Records under the Maryland Public Information Act or as Education Records under Family Education Rights and Privacy Act, Adam Cizek

    PDF

    Recent Developments: Knill v. Knill: Husband May Not Be Equitably Estopped to Deny Child Support, William James Morrison III

    PDF

    Recent Developments: Koch v. Strathmeyer: Implied Easement over Subdivided Lots Extended from Public Road to the Water's Edge, Entitling Interior Lot Owners to Waterfront Access, David Schmitz

    PDF

    Recent Developments: Kosmas v. State: Unsolicited Statement by Witness Inadmissible as Evidence of Defendant's Refusal to Take Lie Detector Test, Gregory R. Smouse

    PDF

    Recent Developments: Kostelec v. State: Present Tense Language of Search Warrant Statute Does Not Permit Issuance of Anticipatory Search Warrant Based on Future Evidence of a Criminal Act, John Magee

    PDF

    Recent Developments: Krauss v. State: Driver's Refusal to Take Breathalyzer Test Inadmissible, Karl Phillips

    PDF

    Recent Developments: Kuykendall v. Top Notch Laminates, Inc.: Maryland Refuses to Make Employers Liable for Injuries Caused by Employees Who Became Intoxicated at Their Office Parties, Robert Lorenzo Kline III

    PDF

    Recent Developments: Laboratory Corp. of America v. Hood: Where Injury to a Maryland Resident Results from an Erroneous Laboratory Report Provided by an out-of-State Laboratory, Maryland Substantive Law Will Apply Unless the State Where the Error Occurred Has Defined an Applicable Standard of Care, Gillian Flynn

    PDF

    Recent Developments: Lack of Jury Impartiality Required for New Trial, Deborah Zgorski

    PDF

    Recent Developments: Lamb's Chapel v. Center Moriches Union Free School District: Prohibiting Religious Groups Access to a Nonpublic Forum to Discuss Topics Which Are Otherwise Permissible in the Forum Constitutes Viewpoint Discrimination and Violates the First Amendment Free Speech Clause, Nicholas C. DeMattheis Jr.

    PDF

    Recent Developments: Lamone v. Capozzi: The Early Voting Statutes Passed by the General Assembly of Maryland Are Inconsistent with Maryland's Constitution and, as a Result, Must Be Declared Void, Joseph Lane

    PDF

    Recent Developments: Landon v. Zorn: Inquiry about Potential Bias against Plaintiffs in Malpractice Cases Is Not Sufficiently Connected with the Issue of Tort Reform to Generate a Required Voir Dire Question, Melyssa Morey

    PDF

    Recent Developments: Lane v. Nationwide Mut. Ins. Co.: Statute of Limitations Does Not Begin to Run on an Insured Motorist's Contract Claim until Insurer Denies Coverage, Jennifer K. Etheridge

    PDF

    Recent Developments: Lawrence v. Texas: Texas Homosexual Sodomy Statute Violated the Fourteenth Amendment Due Process Clause, Sarah M. Miller

    PDF

    Recent Developments: Lawson v. State: It Is Admissible for a Social Worker Acting within the Course of Her Profession to Testify to a Child Declarant's out-of-Court Statements Regarding Child Abuse or Sexual Abuse of Children of Tender Years When the Confrontation Clause Is Satisfied, Alice Arcieri

    PDF

    Recent Developments: Laznovsky v. Laznovsky: The Psychiatrist-Patient Privilege Clearly Applies in Child Custody Cases, Barring Disclosure of Parent's Mental Health Records, Scott H. Amey

    PDF

    Recent Developments: Lechmere. Inc. v. NLRB: Nonemployee Union Organizers May Be Barred from an Employer's Property Absent a Showing of Inaccessibility of Employees, Mark K. Boyer

    PDF

    Recent Developments: Lee v. Cline: The Maryland Tort Claims Act Broadens the Scope of Qualified Immunity Afforded to State Personnel to Encompass Both Intentional Torts and Constitutional Torts, Stephanie Freer

    PDF

    Recent Developments: Lee v. Weisman: Court Holds Non-Sectarian Prayer at Secondary School Graduation Ceremony Violates Establishment Clause of the First Amendment to the Constitution, David E. Canter

    PDF

    Recent Developments: Lee v. Wheeler: Recovery for Negligence of Phantom Driver under Uninsured Motorist Provisions, Glen P. Smith

    PDF

    Recent Developments: Legal Aid Bureau v. Bishop's Garth Assocs. Ltd. Partnership: Judiciary's Ability to a Ward Attorney's Fees Limited, Gregory R. Smouse

    PDF

    Recent Developments: Lejeune v. Coin Acceptors, Inc: The "Inevitable Disclosure" Theory Cannot Serve as a Basis for Granting Injunctive Relief under the Maryland Uniform Trade Secrets Act, Mark Patrick Johnson

    PDF

    Recent Developments: Le Marc's Management Corp. v. Valentin: Actual Knowledge of a False Statement Is Required for an Award of Punitive Damages in Defamation Action, Steven E. Shane

    PDF

    Recent Developments: Lesnick v. Hollingsworth & Vose Co.: Actions Purposely Directed toward Forum State Required to Subject Out-of-State Defendant to Personal Jurisdiction, Paul N. St. Hillaire

    PDF

    Recent Developments: Lettley v. State: Trial Court's Denial of Defense Counsel's Motion to Withdraw Based on Conflict of Interest Violated Defendant's Sixth Amendment Right to Effective Assistance of Counsel, Amy E. Askew

    PDF

    Recent Developments: Lewis v. Waletzky: Administrative Filing Requirements of the Health Care Malpractice Claims Act Are Procedural for Choice-of-Law Purposes and, Therefore, the Doctrine of Lex Loci Delicti Is Not Applicable, Christopher M. Balaban

    PDF

    Recent Developments: Lippert v. Jung: Statutory Period to Obtain Title to Land by Adverse Possession Does Not Survive a Valid Tax Sale, Melissa Machen

    PDF

    Recent Developments: Liscombe v. Potomac Edison Co.: Contributory Negligence - Still a Complete Bar to Recovery, Stephen Markey

    PDF

    Recent Developments: Livering v. Richardson's Restaurant: An off Duty Employee Is Entitled to Workers' Compensation Benefits if Injury Is Sustained on Employer's Premises and the Reason for the Employee's Visit Benefits the Employer, Cendoria Yvonne Dean

    PDF

    Recent Developments: Llowden v. Bosley: Restrictive Covenants Requiring Lots Be Used for Residential Purposes Do Not Prohibit the Short-Term Rental of the Property to Tenants, Jason Setty

    PDF

    Recent Developments: Long Green Valley Ass'n v. Bellevale Farms, Inc.: Non-Party "Interested Persons" Lack Standing to Enforce an Agricultural Preservation Easement Created between a Private Landowner and a State Agency Where the Easement Was Not a Charitable Trust, Brett H. Philpotts

    PDF

    Recent Developments: Long v. State: Courts Cannot Modify a Consent Order without Giving the Parties an Opportunity to Be Heard Because to Do Otherwise Would Violate the Parties' Right to Due Process, Dawn A. Anderson

    PDF

    Recent Developments: Lubin v. Agora, Inc.: To Compel Production of Newsletter Subscriber and Purchaser Lists, a Government Agency Must Establish a Substantial Relationship between the Information Sought and an Overriding and Compelling State Interest, Christopher Heagy

    PDF

    Recent Developments: Lucas v. South Carolina Coastal Council: Landowner Compensation Required Where Property Regulations Deprive All Economically Beneficial Use of Land Unless Regulations Are Inherent in Title, Joshua D. Bruch

    PDF

    Recent Developments: Lussier v. Maryland Racing Commission: Administrative Agencies Enabled with Broad Authority May Impose Sanctions Absent Statutory Authority, Cheryl Gordon

    PDF

    Recent Developments: Macbride v. Pishvaian: The Statute of Limitations on Tenant's Action against Landlord Will Not Be Tolled Unless There Is a Fiduciary Relationship between the Parties or There Are Ongoing Violations of a Potential Plaintiff's Rights, Teresa Marino

    PDF

    Recent Developments: MacDonald v. Yolo County: The Supreme Court Reexamines the Concept of Inverse Condemnation in Determining Whether an Unconstitutional Taking without Compensation Has Occurred, Michael D. Mallinoff

    PDF

    Recent Developments: Madsen v. Women's Health Center: Injunction Establishing a 36-Foot Buffer Zone on a Public Street from Which Demonstrators Are Excluded Does Not Violate the First Amendment, Victoria M. Rife

    PDF

    Recent Developments: Maldonado v. Am. Airlines: Expert Vocational Testimony Is Not per Se Required in Judicial Review Proceedings to Rebut the Presumption of Correctness of a Workers' Compensation Commission Award of "Other Cases" Industrial Loss, Stephen Cornelius

    PDF

    Recent Developments: MAMSI Life & Health Ins. Co. v. Callaway: Autoerotic Asphyxiation Constitutes Intentional Self-Injury in a Life Insurance Contract Exclusion Clause, Matthew F. Penater

    PDF

    Recent Developments: Mandel v. O'Hara: Governor Enjoys Absolute Immunity Based on Approval or Veto of Legislative Enactments, Lesley M. Brand

    PDF

    Recent Developments: Marcantonio v. Moen: An Expert's Affidavit Materially Contradicts a Prior Sworn Statement Only When There Is an Irreconcilable Statement of Material Fact, Joseph Maher

    PDF

    Recent Developments: Marshall v. State: Prosecutors May Invoke the Invited Response Doctrine in Order to Comment on a Defendant's Refusal to Testify Only if the Court Agrees That Such Comment Is Warranted by Improper Attacks from Defense Counsel, Michael Rosemond

    PDF

    Recent Developments: Martin v. State: Trial Judge Must Inform Pro Se Defendant That He Cannot Be Forced to Testify, Gerard M. Waites

    PDF

    Recent Developments: Maryland Courts, Robert E. Cahill Jr.

