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Maryland Rules of Evidence, 2013-2014 Fourth Edition

Lynn McLain

An excellent companion to Maryland Evidence, State and Federal, 3d, this Maryland Rules of Evidence volume provides a concise overview of Maryland's evidence rules. You will find detailed discussion of each rule, with cross-references to Maryland Evidence. The book contains three parts:
- A summary of Title 5 of the Maryland Rules
- The text of Title 5, with official source notes, committee notes, and author's commentary
- Comparisons of Federal Rules of Evidence, Maryland Rules, and Uniform Rules of Evidence
Deletions and additions made by the Maryland Court of Appeals are highlighted, and an alphabetical subject matter index helps facilitate the location of the applicable rules.
Maryland Criminal Procedure

Byron L. Warnken

Maryland Criminal Procedure is the culmination of 35 years of teaching, writing, and practicing by University of Baltimore School of Law Professor Byron L. Warnken.

See the Kindle store for the digital edition.

The three-volume treatise contains more than 10,000 cases, rules and statutes, yet easily breaks down specific topic areas.

In the foreword, Hon. Charles Moylan says, "For trial and appellate judges, for seasoned prosecutors and defense attorneys, and for those lawyers who are called into the criminal courts only occasionally, it will be a destination for 'one stop shopping' ..."
Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment

John Bessler

The conventional wisdom is that the founders were avid death penalty supporters. In this fascinating and insightful examination of America’s Eighth Amendment, law professor John D. Bessler explodes this myth and shows the founders’ conflicting and ambivalent views on capital punishment. Cruel and Unusual takes the reader back in time to show how the indiscriminate use of executions gave way to a more enlightened approach—one that has been evolving ever since. While shedding important new light on the U.S. Constitution’s “cruel and unusual punishments” clause, Bessler explores the influence of Cesare Beccaria’s essay, On Crimes and Punishments, on the Founders’ views, and the transformative properties of the Fourteenth Amendment, which made the Bill of Rights applicable to the states. After critiquing the U.S. Supreme Court’s existing case law, this essential volume argues that America’s death penalty—a vestige of a bygone era in which ear cropping and other gruesome corporal punishments were thought acceptable—should be declared unconstitutional.
Mobilizing the Press: Defending the First Amendment in the Supreme Court

Eric Easton

Mobilizing the Press examines the role of the press in constitutional litigation before the United States Supreme Court to shape the First Amendment doctrine that forms the legal environment in which journalists operate. The book shows that the Court has consistently ruled in favor of the press's interpretation of the First Amendment on publishing issues such as prior restraints, libel, and privacy, but has not been persuaded that the First Amendment protects newsgathering, as in reporters' privilege, cameras in courtrooms, and ride-along cases. The book focuses on three important case studies and surveys the evolution of constitutional press law before and between the case studies. It demonstrates how the institutional press has played a significant, if not always decisive, role in that evolution. Eric B. Easton is Professor of Law at the University of Baltimore School of Law, where he has taught Communications Law, Legal Writing, and other subjects for 20 years. Before joining the UB faculty, he taught Media Law, Reporting, and Editing at Loyola University-Maryland. He has also taught Comparative Media Law at the University of Aberdeen, Scotland, and Copyright and Constitutional Law at Shandong University, China, and Comparative Cyberlaw at the University of Curaçao. He has been a visiting scholar at the Journalism Institute of the Chinese Academy of Social Sciences in Beijing. Before joining the academy, Professor Easton was a professional journalist for more than 20 years. He currently serves as editor of the scholarly Journal of Media Law & Ethics and as a member of the editorial advisory board of The Daily Record, Maryland's business and legal newspaper. Professor Easton holds a B.S. from the Medill School of Journalism, Northwestern University, a J.D. from the Francis King Carey School of Law, University of Maryland-Baltimore, and a Ph.D. from the Philip Merrill College of Journalism, University of Maryland-College Park. He has authored more than 15 law review articles and delivered a similar number of academic presentations in this country and overseas. He was also the general editor of the second edition of the American Bar Association's Sourcebook on Legal Writing Programs.
Wrong and Dangerous: Ten Right-Wing Myths about Our Constitution

