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Comments: Immigration and Modern Slavery: How the Laws of One Fail to Provide Justice to Victims of the Other
Get PDFOn the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd also appeals to “a sector of violent, organized criminal activity that operates in plain sight without notice . . . .” We call this human sex trafficking
Hearsay and the Confrontation Clause (2017)
Get PDFThis material is a part of a lecture delivered at the Maryland Judicial Center on May 11, 2017. It is an update of previous versions available at the following locations:
2016: http://scholarworks.law.ubalt.edu/all_fac/955/
2012: http://scholarworks.law.ubalt.edu/all_fac/924/
The material is a series of flowcharts that explain the nuances of hearsay law and the confrontation clause under Maryland law
Recent Development: Immanuel v. Comptroller of Maryland: The Maryland Public Information Act\u27s Financial Information Exemption and the Uniform Disposition of Abandoned Property Act\u27s Publication Provision Do Not Allow For Disclosure of Information Beyond What is Explicitly Permitted
Get PDFThe Court of Appeals of Maryland held that information beyond the scope required under the Uniform Disposition of the Abandoned Property Act\u27s publication provision cannot be disclosed in response to a request for information made under the Maryland Public Information Act. Immanuel v. Comptroller of Maryland, 449 Md. 76, 97-98, 141 A.3d 181, 194 (2016). The court also held that the information required to bze published under the Abandoned Property Act may not be ordered by value, because such ordering would reveal personal financial information. Id. at 97, 141 A.3d at 194. Lastly, the court held that the intermediate appellate court properly required petitioner to modify his request to be consistent with the Maryland Public Information Act\u27s financial information exemption. Id.
On November 3, 2011, Henry Immanuel ( Immanuel ) submitted a request for information held by the Comptroller of Maryland ( Comptroller ). The request sought the names and addresses of individuals who held the 5,000 largest unclaimed abandoned property accounts, ordered by value. The Comptroller denied Immanuel\u27s request, and determined that the information fell under the Maryland Public Information Act\u27s ( MPIA ) financial information exemption
Left Behind: How the Absence of a Federal Vacatur Law Disadvantages Survivors of Human Trafficking
Get PDFAfter a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John\u27s University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a way to earn quick money, and told her he would act as her protection from the men in theclubs. Desperate to return to school and put at ease by Davis\u27s charming and intelligent demeanor, Shamere accepted his offer.Shamere became even more convinced of the sincerity of Davis\u27s promises after making $300 in less than two hours on her first night in a New Jersey strip club. Energized by the prospect of making the money she needed far more quickly than she had anticipated, Shamere accepted Davis\u27s offer to travel from the club to a house party in Brooklyn where she could earn additional income by dancing for the men in attendance. When one of the men at the house requested a sex act from her, Shamere spoke harshly to him, which Davis overheard. Instead of protecting her as she expected he would, Davis pulled Shamere to the side and demanded she do as the man requested. When she protested, Davis told her that if she tried to leave, he\u27d make sure she never made it out alive. Later that night, he threatened to kill Shamere\u27s family if she disobeyed him again, then choked her to the point of unconsciousness
THE PERSISTENCE OF THE CONFEDERATE NARRATIVE
Get PDFEver since the United States was reconstituted after the Civil War, a Confederate narrative of states’ rights has undermined the Reconstruction Amendments’ design for the protection of civil rights. The Confederate narrative’s diminishment of civil rights has been regularly challenged, but it stubbornly persists. Today the narrative survives in imprecise and unquestioning odes to state sovereignty. We analyze the relationship, over time, between assertions of civil rights and calls for the protection of local autonomy and control. This analysis reveals a troubling sequence: the Confederate narrative was shamefully intertwined with the defense of American chattel slavery. It survived profound challenges raised by post-Reconstruction civil rights claimants and by mid-twentieth century civil rights movements. It reemerges regularly to pose questionable but unanswered challenges to calls for national protection of civil rights. Our examination of the Confederate narrative’s jurisprudential effects exposes an urgent need to address the consequential but under-recognized tension between human and civil rights in the United States on the one hand and local autonomy on the other
The Concept of Democracy and the European Convention on Human Rights
Get PDFThe European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. With this in mind, the article considers the appropriate elements of the Convention which directly concerns democratic values. To that end, the article critically examines the relevant Articles of the Convention on the notion of democracy as well as on the jurisprudence of the European Court of Human Rights. Furthermore, in recent decades, the Convention has made a telling contribution in relatıon to transition to peace and democracy in the former communist Eastern European states
States Will Be Big Fans: A State Driven Regulatory Process For Offshore Wind Development Off U.S. Coastlines
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More Work to Be Done on Md. Bail Reform
No full textOn Tuesday, Maryland\u27s highest court took a significant step to improve our state\u27s criminal justice system. Prompted by a legal opinion in which Attorney General Brian Frosh questioned the constitutionality of current bail procedures, the Court of Appeals unanimously confirmed that defendants should not be held in jail before trial just because they are too poor to post a bond.
The court\u27s action caused me to recall my first legal job, as an assistant district attorney in Manhattan. One of my duties was to represent the government at arraignment hearings for people arrested on charges ranging from murder to shoplifting. This was where a judge typically set bail — the price of pretrial release. The ability of defendants to pay this price determined whether they would return home to prepare for trial or be locked up in the city\u27s hellish jail on Rikers Island