    PDF

    Recent Developments: Maryland Decisions and Statutes

    PDF

    Recent Developments: Maryland General Assembly Update, Melony Joe Ellinger, Ruth-Ann E. Lane, and Gregory P. Jimeno

    PDF

    Recent Developments: Maryland's Chapter 163 Effects a Compromise between Health Benefit Carriers' Rights to Deny Benefits and Claimants' Rights to Settle Their Claims, Anne Bodnar

    PDF

    Recent Developments: Maryland v. Buie: Fourth Amendment Authorizes Warrantless Protective Sweep of Premises When Officer Possesses Reasonable Articulable Suspicion That the Area Poses Danger, Tena Touzos

    PDF

    Recent Developments: Maryland v. Craig: Maryland Statute Allowing One-Way Closed Circuit Television Testimony of Child Abuse Victims Did Not Violate the Confrontation Clause of the Sixth Amendment, Gregory J. Swain

    PDF

    Recent Developments: Maryland v. Garrison: Good-Faith Mistake in Valid but Overbroad Search Warrant Does Not Invalidate Search, Amy Kushner

    PDF

    Recent Developments: Maryland v. King: The Use of a Buccal Swab to Obtain a Defendant's DNA Sample upon Arrest for a Serious Offense Is a Reasonable Search under the Fourth Amendment, Kristine L. Dietz

    PDF

    Recent Developments: Maryland Voters Amend State's Constitution, Samuel N. Shapiro

    PDF

    Recent Developments: Maryland v. Wilson: No Articulable Suspicion Required for Police Officers to Order Passengers out of a Vehicle during a Lawful Traffic Stop, Cynthia L. Maskol

    PDF

    Recent Developments: Mason v. Lynch: Photographs Illustrating Minimal Damage to Vehicles in a Collision May Be Admitted in the Discretion of the Court Absent Expert Testimony, Alice Arcieri

    PDF

    Recent Developments: Massey v. Galley: The Exhaustion of Administrative Remedies Provision of the Prisoner Litigation Act Does Not Apply to an Inmate's Statutory Cause of Action under the Maryland Public Information Act, Christopher Heagy

    PDF

    Recent Developments: Masson v. New Yorker Magazine: Absent Material Change in Statement's Meaning, Deliberate Alteration of Speaker's Words by Author Not Actual Malice, Ellen Poris

    PDF

    Recent Developments: Master Financial, Inc. v. Crowder: A Twelve-Year Statute of Limitations Applies for Specialty Actions to Claims Seeking Civil Penalties under the State Secondary Mortgage Loan Law, Satoko Harada

    PDF

    Recent Developments: Matoumba v. State: A Police Officer Is Not Required to Be Qualified as an Expert Witness to Testify in a Suppression Hearing Regarding Facts That Gave Rise to a Reasonable Suspicion Justifying a Stop and Frisk of a Suspect, Nancy Chung

    PDF

    Recent Developments: Matthews v. Matthews: Maryland Courts Have the Authority to Order a Party to Maintain a Former Spouse as the Beneficiary of His or Her Survivor Benefit Plan, Andrea E. Moss

    PDF

    Recent Developments: Mayor and City Council of Baltimore v. lndianapolis Colts, Inc.: The Demise of the Public Use Doctrine, Thomas J. Drechsler

    PDF

    Recent Developments: Mayor & City Council of Balt. v. Whalen: Tort Claims against a Municipality by an Individual Injured within the Boundaries of a Public Park Are Barred by Governmental Immunity, Andrew Burnett

    PDF

    Recent Developments: Mayor of Baltimore v. Cassidy: When Presumption of Permanent Total Disability Is Conclusively Rebutted, the Loss of Vision in Both Eyes Is to Be Compensated under 9-627(k) "Other Cases" Section of Permanent Partial Disability Statute as Opposed to Doubling the Rate of the Scheduled Loss of Vision in One Eye, Francis A. Pommett III

    PDF

    Recent Developments: Mayor of Baltimore v. Schwing: Workers' Compensation Claim for Aggravation of a Preexisting Disease Based on New Workplace Exposures May Be Allowed beyond the Five-Year Modification Period, John R. Muckelbauer

    PDF

    Recent Developments: McAvoy v. State: A Suspect Stopped for Driving While Intoxicated Is Not Entitled to Miranda Advice Prior to a Field or Chemical Sobriety Test, Timothy Mitchell

    PDF

    Recent Developments: McClain v. State: The Transcript of a Witness's Taped Statement Is Admissible as a Prior Inconsistent Statement Absent an Express Finding of Inconsistency, and May Be Sent to the Jury Room Pursuant to Maryland Rule 4-326 without a Request from the Jury, Kristine L. Dietz

    PDF

    Recent Developments: McCoy v. Court of Appeals of Wisconsin: No-Merit Brief Provided to Tile Court by Court Appointed Appellate Counsel Does Not Violate Indigent's Sixth and Fourteenth Amendment Rights, Linda C. Eddy

    PDF

    Recent Developments: McCracken v. State: A Law Enforcement Officer Does Not Violate the Fourth Amendment When He or She Seizes Items Discovered on a Suspect during a Lawful Terry Stop and Frisk if There Is Probable Cause to Believe That the Items Are Contraband or Evidence of a Crime, Dominic W. Lamartina

    PDF

    Recent Developments: McCready Memorial Hospital v. Hauser: Claimant's Attempt to Obtain Automatic Extension for Filing Expert's Certificate Pursuant to the Maryland Health Care Malpractice Claims Statute Not Triggered by Mere Request under § 3-2A-04(b)(1)(ii), Jim Delorenzo

    PDF

    Recent Developments: McCready v. McCready and Domingues v. Johnson: Court of Appeals Reviews Standard for Modifying Custody Orders, Catherine E. Head

    PDF

    Recent Developments: McDaniels v. District of Columbia Dep't of Employment Servs.: The D.C. Court of Appeals Holds That Workers' Compensation Claimants Are Entitled to the Lesser of 66%% of Average Weekly Wages or 80% of Spendable Earnings, Avery B. Berdit

    PDF

    Recent Developments: McDowell v. State: Absent Probable Cause, for a Search of a Container to Be Constitutional, a Police Officer Must Articulate a Reasonable Suspicion That the Container Holds a Weapon and Why a Terry-Type Pat-down of the Container Would Be Insufficient to Determine Whether There Are Weapons in the Container, Matthew Powell

    PDF

    Recent Developments: McGlone v. State: A Mandatory Sentence Enhancement for Conviction of a Third Crime of Violence Does Not Require Intervening Terms of Confinement or Sequentiality between Predicate Convictions, Christopher Martini

    PDF

    Recent Developments: McIntryre v. State: Totality of the Circumstances Test Uphead in Determining Validity of a Juvenile Miranda Waiver, Robert Feldman

    PDF

    Recent Developments: McNeal v. State: The Court of Appeals of Maryland Interpreted Price v. State to Allow Illogical or Factually Inconsistent Jury Verdicts in Criminal Trials, but Held That Legally Inconsistent Jury Verdicts Are Impermissible, Nicholas E. Kosmas

    PDF

    Recent Developments: McQuitty v. Spangler: A Claim for Breach of Duty to Obtain Informed Consent Does Not Require Evidence of a Physical Invasion, Heather Pensyl

    PDF

    Recent Developments: McWilliams v. Fairfax County Bd. of Supervisors: Title VII Hostile Environment Sexual Harassment Claims Cannot Be Sustained Where Both Alleged Harasser and Victim Are Heterosexuals of the Same Sex, Jennifer R. Terrasa

    PDF

    Recent Developments: Medex v. McCabe: Incentive Payments Are Wages Earned by an Employee and an Employee Is Entitled to Recover Incentive Fees as Wages, Supriya M. McMillan

    PDF

    Recent Developments: Medical Waste Assoc. v. Maryland Waste Coalition: Maryland Environmental Standing Act Does Not Apply to an Organization That Seeks Judicial Review of an Administrative Procedure, Bonnie S. Laakso

    PDF

    Recent Developments: Medtronic v. Lohr: State Common-Law Claims Involving Class III Medical Devices Are Not Pre-Empted by the Medical Device Amendments of 1976, Rosemary V. Bourne

    PDF

    Recent Developments: Mendelson v. Mendelson: Enforcement of Spousal Support Agreement Incorporated but Not Merged into Divorce Decree Limited to Terms of Contract, Jules R. Bricker

    PDF

    Recent Developments: Meritor Savings Bank v. Vinson: Sexual Harassment Found to Be a Form of Sex Discrimination under 1964 Civil Rights Act, Libby C. Reamer