Garrett Epps

The primary purpose of the United States Constitution is to limit Congress. There is no separation of church and state. The Second Amendment allows citizens to threaten the government. These are just a few of the myths about our constitution peddled by the Far Right—a toxic coalition of Fox News talking heads, radio hosts, angry “patriot” groups, and power-hungry Tea Party politicians. Well-funded, loud, and unscrupulous, they are trying to do to America’s founding document what they have done to global warming and evolution—wipe out the facts and substitute partisan myth. In the process, they seek to cripple the right of We the People to govern ourselves. In Wrong and Dangerous, legal scholar Garrett Epps provides the tools needed to fight back against the flood of constitutional nonsense. In terms every citizen can understand, he tackles ten of the most prevalent myths, providing a clear grasp of the Constitution and the government it established.
Partnership Taxation, Third Edition

Richard Lipton, Paul Carman, Charles Fassler, and Walter D. Schwidetzky

Partnership Taxation is one of several releases from the LexisNexis Graduate Tax Series. This book contains a thorough discussion of the rules of partnership taxation - when a partnership exists, the tax treatment of contributions to a partnership, the basis of partnership assets and interests in a partnership, how income is allocated to the partners, the tax treatment of distributions, the consequences of partnership liabilities, partnership mergers, the retirement of a partner and dissolution of the partnership. There is also significant attention paid to the numerous "anti-abuse" rules that have been adopted by Congress and the IRS over the past several decades, including the disguised sale rules, the treatment of "mixing-bowl" transactions, the complex rules to prevent basis abuse, and the overriding "partnership anti-abuse regulations" adopted by the IRS. In addition, this book explores one of the fundamental questions that always arises in partnership taxation: Is a partnership to be treated as a separate taxable entity or an aggregate of its partners? The tension between entity and aggregate treatment of a partnership is one of the recurring issues in determining the tax consequences of partnership transactions. In addition to bringing the book up-to-date with the latest tax law changes and expansion of several chapters, the Third Edition contains new chapters on family partnerships, the death of a partner, and S corporations. It provides an extended discussion of allocation methods that do not have substantial economic effect, but are designed to be in accordance with the partners' interests in the partnership; series LLCs and their recently proposed regulations are also discussed in detail. The text is now suitable for both a "basic" partnership tax course (if partnership tax can ever be thought of as basic), as well as an "advanced" partnership tax course. The Teacher's Manual provides suggested syllabi for both courses.
Evidence Law Analyzed: Principles, Problems, and Cases Under the Federal and Maryland Rules, Second Edition

Lynn McLain

Evidence Law Analyzed (2nd ed.) provides explanations of and problems regarding each area of evidence addressed by the Federal Rules of Evidence, all of which are covered by the Multi-State bar examination. The author gives special emphasis to the determination of hearsay v. nonhearsay, the new analysis of the confrontation clause after Crawford v. Washington, and preservation of the record for appeal. She also highlights differences between the federal rules and the state evidence code found in Title 5 of the Maryland Rules. Flow charts on hearsay and the confrontation clause are included. Problems and questions are designed to test readers' understanding of the evidence rules and the policy decisions underlying them. The author encourages readers to analyze how the evidence rules shape litigation outcomes and whether either the federal or Maryland rules should be revised. The book includes landmark cases, as well as recent case law exemplifying the application of the rules. Evidence issues are best won at trial. So that students may see the rules applied in the context of complete trials, appendices set forth two trial transcripts, one criminal and one civil, to which references are made throughout the text. About the author: Lynn McLain, Professor and Dean Joseph Curtis Faculty Fellow Emerita at the University of Baltimore School of Law, earned her J.D., with distinction, from Duke Law School. She has received several teaching awards at the University of Baltimore, is a life fellow of the Maryland Bar Foundation, and is a frequent lecturer at the Maryland Judicial Institute. Professor McLain is the author of a widely-cited three-volume treatise on the Maryland and Federal Rules of Evidence as well as another book devoted solely to the Maryland Rules of Evidence. She served as a Special Reporter to the Maryland Court of Appeals' Rules Committee during the drafting and adoption of Maryland's code of evidence. Professor McLain has continued as a consultant to the Rules Committee on evidence issues and has been active in evidence law reform efforts in Maryland, particularly regarding witness child abuse and witness intimidation.
Endowed by Our Creator: The Birth of Religious Freedom in America

Michael I. Meyerson

The debate over the framers’ concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic.

Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value. Now it is for us, Meyerson concludes, to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.
Parochialism, Cosmopolitanism, and the Foundations of International Law

Mortimer N.S. Sellers

Summary: "This book determines the boundary between parochial and cosmopolitan justice. To what extent should law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment or exemptions or heightened duties under international law. Parochialism and cosmopolitanism are the two faces of international law, which recognizes our common humanity by protecting us in our differences"-- Provided by publisher.
Basic Legal Research: Tools and Strategies, Fifth Edition

Amy E. Sloan

This best-selling coursebook on legal research is known for its clear, step-by-step instruction in the basics. Using a building-block approach, the text breaks material into discrete, readily comprehensible parts. Self-contained chapters on sources make the book flexible for any type of legal research course. Useful pedagogy throughout the text includes end-of-chapter checklists, clear examples, and summary charts. Helpful sample pages and examples of research sources guide students through the presentation, and an accompanying workbook provides exercises to test comprehension. The Fifth Edition provides thoroughly updated coverage of the research platforms such as WestlawNext, Lexis Advance, and Google Scholar, including the most current information about their features and use.
Fundamentals of Estate Planning

Angela M. Vallario

Written specifically for those in the state of Maryland (or studying Maryland estate planning), Fundamentals of Estate Planning provides a unique opportunity to bring the practical aspect of estate planning into the classroom. The casebook provides text, relevant Maryland and Federal Statutes, forms and checklists used to interview and draft estate planning documents. Major topics include drafting of wills, testamentary trusts, inter vivos trusts, powers of attorney and advanced medical directives for tax sensitive and non-tax sensitive client scenarios. Additionally the casebook provides an overview of the ancillary issues including Medicaid, guardianship, estate administration, income taxation of trusts and estates, and estate litigation. The book is accompanied by a CD which contains sample forms.
Maryland Criminal Pattern Jury Instructions, Second Edition

Byron L. Warnken

Prepared by the MSBA Standing Criminal Sub-Committee on Maryland Pattern Jury Instructions, the Second Edition contains more than 180 jury instructions accompanied by comprehensive comments explaining the appropriate constitutional, statutory, court rule and case authority supporting the instruction. The instructions are impartial, accurate statements of the law, understandable by the average juror.

In addition to instructions on specific criminal offenses, the book includes: introductory and cautionary instructions; general instructions; evidentiary instructions; and instructions as to defenses, parties and verdict sheets.

The book further serves as an excellent primer on evidence, burden of proof, and the elements of criminal offenses. The book is also made easy to use with a comprehensive table of authorities, table of cases, and index.

What’s New in the Second Edition?

The Committee has made major revisions for the Second Edition with substantial changes to nearly 80 percent of the instructions. The notes on use and commentary also include substantial changes. The more than 180 jury instructions include over 11 new instructions as well as over 33 retitled instructions. The Second Edition also includes a CD with all the instructions formatted in rich text format (fully compatible with WordPerfect® or Microsoft Word® format), saving you hours of time! The instructions are up to date, providing an invaluable aid to the busy practitioner!

What’s New in the 2013 Supplement?