    PDF

    Recent Developments: Metro Broadcasting, Inc. v. FCC: Intermediate Scrutiny Held Applicable to Federal Race-Conscious Programs, Daryl D. Jones

    PDF

    Recent Developments: Michigan Dep't. of State Police v. Sitz: State's Use of Sobriety Checkpoints Does Not Violate the Fourth Amendment, Steven B. Vinick

    PDF

    Recent Developments: Milkovich v. Lorain Journal Co.: Opinions Are Not Protected by the First Amendment and Are Therefore Actionable under State Libel Law, Kimberly A. Doyle

    PDF

    Recent Developments: Miller v. Bay City Prop. Owners Ass'n, Inc.: Any Successors in Interest to a Property Developer Must Adhere to the Intent of the Original Developer When the Developer Clearly Intends to Create Restrictive Covenants, Jason Setty

    PDF

    Recent Developments: Miller v. State

    PDF

    Recent Developments: Miller v. State: The United States Supreme Court Decision in Padilla v. Kentucky, Holding That Failure to Advise Non-Citizen Clients about Deportation as a Possible Consequence of a Guilty Plea Could Invalidate the Plea, Created New Law and Therefore Does Not Apply Retroactively to Invalidate Judgments Finalized Prior to the March 31, 2010 Decision, Mary Lynn Denholm

    PDF

    Recent Developments: Mills v. Maryland: Supreme Court Rules That Maryland's Capital Sentencing Procedure Is Unconstitutionally Mandatory, Gregory J. Swain

    PDF

    Recent Developments: Millwood v. State: Anonymous Tip Provides Reasonable Suspicion Needed to Justify an Investigatory Stop, Margaret Ann Willis

    PDF

    Recent Developments: Minnesota v. Dickerson: Supreme Court Created "Plain Feel" Exception to the Warrant Requirement, Lisa M. Parkinson

    PDF

    Recent Developments: Minnick v. Mississippi: Right to Counsel during Custodial Interrogation Bars Police Initiated Discussions Unless Counsel Is Present, William P. Atkins

    PDF

    Recent Developments: Mitchell v. Maryland Casualty Co.: For the Purposes of Asbestos-Related Diseases under a General Liability Insurance Policy, "Bodily Injury" Occurs When the Victim Is Initially Exposed to the Hazardous Condition, Kenneth J. Goldsmith

    PDF

    Recent Developments: Molé v. Jutton: A Patient Suing a Doctor for Medical Negligence Due to Lack of Informed Consent Is Not Entitled to a Jury Instruction on Battery When the Doctor Exceeds the Scope of Consent Given, April M. Urban

    PDF

    Recent Developments: Molzof v. United States: Supreme Court Chooses Traditional Definition for "Punitive Damages" under Federal Torts Claims Act, Michael E. Muldowney

    PDF

    Recent Developments: Monias v. Endal: Tort Victims May Recover For "Lost Years" of a Shortened Life Expectancy but Family Members May Not, Kelly Reaver

    PDF

    Recent Developments: Montgomery County Board of Education v. Horace Mann Insurance Co.: A School Board Must Defend Its Teachers against Tort Claims if a Potentiality of Coverage Exists under the Language of an Insurance Policy, Jacob Y. Statman

    PDF

    Recent Developments: Montgomery County v. Glenmont Hills Assocs. Privacy World: Landlords Who Refuse Tenants Solely Because Tenants Intend to Use Section 8 Vouchers Violate Montgomery County's Housing Discrimination Law, Regardless of the Landlord's Lack of Intent to Discriminate, Paul Lamari

    PDF

    Recent Developments: Montgomery County v. Lake: Employer Not Allowed to Offset Overpayment of Workers' Compensation Benefits, J. Russell Fentress IV

    PDF

    Recent Developments: Montgomery Ward v. Wilson: Actual Malice Is Required for Punitive Damage Awards in False Imprisonment and Malicious Prosecution Actions, Margaret Oliver

    PDF

    Recent Developments: Moore v. State: A Person Who Downloads Child Pornography Using a Computer, Absent Any Involvement in Its Creation or Distribution, Does Not Commit a Felony in Violation of Section 11-207(A)(3) of the Criminal Law Article, Kate E. Stewart

    PDF

    Recent Developments: Morgan v. Illinois: Trial Court's Refusal to Inquire Whether a Potential Juror Would Automatically Impose the Death Penalty upon Conviction Was Inconsistent with the Due Process Clause of the Fourteenth Amendment, Kim Germaine Judd

    PDF

    Recent Developments: Motor Vehicle Admin. v. Illiano: Pursuant to Section 16-205.1(B)(1) of the Maryland Transportation Article, "Stop or Detain" Allows for Officers to Develop a Reasonable Suspicion That a Driver Is under the Influence of Alcohol after the Initial Stop, Stephen Gilpatric

    PDF

    Recent Developments: Motor Vehicle Admin. v. Weller: Preliminary Breath Tests Are Admissible in Administrative Hearings, McEvan H. Baum

    PDF

    Recent Developments: Muir v. State: Clarifying Predicate Crimes of Violence under Maryland's Enhanced Punishment Statute, Jennifer Crump

    PDF

    Recent Developments: Mulligan v. Corbett: A Child Conceived during Marriage, but Born after Divorce Is Considered Legitimate, Thus a Self-Proclaimed Biological Father Is Not Entitled to Blood Testing Absent a Showing It Is in the Best Interests of the Child, Megan K. Green

    PDF

    Recent Developments: Mulready v. University Research Corporation: An Injury to a Traveling Employee "Arises out of" Employment if It Occurs as a Result of an Activity Reasonably Incidental to Travel Required by the Employer, Ingrid J. Abbot

    PDF

    Recent Developments: Murphy v. Edmonds: Maryland's Statutory Cap on Noneconomic Damages in Personal Injury Cases Is Constitutional and Neither Violates Due Process nor Denies Right to a Jury Trial, Elizabeth A. Lee

    PDF

    Recent Developments: MVA v. Chamberlain: Drunk Drivers Need Not Be Informed of All Disparities between Sanctions for Failing a Chemical Alcohol Concentration Test and Refusing to Take Such a Test Altogether, Ellen Marth

    PDF

    Recent Developments: MVA v. Richards: The Exclusionary Rule of the Fourth Amendment Does Not Extend to Civil Administrative Driver's License Suspension Proceedings, Lee A. Dix

    PDF

    Recent Developments: Myers v. State: The Discovery of an Outstanding Arrest Warrant during an Illegal Traffic Stop May Be Sufficient to Remove the Taint from Evidence That Is Subsequently Seized, Levi Zaslow

    PDF

    Recent Developments: Nader for President 2004 v. Md. State Bd. of Elections: Invalidation of Petition Signatures Solely on the Basis of the Maryland State Board of Election's "County-Match" Requirement Was Improper and Disenfranchised Voters, Mark Talty

    PDF

    Recent Developments: Nasseri v. Geico Gen. Ins. Co.: A Taxicab Driver Is Insured under His Personal Motor Vehicle Insurance Policy for Injuries Resulting from a Collision between His Taxicab and Another Motor Vehicle Even if the Taxicab Is Not an Insured Auto under the Policy and It Is Available For the "Regular Use" of the Insured, Emily King Watkins

    PDF

    Recent Developments: Nast v. Lockett: Punitive Damages Permitted in Automobile Negligence Case Where Defendant Was Both Intoxicated and Exhibited a Wanton and Reckless Disregard for Human Life, Jules R. Bricker

    PDF

    Recent Developments: National Glass, Inc. v. J.C. Penney Properties, Inc.: Waiver of Right to Pursue Mechanic's Lien Held Invalid as against Public Policy, Christopher R. Rahl

    PDF

    Recent Developments: Nautilus Insurance Co. v. Winchester Homes, Inc.: Pendency of a Related Action in State Court Is an Insufficient Reason Alone to Decline Consideration of a Federal Declaratory Judgment Action, Vicky L. Ivory Orem

    PDF

    Recent Developments: Needle v. White, Mindel, Clark & Hill: Trial Court's Decision to Sanction Reversed as Clearly Erroneous, Vasiliki Papaioannou

    PDF

    Recent Developments: Neifert v. Department of the Environment: The Denial of Wetland Fill Permits and Sewer Service Is Subject to Rational Basis Review under Equal Protection Analysis and Is Not Considered an Unconstitutional Taking, Jacqueline Callier

    PDF

    Recent Developments: Nelson v. State: Trial Judge's Refusal to Allow Presentence Investigation in a Serious Noncapital Case, in the Absence of Sound Reason, Is Abuse of Discretion, Suzanne R. Cohn

    PDF

    Recent Developments: Newark Morning Ledger Co. v. United States: An Intangible Asset with an Ascertainable Value and Limited Useful Life Is Depreciable, Paul J. Mantell

     

    Recent Developments: Newell v. Richards: Burden of Proof as to Statute of Limitations Defense Does Not Shift to Plaintiff Regardless of Findings of Health Claims Arbitration Panel, Mark K. Boyer

    PDF

    Recent Developments: New Hampshire v. Piper: Opens Doors to Bar Admission, Sam P. Piazza

    PDF

    Recent Developments: Newkirk v. Newkirk: In Child's Best Interest, Sibling Awarded Custody of Minor Children over Parent's Protest, Jonathan C. Levy

    PDF

    Recent Developments: Newman v. State: An Attorney's Disclosure under Rule 1.6 of the Maryland Rules of Professional Conduct Does Not Defeat a Client's Assertion of the Attorney-Client Privilege, Julia J. Messick

    PDF

    Recent Developments: New York v. United States: Take Title Provision of Low Level Radioactive Waste Policy Amendment Act Held Unconstitutional, Kristen L. Orff

    PDF

    Recent Developments: Nickens v. Mount Vernon Realty Grp., LLC: A Property Owner May Employ the Common Law Remedy of Peaceable Self-Help as a Means to Gain Possession of Real Property from an Occupant in Unlawful Possession; The Property Owner Must Act Reasonably When Taking Possession and Disposing of the Occupant's Personal Property, Robert S. Lewis

    PDF

    Recent Developments: Niroo v. Niroo: Anticipated Renewal Commissions on Insurance Policies Sold by a Spouse during the Marriage Are Marital Property, Peter T. McDowell

    PDF

    Recent Developments: Nissen Corp. v. Miller: Maryland Rejects the Continuity of Enterprise Theory in Determining Products Liability of Successor Corporations, Linda M. Googins

    PDF

    Recent Developments: Nnoli v. Nnoli: Appeal of a Denial of a Motion to Quash an Arrest Warrant Issued for Contempt Is a Non-Appealable Interlocutory Order, Ian Bartman

    PDF

    Recent Developments: Nobelman v. American Savings Bank: Debtor Who Files for Bankruptcy under Chapter 13 of the Bankruptcy Code May Not Reduce an Undersecured Homestead Mortgage to the Fair Market Value of the Mortgaged Residence, Maria Ellena Carey

    PDF

    Recent Developments: Noble v. Bruce: Testator's Beneficiaries May Not Maintain a Legal Malpractice Action against Testator's Attorney Where No Privity Exists between the Beneficiaries and the Attorney, Alexandra C. Clark

    PDF

    Recent Developments: Nollan v. California Coastal Commission: Nexus Approach Adopted When Government Attempts to Restrict Land Development, Stephanie L. Demchyk

    PDF

    Recent Developments: Norman v. Borison: Absolute Privilege Applied to Pleadings Distributed to the Press and Republished Online, and to Alleged Defamatory Statements Made by Attorneys of Record during the Course of, and Relevant to, Judicial Proceedings in a Proposed Class Action Suit, A. Lauren Cramer

    PDF

    Recent Developments: NOW v. Operation Rescue: Injunction Prohibiting Blocking Access to Abortion Facilities in Violation of Civil Rights Conspiracy Statute Upheld, Michael Scott Cohen

    PDF

    Recent Developments: Nussle v. Porter: Prison Inmates Are Required to Exhaust Administrative Remedies When Seeking Redress for General Circumstances or Particular Episodes of Alleged Excessive Force or Some Other Wrong, Mollie Shuman

    PDF

    Recent Developments: Office of the State Prosecutor v. Judicial Watch, Inc.: Grand Jury Investigation Materials Are Not Subject To "Vaughn Index" under Maryland Public Information Act Because the Act Does Not Trump Grand Jury Secrecy Rule, Brent Bolea

    PDF

    Recent Developments: Ogundipe v. State: A Verdict Sheet Does Not Constitute the Final Verdict; A Verdict Sheet Is Not a Communication within Maryland Rule 4-326(d) Requiring Disclosure of Its Contents to the Parties Prior to Dismissal of the Jury, Cassondra A. Zaleski

    PDF

    Recent Developments: Old Chief v. United States: Abuse of Discretion to Admit the Full Record of Prior Judgment of Conviction When Defendant Offers to Stipulate, Karen L. Sterner

    PDF

    Recent Developments: One 1988 Jeep Cherokee v. City of Salisbury: Court of Special Appeals Upholds Innocent Owner Defense to Forfeiture under Art. 27 § 297, Lisa M. Parkinson

    PDF

    Recent Developments: Optic Graphics, Inc. v. Agee: Maryland Court Defines "Trade Secret" and Determines When Sanctions Are Appropriate for Bad Faith Claim under Maryland Uniform Trade Secret Act, Michael E. Muldowney

    PDF

    Recent Developments: Oregon v. Elstad: The Cat Is Not out of the Bag, Tom Swisher

    PDF

    Recent Developments: Outmezguine v. State: Absence of Scienter Element under State's Child Pornography Statute Is Not Violative of the First Amendment, Lisa Y. Johnson

    PDF

    Recent Developments: Owens-Illinois v. Zenobia: Maryland Restructures the Law of Punitive Damages in Non-Intentional Tort Cases, Laurie Ann Garey

    PDF

    Recent Development: Spacesaver Sys., Inc. v. Adam: An Employment Agreement Containing a For-Cause Provision and an Indefinitive Term of Employment is a “Continuous For-Cause” Contract, Not an At-Will Employment Contract, Patrick F. Toohey

    PDF

    Recent Developments: Pacific Mutual Life Insurance Company v. Haslip: Massive Punitive Damages Award Intended To Punish And Deter Wrongdoers In Civil Suit Did Not Violate The Due Process Clause Of The Fourteenth Amendment, JoAnne M. Breslin

    PDF

    Recent Developments: Pack Shack v. Howard County: Zoning Ordinance Placing Burdensome Restrictions on Location and Operation of Adult Businesses Violates Article 40 of the Maryland Declaration of Rights and the First Amendment of the United States Constitution, Erin S. Galvin

    PDF

    Recent Developments: Pappaconstantinou v. State: The Common-Law Requirement That a Confession Be Voluntary Does Not Apply When a Private Individual Elicits a Confession, Jennifer Golub

    PDF

    Recent Developments: Parker v. State: Court of Appeals Reaffirms Commitment to Absolute Judicial Immunity for Judicial Acts, Julie Furst

    PDF

    Recent Developments: Park Station Limited Partnership, LLLP v. Bosse: A Gift of Land Is Not a Sale Triggering a Right of First Refusal and Rights of First Refusal Do Not Violate the Rule against Perpetuities, Darren Cooper

    PDF

    Recent Developments: Park v. Cangen Corp.: A Former Employee Compelled to Produce Documents Held in a Representative Capacity Cannot Refuse Compliance by Invoking His Fifth Amendment Privilege against Self-Incrimination, Mahesh Subramanian

    PDF

    Recent Developments: Patrick v. State: Results of Polygraph Tests Are Discoverable As "Scientific Tests", Paula L. Davis

    PDF

    Recent Developments: Patterson v. State: Trial Judge Not Obligated to Deliver a Missing Evidence Instruction to the Jury, D'Arcy Bymes

    PDF

    Recent Developments: Paulino v. State: An Otherwise Lawful Search of an Arrestee's Person Is Unreasonable under the Fourth Amendment When Conducted in a Public Place and in a Manner Highly Invasive of the Arrestee's Privacy Interest, Craig Bannon

    PDF

    Recent Developments: Pavelic & LeFlore v. Marvel Entertainment Group: Sanctions for Vloiation of Federal Rule of Civil Procedure 11 Only Apply to the Individual Signer, Richard E. Guida

    PDF

    Recent Developments: Payne v. Tennessee: Victim Impact Evidence Is Constitutionally Permissible in the Sentencing Phase of a Capital Trial, Belinda P. Gardner

    PDF

    Recent Developments: Pee Dee Healthcare, P.A. v. Sanford: Rural Health Care Providers Have a Right to Enforce Medicaid Reimbursement Programs by Suing State Officials Pursuant to 42 U.S.C. § 1983, Michael Gillman

    PDF

    Recent Developments: Peel v. Illinois: The First Amendment's Commercial Speech Standards Allow an Attorney to Advertise His Certification, Joan Ochoa

    PDF

    Recent Developments: Pennsylvania v. Muniz: Videotaped Evidence Can Be Admitted at the Criminal Trials of Drunk Drivers, Freddie J. Traub

    PDF

    Recent Developments: Philip Morris, Inc. v. Glendening: The Attorney General May Enter into Contingency Fee Contracts with Private Law Firms to Secure Representation for the State, Kimberly C. Pace

    PDF

    Recent Developments: Philip Morris USA, Inc. v. Christensen: A Class Action Claim Can Toll the Statute of Limitations for Individual, Unnamed Members of the Class as Long as the Defendant Is Provided with Sufficient Notice, Andrew Burnett

    PDF

    Recent Developments: Pines Point Marina v. Rehak: Upon Forfeit of a Corporate Charter, an Incorporated Council of Condominium Unit Owners Defaults to an Unincorporated Association, but Retains Its Right to Sue and Be Sued, Robert Miller

    PDF

    Recent Developments: Piselli v. 75th St. Medical: The Limitations Period for Bringing a Medical Malpractice Claim Does Not Commence Running against a Minor until He Reaches the Age of Majority, Bryan C. Hughes

    PDF

    Recent Developments: Pittman v. Atlantic Realty Co.: Court of Appeals of Maryland Rejects The "Sham Affidavit" Rule and Reinforces the Separate Functions of the Judge and Jury, Amy E. Askew