The NEW 2013 Supplement to the Second Edition adopts 4 revised instructions, 7 brand new instructions, and includes updated, expanded annotations. Of primary importance, revised Instruction 2:02 affects all criminal trials, by adding explicit requirements for jury instructions regarding reasonable doubt in response to the invitation of both the Court of Appeals and the Court of Special Appeals in Carroll v. State, 428 Md. 679, 53 A.3d 1159 (2012), aff'g 202 Md. App. 487, 32 A.3d 1090 (2011). The Committee included other new and revised instructions to clarify current statutory and common law regarding homicide (transferred intent, second degree felony murder), theft (possession of stolen property), trespass (wanton trespass on private property), and narcotics and controlled dangerous substances (possession with intent to distribute CDS, fraudulently obtaining CDS, crimes involving faked CDS, false prescription, use of minor related to CDS, and CDS crime near school). The 2013 Supplement is accompanied by a replacement Instructions Table, Table of Cases, Table of Authorities, and Index, as well as a completely updated Instructions CD, which contains the text of all instructions as of the 2013 Committee revisions.
Federal Taxes on Gratuitous Transfers: Law and Planning

Joseph M. Dodge, Wendy G. Gerzog, and Bridget J. Crawford

This book deals with the federal income tax as it bears on gratuitous transfers and with the federal wealth transfer taxes. The federal wealth transfer taxes presently consist of a partially unified estate and gift tax and a generation-skipping tax. The federal transfer tax system is separate and apart from the federal income tax.

Features:
- Emphasis on text, statutes, and regulations, rather than cases (especially cases that involve routine application of law to facts)
- "Building block" organization (simple to complex estates), rather than segmented organization according to Code sections.
- Extensive use of questions and problems to aid students
- High-profile authorship in Joseph M. Dodge (a highly regarded tax specialist), Wendy C. Gerzog, and Bridget J. Crawford (both well-established in the field)
- The book reconstitutes the Estate and Gift tax course from the ground up in light of modern estates practice. For example, special valuation rules are treated as basic, as opposed to being just "tacked on" as other books treat them.
- More emphasis on valuation and use of FLPs than in other books. Valuation is introduced early on and integrated with other material
- Integration of related income tax materials, including income taxation of estates and trusts
- Relation of tax doctrine to tax planning strategies
- Focus on doctrine that influences the practice of estate and trust law, rather than doctrine for its own sake
- Reference to state law (including recent developments) as it bears on transfer tax issues, with full coverage of issues raised by community property systems
Failures of American Civil Justice in International Perspective

James Maxeiner, Gyooho Lee, and Armin Weber

American civil justice fails to meet the nation's needs. America's eighteenth century founders expected of the nation's future civil justice system that everyone "ought to obtain right and justice freely, without sale, completely and without denial, promptly and without delay." Few lawyers today would say that American civil justice fulfills the founders' expectations. Some say that it is oppressive and unjust. Many have given up the goals that the founders set. America's reformers have run out of ideas. They have no proven models for fixing what they know is broken. This book provides a comparative critical introduction to civil justice systems in the United States, Germany, and Korea. It shows shortcomings of the American system and compares them with German and Korean successes. The book shows foreign systems as a source of ideas that are proven to work. The book informs general readers as well as specialists.
A Matter of Dispute: Morality, Democracy, and Law

Christopher J. Peters

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Principles and Practice of Maryland Administrative Law

Arnold Rochvarg

For over a decade, Maryland judges and attorneys have relied upon and cited Professor Arnold Rochvarg's previous books and journal articles to understand and decide Maryland Administrative Law cases. Rochvarg's new book, Principles and Practice of Maryland Administrative Law is the essential source required for all attorneys in Maryland who represent clients at the Office of Administrative Hearings and in cases in the courts involving Administrative Law. The book explains and analyzes all the relevant law necessary to represent clients in the myriad of matters that are governed by principles of Administrative Law. This law and the governing procedures are much different than those followed in civil and criminal court cases. The Appendices set forth the needed primary sources including the new procedural rules of the Office of Administrative Hearings. No lawyer practicing in Maryland can afford to practice in Maryland without having a copy of this book. In addition, because the Maryland central panel approach has been adopted by over half the states and the District of Columbia, this book is a useful tool for lawyers outside of Maryland.
Basic Legal Research Workbook, Fourth Edition

Amy E. Sloan and Steven D. Schwinn

Basic Legal Research Workbook, Fourth Edition, teaches students about the research process and the scope and organization of research materials available to them. With balanced coverage of traditional print and current electronic sources, this proven-effective workbook encourages independent, experiential learning through well-crafted problems that develop gradually in complexity. Now in its fourth edition, this thoughtful revision features a new page design that is exceptionally attractive and readable. Updated throughout, with new problem sets for all of the exercises, the Fourth Edition covers the latest user interface improvements from Westlaw Next and LexisNexis.
Benchbook on Substance Abuse and Addiction for Family Courts

Barbara A. Babb, Gloria Danziger, and Judith D. Moran

When an individual comes to family court, the underlying reasons he or she is there may not be readily apparent. Often, substance abuse and addiction are major factors in family court proceedings, inflicting upon families and children the same destructive and debilitating consequences as they do on those involved with the criminal justice system.