    PDF

    Recent Developments: Podberesky v. Kirwan: Proponent of a Race-Conscious Remedial Measure Must Demonstrate a Strong Basis in Evldence That Remedial Action Is Necessary and Narrowly Tailored to Meet Its Goals, Victoria Rife Shearer

    PDF

    Recent Developments: Pollitt v. State: The Parties' Express Consent Is Required To Appoint A Replacement For An Excused Juror When Alternate Jurors Have Not Been Chosen, Jeffrey D. Moffatt

    PDF

    Recent Developments: Pope v. Illinois: Supreme Court Redefines Value Test for Determining Obscenity, Susan Royston Turner

    PDF

    Recent Developments: Port v. Cowan: When Applying Maryland's Domestic Divorce Law, a Valid Same-Sex Marriage Performed out-of-State Is Recognized as Legitimate in Maryland under the Doctrine of Comity, Errin K. Roby

    PDF

    Recent Developments: Posadas De Puerto Rico Associates v. Tourism Co. of Puerto Rico: Supreme Court Upholds Constitutionality of Regulations Restricting Advertising Aimed at Puerto Rico Residents, Eric P. Macdonell

    PDF

    Recent Developments: Post v. Bregman: Rule of Professional Conduct Regarding the Splitting of Attorney's Fees May Extend beyond Disciplinary Proceedings, Gwendolyn S. Lubbert

    PDF

    Recent Developments: Potomac Elec. Power Co. v. Smith: Maryland's Cap on Noneconomic Damages Rendered Constitutional in Wrongful Death Actions, Thomas J. S. Waxler III

    PDF

    Recent Developments: Powell v. Maryland Aviation Admin.: Court's Finding of Guilt in Criminal Case May Be Used in State Administrative Hearing as Evidence of Misconduct, but May Not Be Given Conclusive Effect, Michael Campbell

    PDF

    Recent Developments: Powell v. State: When the Trial Court Record Sufficiently Demonstrates That a Criminal Defendant Knowingly and Voluntarily Waived His Right to a Jury Trial, the Trial Judge Does Not Need to State on the Record That the Defendant's Waiver Is Valid, Christopher Heagy

    PDF

    Recent Developments: Presley v. Etowah County Commission: Only Procedural Changes Directly Related to Voting and Election Processes May Offend Section 5 of the Voting Rights Act, Brett R. Wilson

    PDF

    Recent Developments: Price v. State: Inconsistent Verdicts in Criminal Jury Trials Are No Longer Permissible, Alison Karch

    PDF

    Recent Developments: Pridgeon v. Bd. of License Comm'rs for Prince George's County: Board of License Commissioners Was Statutorily Required to Hold a Hearing on Whether a Liquor License Should Be Renewed, Even Though the Protest Was Withdrawn Prior to the Hearing, Neal Desai

    PDF

    Recent Developments: Professional Responsibility—Ethical Duty of Counsel Who Believes Client's Witnesses Will Commit Perjury. State v. Mahoney, 16 Md. App. 193, 294 A.2d 471 (1972), Richard S. Miller

    PDF

    Recent Developments: Pro-Football, Inc. v. Tupa: An Employment Contract's Forum Selection Clause Cannot Preclude the Maryland Workers' Compensation Commission from Exercising Its Jurisdiction; A Professional Football Player's Injury Sustained While Working Is a Compensable "Accidental" Injury within the Meaning of the Maryland Workers' Compensation Act, Ellen A. Spielman

    PDF

    Recent Developments: Property—Coastal Shores—Private Property Rights Upheld over Claimed Public Right to Recreational Use of Beach—Implied Dedication, Easement by Prescription, Public Trust through Custom and Grant, and Doctrine of Submergence Not Applicable. Department of Natural Resources v. Mayor and Council of Ocean City, 274 Md. 1, 332 A.2d 630 (1975), James J. Nolan Jr.

    PDF

    Recent Developments: Property—Tenancy by the Entirety—Resulting Trusts—Proof of an Agreement between the Tenants Held Sufficient to Rebut Gift Presumption and Establish Resulting Trust in Favor of Purchasing Spouse, Ensor v. Ensor, 270 Md. 549, 312 A.2d 286 (1973), Jana H. Guy

    PDF

    Recent Developments: Prout v. State: Witness' Prior Convictions of Crimes Involving Moral Turpitude Not Admissible for Impeachment Purposes, Mark Scott Ledford

    PDF

    Recent Developments: Psychiatric Evaluations and the Sixth Amendment, Sam P. Piazza

    PDF

    Recent Developments: Questar Builders, Inc. v. CB Flooring, LLC: The Common Law Principles of Good Faith and Fair Dealing Apply to the Party Exercising Its Discretion to Terminate Private Party Contracts That Incorporate a "Termination for Convenience" Clause, K. Alice Young

    PDF

    Recent Developments: Rape Trauma Syndrome, Cathi Van de Meulebroecke

    PDF

    Recent Developments: Ratzlaf v. United States: To Establish That a Defendant "Willfully Violated" the Antistructuring Law, 31 U.S.C. § 5322(a) and § 5324(3) (1993), the Government Must Prove That the Defendant Acted with Knowledge That His or Her Conduct Was Unlawful, Amy Conrad

    PDF

    Recent Developments: Rausch v. Allstate Ins. Co.: A Tenant's Liability in a Subrogation Action Is Determined by the Reasonable Expectations of the Parties to the Lease, Nancy Chung

    PDF

    Recent Developments: R.A.V. v. City of St. Paul: City Ordinance Banning Cross Burnings and Other Symbols of Hate Speech Violates the First Amendment, Kim Germaine Judd

    PDF

    Recent Developments: Ray v. State: Under Maryland Rule 4-252, Failure to Raise a Claim of Unlawful Arrest in a Fourth Amendment Motion to Suppress Hearing Constitutes a Waiver of the Claim and Precludes Appellate Review, Absent a Finding of Plain Error, Nicholas B. Hawkins

    PDF

    Recent Developments: Reagan v. Rider: Stepparent Committing Child Abuse Liable for Intentional Infliction of Emotional Distress, Frank Borgerding

    PDF

    Recent Developments Recent Maryland Litigation, Nicolette Prevost and Lynn K. Caudle

    PDF

    Recent Developments: Reddick v. State: Sentencing Judge's Offer to Suspend Five Years Imprisonment upon Payment of Restitution to Victim's Family Violated Indigent Defendant's Equal Protection Rights, Paula L. Davis

    PDF

    Recent Developments: Reed v. Campagnolo: Maryland Recognized 'Wrongful Birth' Cause of Action When Physician Failed to Inform Patient of Availability of Genetic Testing and Fetus Born with Genetic Deformities, Laura V. Bearsch

    PDF

    Recent Developments: Reichs Ford Rd. Joint Venture v. State Rds. Comm'n of the State Highway Admin: During the Exercise of Eminent Domain, Damages Incurred from a Condemnor's Pre-Condemnation Conduct Eventually Resulting in Formal Condemnation Proceedings Can Generally Be Calculated as Part of the Condemnation Award's "Fair Market Value", McEvan H. Baum

    PDF

    Recent Developments: Reid v. State: The Use of a Taser in Dart Mode Subjects an Individual to the Custody and Control of Police, Thus Raising an Investigatory Stop to a De Facto Arrest Requiring Probable Cause; Without Probable Cause, Statements and Evidence Obtained after a De Facto Arrest Are Inadmissible, Megan K. Green

    PDF

    Recent Developments: Remedies—Measure of Damages for the Wrongful Death of a Minor Child. Barrett v. Charlson, 18 Md. App. 80, 305 A.2d 166 (1973), Stephen M. Hearne

    PDF

    Recent Developments: Remsburg v. Montgomery: A Leader of a Hunting Party Has No Duty to Protect a Victim of an Accident Resulting from the Negligence of a Hunting Party Member, Matthew F. Penater

    PDF

    Recent Developments: Reno v. Koray: Time Confined in a Treatment Center as a Condition of Release on Bail Does Not Qualify for Credit against Time Served under 18 U.S.C. § 3585(b), Cynthia L. Maskol

    PDF

    Recent Developments: Republic National Bank of Miami v. United States: Removal of the Res from the District Does Not Divest the Court of Appeals of Jurisdiction in an In Rem Forfeiture Action, Scott N. Alperin

    PDF

    Recent Developments: Reynolds v. State: Criminal Defendant's Statements during Interrogation May Be Admissible When Inspired by Altruistic Intent, Michael D. Snyder

    PDF

    Recent Developments: Rhaney v. University of Maryland Eastern Shore: A Landlord Does Not Owe His Tenant a Duty to Control the Tortious Acts of a Third Person Provided the Acts Are Not Foreseeable, Jennifer Lewandowski

    PDF

    Recent Developments: Rhoads v. Sommer: Attorney's Liens Are in rem Claims Which Survive a Client's Bankruptcy Discharge Even if No Notice Is Given Prior to the Bankruptcy, Terrence Decker

    PDF

    Recent Developments: Rice v. Paladin Enters. Inc.: The First Amendment Does Not Act as an Absolute Bar to a Finding of Liability in a Civil Aiding and Abetting Cause of Action, George E. Brown

    PDF

    Recent Developments: Richard Roeser Professional Builder v. Anne Arundel County: Purchase of Property with Zoning Restriction Is Not a Self-Created Hardship, Allisan Pyer

    PDF

    Recent Developments: Richmond v. Croson Co.: Supreme Court Invalidates Set-Aside Plan Designed to Provide Jobs for Minorities, Peter T. McDowell

    PDF

    Recent Developments: Rivera v. State: A Coram Nobis Petition, Resting on a Probation before Judgment, Where Deportation Is a Potential Collateral Consequence, May Be Denied if the Guilty Plea Was Made Knowingly and Voluntarily, in Satisfaction of Constitutional Demands, K. Alice Young

    PDF

    Recent Developments: Roberts v. State: Parties Must Be Afforded an Opportunity to Present Evidence Regarding Competency to Stand Trial, Victor A. Lembo

    PDF

    Recent Developments: Robinson v. Baltimore Police Dep't: Knowingly Making a False Statement Material to and during an Investigation of Prior Misconduct Has a One Year Statute of Limitations and, Therefore, Charges against an Officer Must Be Filed within One Year of the False Statement Coming to the Attention of the Appropriate Agency, Benjamin Joffe

    PDF

    Recent Developments: Robinson v. State: Statements Made to Internal Affairs Division of a Police Department Are Discoverable under Maryland's Version of the Jencks Doctrine, Anabelle Berges

    PDF

    Recent Developments: Romer v. Evans: Colorado Referendum Barring Sexual Orientation as a Discrimination Cause of Action Is Violative of the Fourteenth Amendment's Equal Protection Clause, Kevin M. Barner

    PDF

    Recent Developments: Romm v. Flax: Court of Appeals Rejects Literal Definition of "Void" as It Appears in the Context of the Real Property Article, Nicole M. Zell

    PDF

    Recent Developments: Rosenberger v. Rector and Visitors of the University of Virginia: State's Violation of Organization's Free Speech Rights Not Excused by the Necessity of Complying with the Establishment Clause, Peter A. Greenbaum

    PDF

    Recent Developments: Rosenberg v. Helinski: A Witness May Reiterate the Substance of His Testimony to Journalists outside a Courtroom, and His Remarks Remain Legally Privileged, Bonnie S. Laakso

    PDF

    Recent Developments: Rosenblatt v. Exxon: Previous Tenant of Commercial Property Not Liable to Subsequent Occupiers for Contamination of the Land, Garret P. Glennon Jr.

    PDF

    Recent Developments: Rubin v. State: Protection of Attorney-Client Privilege Does Not Apply to Location and Condition of Tangible Evidence Removed or Altered by Defense Counsel Even if It Implicates the Defendant, Kenneth A. Brown

    PDF

    Recent Developments: Ruffin v. State: Trial Judges in Criminal Trials Must Strictly Follow the Maryland Criminal Pattern Jury Instructions on the Presumption of Innocence and Reasonable Doubt or Risk Committing Reversible Error, Daniel Wechsler

    PDF

    Recent Developments: Rust v. Sullivan: Supreme Court Upholds Agency Regulations Prohibiting the Counseling, Referral or Provision of Information Concerning Abortion as a Method of Family Planning, Laura Melia

    PDF

    Recent Developments: Sasaki v. Class: Mention of Federal Statutory Cap on Non-Economic Damages during Closing Arguments by Plaintiff's Counsel Violated the Civil Rights Act of 1991, Latina Burse

    PDF

    Recent Developments: Schmerling v. Injured Worker's Ins. Fund: Monitoring and Recording Devices in Telephones Are Not Considered "Telephone Equipment" for the Purposes of the Maryland Wiretap Act's Telephone Exemption, Unless They Enhance Communication or Advance the Efficient Use of Telecommunication, Megan M. Bramble

    PDF

    Recent Developments: Schochet v. State: Maryland's Unnatural or Perverted Sexual Practices Statute Does Not Apply to Consensual, Noncommercial, Heterosexual Activity between Adults in Private, Mark K. Boyer

    PDF

    Recent Developments: Schochet v. State: Statute Prohibiting Unnatural and Perverted Sexual Practices Does Not Violate the Constitutional Right to Privacy When Applied to a Private Sexual Act between Consenting, Unmarried, Heterosexual Adults, Leo J. Keenan III

    PDF

    Recent Developments: Scott v. State: The Police "Knock and Talk" Procedure Is Valid When the Consent to Search Is Voluntary, Havalah Neboschick

    PDF

    Recent Developments: Sears, Roebuck & Co. v. Gussin: Creditor Does Not Have Right to Financial Records and Data in the Possession of Accountant, Where Client Does Not Provide a Valid Waiver to the Accountant-Client Privilege, Steven E. Shane

    PDF

    Recent Developments: SEC Relaxes Information Requirements for Resales of Restricted Securities under Rule 144, Jeb Stuart Fries

    PDF

    Recent Developments: Sedima, S.P.R.L. v. lmrex Company, Inc.: The Supreme Court Gives Its Approval to the Use of The Civil Rico Provisions, Marc Minkove

    PDF

    Recent Developments: Selected Opinions of the Maryland Attorney General, Samuel N. Shapiro, John B. Bratt, and John Magee

    PDF

    Recent Developments: Sell v. United States: Fifth Amendment Due Process Clause Does Not Allow Involuntary Administration of Antipsychotic Drugs to Render a Mentally Ill Defendant Competent to Stand Trial Where It Is Unknown Whether the Side Effects Are Likely to Undermine the Trial's Fairness, Larna M. Cutter

    PDF

    Recent Developments: Senate Bill 319: Assisted Suicide - Prohibition, John R. Muckelbauer

    PDF

    Recent Developments: Senate Bill 420: Workers' Compensation - Department of Natural Resources, Kofi Asamoah

    PDF

    Recent Developments: Senate Bill 480: Foster Care - Child Support Obligations, Martha Arango

    PDF

    Recent Developments: Senate Bill 505: Parking Access for Individuals with Disabilities, Catherine Bowers

    PDF

    Recent Developments: Senate Bill 554: Commercial Law - Year 2000 Commerce Protection Act, Anabelle Berges

    PDF

    Recent Developments: Serio v. Baltimore County: Felons Retain a Property Interest in Seized Firearms Even Though They Are Not Allowed to Possess Them, Patricia Mitchell

    PDF

    Recent Developments: Sessoms v. State: Test for Admitting Other Crimes into Evidence in Criminal Proceedings Does Not Apply to Crimes, Wrongs, or Acts Committed by Witness Who Testifies at Trial, Kristin E. Blumer

    PDF

    Recent Developments: Shapero v. Kentucky Bar Ass'n: Supreme Court Holds That a State May Not Categorically Prohibit Targeted, Truthful and Nondeceptive Lawyer Advertising, George I. Cintron

    PDF

    Recent Developments: Shapiro v. Shapiro: Marital Settlement Agreements Containing Preconditions for Modification May Not Be Judicially Modified Absent Those Circumstances, Amy B. Tate

    PDF

    Recent Developments: Sharrow v. State Farm Mutual Automobile Insurance Co.: Insurance Companies' Tortious Interference with Attorney Contingency Fee Contracts: A Broader Rule, Kevin S. Anderson

    PDF

    Recent Developments: Shenker v. Laureate Education, Inc.: Where Corporate Directors Exercise Non-Managerial Fiduciary Duties beyond Those Enumerated in Section 2-405.1(a) of the Corporations and Associations Article, They Remain Liable Directly to Shareholders for Any Breach of Those Fiduciary Duties, David Feliciano

    PDF

    Recent Developments: Sheppard v. State: Trial Judge May Not Impose a Condition of Probation That Usurps an Administrative Agency's Authority, Douglas May

    PDF

    Recent Developments: Sherwood Brands, Inc. v. Great Am. Ins. Co.: Under Section 19-110 of the Maryland Insurance Article, an Insurer Must Show Actual Prejudice in Order to Deny Coverage When an Insured Breaches the Policy's Claim Notice Provision, Jeffrey R. Maylor

    PDF

    Recent Developments: Shields v. Wagman: A Landlord Who Knew of the Viciousness of a Tenant's Dog, but Failed to Rid the Premises of Such Danger, May Be Liable for Injuries the Dog Inflicts on Invitees in the Common Areas of Property under the Landlord's Control, Kofi Asamoah

    PDF

    Recent Developments: Sifrit v. State: The State May Present Inconsistent Legal Theories at Separate Trials for a Single Crime if the Underlying Facts Are Consistent, Victoria Emanuele

    PDF

    Recent Developments: Simmons v. State: Manifest Necessity Existed to Grant a Mistrial Where Prejudicial Statements Regarding a Lie Detector Test Could Not Be Cured with an Immediate Instruction; Double Jeopardy Did Not Bar a Retrial, Brittany N. Hampton

    PDF

    Recent Developments: Simpler v. State: Police May Not Frisk a Suspect as a Matter of Routine Caution, There Must Be a Reasonable Suspicion That the Suspect Is Armed and Dangerous, Angela M. Vallario

    PDF

    Recent Developments: Sippio v. State: Medical Examiner's Testimony as to Murder Victim's Manner of Death Is Appropriate Where the Autopsy Report Has Been Admitted into Evidence, Cheryl F. Matricciani

    PDF

    Recent Developments: Slack v. Truitt: Presumption of Due Execution Attaches to a Will, despite the Absence of an Attestation Clause and May Only Be Overcome by Clear and Convincing Evidence That the Will Was Not Properly Attested, Jennifer Merrill

    PDF

    Recent Developments: Smallwood v. State: Rape Defendant's Knowledge That He Is HIV-Positive Is Insufficient to Prove Intent to Kill, Charles Kulfahl Jr.