Yet the problem of substance abuse and addiction remains largely unaddressed in the nation’s family courts. Only 24% of judges and masters surveyed in Maryland ask court staff for information on an individual’s use of alcohol and other drugs. Of those surveyed, 88% said that they would benefit from further training on substance abuse and addiction.
Basic Legal Research Workbook, Revised Third Edition

Amy E. Sloan and Steven D. Schwinn
A Truancy Court Program Toolkit

Barbara A. Babb, Gloria Danziger, Leigh Dalton, Anthony Green, and Arion Alston

Truancy is the first and best indicator that a student is headed for trouble. Statistics show that habitual truancy is the beginning of a downward spiral: truancy, poor performance on standardized tests, falling behind socially, losing interest in and connection to school, dropping out, juvenile delinquency, substance abuse and, eventually, adult criminality. That’s why communities across the country are working hard to reduce truancy.

The University of Baltimore School of Law Center for Families, Children and the Courts (CFCC) has developed an innovative Truancy Court Program that engages volunteer judges in an intensive, 10-week, in-school program for elementary and middle school students. Judges, counselors and education specialists team up with truant students, services providers, parents, teachers and principals to improve overall school attendance. The goal is not to punish students who miss school but to understand—and to practically address—why they are not there.
Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates

Jean Bruggeman and Elizabeth Keyes

The American Bar Association is pleased to provide you with Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys & Advocates, which we hope will serve as an important and timely resource for you in your practice representing human trafficking victims. This publication was developed pursuant to a generous grant from the ABA Enterprise Fund, as part of a collaborative effort by several ABA entities aiming to provide attorneys with leadership and training to better represent victims of human trafficking.
Peyote vs. the State: Religious Freedom on Trial

Garrett Epps

The story of the constitutional showdown over Native Americans’ religious use of peyote

With the grace of a novel, this book chronicles the six-year duel between two remarkable men with different visions of religious freedom in America.

Neither sought the conflict. Al Smith, a substance-abuse counselor to Native Americans, wanted only to earn a living. Dave Frohnmayer, the attorney general of Oregon, was planning his gubernatorial campaign and seeking care for his desperately ill daughters. But before this constitutional confrontation was over, Frohnmayer and Smith twice asked the U.S. Supreme Court to decide whether the First Amendment protects the right of American Indians to seek and worship God through the use of peyote. The Court finally said no.

Garrett Epps tracks the landmark case from the humblest hearing room to the Supreme Court chamber—and beyond. This paperback edition includes a new epilogue by the author that explores a retreat from the ruling since it was handed down in 1990. Weaving fascinating legal narrative with personal drama, Peyote vs. the State offers a riveting look at how justice works—and sometimes doesn’t—in America today.
The Internationalization of Law and Legal Education

Jan Klabbers and Mortimer N.S. Sellers

The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
Family Mediation: Theory and Practice

Jane C. Murphy and Robert Rubinson

This new innovative book provides students with the basic grounding in theories and skills of family mediation. Coverage includes:

• Approaches to mediating a range of family law disputes;

• When family mediation may or may not be appropriate;

• Family mediation legislation;

• Special family law mediation issues;

• The role of lawyers in family mediation;

• Ethical considerations; and

• How mediation fits in the context of other family law trends.

This book is appropriate for skills courses and clinics focusing on family mediation as well as family mediation seminars.
The Rule of Law in Comparative Perspective

Mortimer N.S. Sellers and Tadeusz Tomaszewski

This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics.

This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power of the state.