    PDF

    Recent Developments: Smigiel v. Franchot: The General Assembly Has the Power to Enact Legislation That Is Contingent upon Passage of a Constitutional Amendment through Popular Vote That Would Allow Slot Machines in Maryland, Matthew Powell

    PDF

    Recent Developments: Smith v. Danielczyk: Police Officers Enjoy Qualified, Rather Than Absolute, Immunity for Defamatory Statements Made in the Application for a Search Warrant, Oyinade Koya

    PDF

    Recent Developments: Smith v. State: Defense Counsel Is Entitled to Comment on the Challenges of Cross-Racial Identification at Closing Argument When the Sole Basis for Conviction Is Eyewitness Testimony, Bryan Davis

    PDF

    Recent Developments: Snowden v. State of Maryland: Introduction of Testimonial Hearsay Statements Made by an Available Witness Who Does Not Testify Violates the Sixth Amendment's Confrontation Clause, Lama M. Cutter

    PDF

    Recent Developments: Solberg v. Majerle Mgmt.: Reasonable Accommodation for a Tenants' Disability by the Landlord May Be Limited, Maria N. Worthington

    PDF

    Recent Developments: Somuah v. Flachs: A Client Has Cause to Discharge an Attorney When the Client Has Any Good Faith Basis for Being Dissatisfied with the Attorney, Even Though the Attorney Had Performed Competently, Kofi Asamoah

    PDF

    Recent Developments: Southland Corp. v. Griffith: Fireman's Rule Inapplicable When a Police Officer Is a Business Invitee on the Premises, Kelly A. Casper

    PDF

    Recent Developments: Sprietsma v. Mercury Marine: Federal Boat Safety Act Does Not Preempt State Common Law Tort Claims, Carl Zacarias

    PDF

    Recent Developments: S & S Oil, Inc. v. Jackson: The Circuit Court's Failure to Present the Jury with a Separate Written Question for the Affirmative Defenses of Contributory Negligence and Assumption of the Risk on the Special Verdict Sheet Constituted Reversible Error, Errin K. Roby

    PDF

    Recent Developments: Staley v. Board of Education of Washington County: Attorney's Fees Allowed Even Though Amount Paid in Workers' Compensation Claim Exceeded Total Sum Due under a Modified Award, Christopher Hale

    PDF

    Recent Developments: Stanberry v. State: Drug Interdiction Search of Luggage Temporarily out of the Owner's Possession Violated the Fourth Amendment, Reginald L. Smith

    PDF

    Recent Developments: Stanford v. Kentucky: Imposition of Capital Punishment on an Individual for a Crime Committed at Sixteen or Seventeen Years of Age Does Not Violate Eighth Amendment, Mary Jo Murphy

    PDF

    Recent Developments: State Dep't of Assessment & Taxation v. N. Balt. Ctr.: A Nonprofit Organization Not Receiving Significant Private Donations May Be Eligible for a Charitable Properly Tax Exemption, Ed Biggin

    PDF

    Recent Developments: State Farm Mut. Auto. Ins. Co. v. Dehaan: A Victim Who Is Shot While Being Carjacked Is Not Entitled to Uninsured Motorist Benefits Because the Injuries Do Not Arise out of the Normal Use of a Vehicle, Jennifer Brennan

    PDF

    Recent Developments: State v. Allen: Felony-Murder Does Not Exist When the Felony Occurs as an Afterthought to the Act Causing Death, Emily King Watkins

    PDF

    Recent Developments: State v. Baby: A Woman May Withdraw Consent for Sexual Intercourse after Penetration, and Continuation of Sexual Intercourse after Withdrawal of Consent through Force or Threat of Force Constitutes Rape, Katlyn Hood

    PDF

    Recent Developments: State v. Bell: A Defendant's Knowing and Voluntary Waiver of a Jury Trial Does Not Require Specific in-Court Advice to Defendant with Respect to the Unanimity Requirement, Cheryl F. Matricciani

    PDF

    Recent Developments: State v. Booze: Trial Court Abused Its Discretion by Allowing State to Reopen Its Case at Rebuttal Stage to Present Cumulative and Corroborative Witness Testimony Which Impaired Defendants' Fair Trial Rights, Kimberly C. Foreman

    PDF

    Recent Developments: State v. Cain: Theft by Deception Is Complete When the Respondent Obtains Control of the Victims Property through the Agency of a Common Carrier in Maryland, Camela J. Chapman

    PDF

    Recent Developments: State v. Coates: Statements Made to a Medical Care Provider Are Not Admissible under the Statements Made for Medical Diagnosis or Treatment Hearsay Exception When the Declarant Was Unaware of the Purpose of the Statement, Neal Desai

    PDF

    Recent Developments: State v. Evans: A Warrantless Search Incident to Arrest Is Constitutional, Regardless of Whether the Police Intend to Charge the Defendant upon Apprehension, Stacey E. Burnett

    PDF

    Recent Developments: State v. Fisher: County Administrative Judge Is Not Required to Make Findings or Articulate Reasons Demonstrating That Postponement Was Warranted, Jerry W. Hyatt

    PDF

    Recent Developments: State v. Garlick: Confrontation Right Not Offended by Admitting Laboratory Test Results into Evidence without Technician's Testimony, Gregory R. Smouse

    PDF

    Recent Developments: State v. Giddens: Distribution of Narcotics Conviction Admissible to Impeach Credibility of Witness, Pamela J. Aud

    PDF

    Recent Developments: State v. Gorman: Court Upholds the Use of Peremptory Challenges to Strike Black Jurors When the Defendant Is White, Gregory J. Swain

    PDF

    Recent Developments: State v. Gray: Redacted Confession of a Nontestifying Codefendant Does Not Violate a Defendants's Sixth Amendment Rights, Marianna Ikonomou

    PDF

    Recent Developments: State v. Henson: Time between a First and Second Arrest Arising out of the Same Criminal Act Is Not Included in Speedy Trial Analysis if Charges Are Dismissed in Good Faith, Nicole L. Baines

    PDF

    Recent Developments: State v. Johnson: Conviction for Conspiracy Will Stand despite the Acquittal of All of Co-Conspirators in Prior Trial. The Rule of Consistency Is Inapplicable in Separate Trials, Virginia Pizza

    PDF

    Recent Developments: State v. Jones: Temporary Administrative Suspension of Driver's License Prior to a Drunk Driving Conviction Does Not Constitute Punishment under the Law of Double Jeopardy, Beverly I. Heydon

    PDF

    Recent Developments: State v. Lee: Application of the Inevitable Discovery Exclusion Exception Cannot Make Evidence Obtained through an Improperly Executed Narcotics Search Warrant Admissible, Carlin La Bar

    PDF

    Recent Developments: State v. Luckett: A Suspect's Waiver of His or Her Miranda Rights Becomes Invalid When a Police Officer Incorrectly Explains Those Rights, Rendering an Otherwise Proper Miranda Advisement Constitutionally Defective, Elisabeth Koloup

    PDF

    Recent Developments: State v. Randall Book Corp

    PDF

    Recent Developments: State v. Rucker: A Brief Investigatory Stop Is Not a Restraint on Freedom of Movement Characteristic of a Formal Arrest and Does Not Require Miranda Warnings, Ruthie Linzer

    PDF

    Recent Developments: State v. Sampson: Search of Garbage Placed for Collection in a Public and Readily Accessible Area Does Not Violate the Fourth Amendment, Michelle M. Owens

    PDF

    Recent Developments: State v. Santiago: In the Absence of a Jury Poll, a Criminal Defendant Has an Unwaivable Right to Have the Court Hearken the Verdict, Melissa Goldmeier

    PDF

    Recent Developments: State v. Sheldon: State Cross Burning Statute Held Unconstitutional, Kimberly A. Kelly

    PDF

    Recent Developments: State v. Smith: Incriminating Evidence Detected in a Secondary Frisk Is Not Admissible When No Weapons Are Detected in the Original Frisk, John Magee

    PDF

    Recent Developments: State v. Snowden: Hearsay Statements Made by Child Abuse Victims to a Social Worker May Not Be Admitted at a Criminal Trial through the Social Worker under Maryland's "Tender Years" Statute, Erica C. Mudd

    PDF

    Recent Developments: State v. Thompson: Repeat Drug Offender Who Successfully Completes Drug Treatment Program Is Not Required to Serve Remainder of Mandatory Jail Sentence, Kristen Coyle

    PDF

    Recent Developments: State v. Wiegmann: Domestic Relations Master Has No Authority to Order an Arrest of an Individual Found to Be in Contempt, Richard Dirk Selland

    PDF

    Recent Developments: State v. Williams: A Traffic Stop Will Be Constitutionally Permissible if It Is Based on Observations of a Police Officer That Give Reasonable Articulable Suspicion That a Traffic Law Has Been Violated, David Jimenez

    PDF

    Recent Developments: Sterry v. Bethlehem Steel Corporation: Employer Liability Outside of the Workmen's Compensation Act, Malinda S. Siegel

    PDF

    Recent Developments: St. Luke Evangelical Lutheran Church, Inc. v. Smith: Reasonable Attorney's Fees May Be Considered by the Jury When Awarding Punitive Damages, John A. Nolet

    PDF

    Recent Developments: St. Mary's Honor Center v. Hicks: Title VII Does Not Compel Judgment for Plaintiff Merely Because the Trier of Fact Rejects Defendant's Reasons for Adverse Employment Decisions, Kimberley S. Wright Jones

    PDF

    Recent Developments: Stoddard v. State: Trial Court's Requirement That the Defendant Testify before the Final Defense Witness Was a Violation of the Constitutional Right to Due Process and Right against Compelled Self Incrimination; It Was Not Error to Admit Evidence of a Defendant's Prior Bad Acts to Rehabilitate a Witness or Permit a Question Implying the Defendant Posed a Threat to a Child to Show a Witness's Motive to Falsify Testimony, Kayleigh Toth

    PDF

    Recent Developments: Stoddard v. State: When Deciding if an Implied Assertion Is Hearsay, the Intent of the Declarant Is Irrelevant if the Statement Is Offered to Prove the Truth of the Matter Asserted, Lee Wheeler

    PDF

    Recent Developments: Stouffer v. Reid: A Competent Inmate's Right to Refuse Medical Treatment Outweighs the Interests of the State Unless There Exists Substantial Evidence of Detrimental Effect to the Prison Community, Carrie Bohrer

    PDF

    Recent Developments: Strickler v. Greene: Reasonable Probability That Disclosure of Withheld Evidence Would Have Led to a Different Outcome at Trial Is Required to Obtain Relief under the Brady Rule, Rosemary E. Allulis

    PDF

    Recent Developments: Stringfellow v. State: Voir Dire Question Asking Potential Jurors Whether They Would Require Scientific Evidence in Order to Find the Defendant Guilty beyond a Reasonable Doubt Deprived the Defendant of a Fair and Impartial Jury; Sufficient Evidence of Handgun Possession Existed to Support the Convictions, Jennifer M. Williams

    PDF

    Recent Developments: Supervisor of Assessments v. Stellar GT: A Midcycle Revaluation of Real Property for Tax Assessment Purposes Must Be Caused by a Statutorily Specified Factor, David Coppersmith

    PDF

    Recent Developments: Suter v. Stuckey: Parties to a Domestic Violence Protective Order Entered by Consent Do Not Have the Right to an Appeal, Lydia Hu

    PDF

    Recent Developments: Swift v. State: When a Police Officer Blocks a Person's Path with a Police Vehicle and Performs a Warrants Check, and a Reasonable Person Would Believe That He or She Is Not Free to Leave the Police Presence, There Is a Seizure under the Fourth Amendment, Kevin Cox

    PDF

    Recent Developments: Tafflin v. Levitt: State Court Jurisdiction over Civil Rico Claims Not Preempted, David B. Applefeld

    PDF

    Recent Developments: Talbot County v. Miles Point Property: When a County Council Makes a Legislative Decision under the Authority of the Express Powers Act of the Maryland Constitution, Both the County Board of Appeals and the Circuit Court Lack Appellate Jurisdiction, Thereby Making a Writ of Mandamus an Inappropriate Avenue of Relief, Leslee Tingle

    PDF

    Recent Development: State v. Johnson: To Warrant an In Camera Review of a Victim’s Mental Health Records, a Defendant Must Offer a Factual Predicate to Show a Reasonable Likelihood That the Records Contain Exculpatory Information, April L. Inskeep

    PDF

    Recent Development: State v. Payne: Police Officer Needed to be Qualified as an Expert Witness to Testify as to the Function of Cell Phone Towers; Co=Defendants are not a Party Opponents for Hearsay Purposes, Allison Terry

    PDF

    Recent Developments: Taxiera v. Malkus: After-Born Illegitimate Children Have a Right to Establish Paternity of Their Deceased Putative Father, Steven B. Vinick

    PDF

    Recent Developments: Taylor v. State: A Conviction Following a Violation of a Defendant's Right to Be Present during Jury Communication Will Be Reversed Unless the Record Demonstrates a Lack of Prejudice to the Defendant, Martha Arango

    PDF

    Recent Developments: Taylor v. State: A Conviction for Possession of Marijuana Based on Circumstantial Evidence Must Establish a Reasonable Inference That the Defendant Exercised Dominion or Control over the Possessed Substance, Sean Patrick Casey

    PDF

    Recent Developments: Taylor v. State: Reliance on an Officer's Statement That Investigatory Cooperation Will Result in Special Treatment from the Prosecution Renders That Statement Involuntary and Inadmissible as Evidence, Peter McTernan

    PDF

    Recent Developments: Taylor v. State: Sentencing Restrictions for Repeat Offenders under Article 27, § 643 Are Mandatory Only for Twenty-Five Years, Kimberly A. Kelly

    PDF

    Recent Developments: Taylor v. State: Under Maryland Rule 5-806, a Party May Attack the Credibility of a Hearsay Declarant during the Cross-Examination of a Testifying Witness but May Not Present Proof of a Declarant's Misconduct, N. Tucker Meneely

    PDF

    Recent Developments: Temporary Staffing, Inc. v. J.J. Haines & Co.: Employer's Obligation to Pay Workers' Compensation Claims Is Determined by Contract between Temporary Staffing Agency and Employer, Scott H. Amey

    PDF

    Recent Developments: Texas v. Johnson: Flag-Burning as Protest Protected within Context of First Amendment, Brian M. Kurtyka

    PDF

    Recent Developments: The May Dep't Stores Company v. Harryman: "Business Premises" under Workmen's Compensation Extended, Margaret E. Swain

    PDF

    Recent Developments: The Right to Die, Lynn K. Caudle

    PDF

    Recent Developments: Thomas v. Commissioner: Addition to Tax Imposed on Unreported Income Obtained from Illegal Activities, Which Produced Criminal Sanctions, Is Not a Violation of the Fifth or Eighth Amendments, Kevin Barth

    PDF

    Recent Developments: Thomas v. State: A Defendant's Subjective Belief That Law Enforcement Officers Had Probable Cause to Arrest Him Does Not Make His Police Station Interview Custodial for Miranda Purposes; Rather, a Totality of the Circumstances Test Is Used to Determine Custody, Kristine L. Dietz

    PDF

    Recent Developments: Thomas v. State: Evidence of a Defendant's Refusal to Provide a Blood Sample Is Inadmissible to Show Consciousness of Guilt, Gage Lester

    PDF

    Recent Developments: Thompson v. Keohane: State Determinations of "In Custody" for Miranda Purposes Are Not Presumptively Correct under 28 U.S.C. § 2254(d) and Are Subject to Federal Review, Paul J. Wilson

    PDF

    Recent Developments: Thompson v. State: Jury Instructions Cannot Substantially Deviate from the American Bar Association's Criminal Justice Standards of the Maryland Pattern Jury Instructions, Edward C. Goodman

    PDF

    Recent Developments: Tierco Maryland, Inc. v. Williams: Injection of Racial Considerations Is Improper When Statements Are Irrelevant to the Causes of Action Pled or Relief Sought, John C. Morton

    PDF

    Recent Developments: Todd v. Mass Transit Administration: Common Carriers Have a Duty to Prevent Forseeable Assaults upon Passengers and to Aid Passengers in Danger, Brian Casto

    PDF

    Recent Developments: Torts—Punitive Damages—Allowed in Maryland for Wanton Disregard of Human Life. Smith v. Gray Concrete Pipe Co., Inc., 267 Md. 149, 297 A.2d 721 (1972), Lawrence D. O'Neill

    PDF

    Recent Developments: Towson University v. Conte: A Jury's Role in a Wrongful Discharge Case Does Not Include That of Ultimate Fact-Finder, Kimmeria Bayton

    PDF

    Recent Developments: Toyota Motor Manufacturing, Ky., Inc. v. Williams: Americans with Disabilities Act Requires Individual to Be Substantially Limited in Completeing Daily Tasks to Receive Benefits, Brandy Carter

    PDF

    Recent Developments: TransCare Md., Inc. v. Murray: A Commercial Ambulance Company Does Not Have Immunity under the Good Samaritan Act or the Fire and Rescue Act for the Negligent Actions of Its Employees, Nicholas B. Hawkins

    PDF

    Recent Developments: Trimper v. Porter-Hayden: Statute of Limitations in Asbestos-Related Wrongful Death Actions, Patricia Dart Brooks

    PDF

    Recent Developments: Troxel v. Granville: The Supreme Court Again Affirms the Fundamental Right to Parent, Traci Gladstone Corcoran

 
  • 1
  • 2
 
 

Search

Advanced Search

  • Notify me via email or RSS

Browse

  • Collections
  • Disciplines
  • Authors

Author Corner

  • Author FAQ
  • Submit Research

UB Links

  • University of Baltimore School of Law
  • University of Baltimore Law Library
  • Faculty Profiles
 
Digital Commons

Home | About | FAQ | My Account | Accessibility Statement