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Recent Development: Preston v. State: Reasonable Protective Housing Provided to a State\u27s Witness is Not a Benefit Within the Meaning of Maryland Criminal Pattern Jury Instruction 3:13
Get PDFThe Court of Appeals of Maryland held that a “benefit,” as used in Maryland Criminal Pattern Jury Instruction 3:13, is “something akin to” a direct, quid pro quo exchange for a State’s witness’s testimony. Preston v. State, 444 Md. 67, 85, 118 A.3d 902, 913 (2015). The court of appeals further held that reasonable protective housing provided to a State’s witness, by itself, is not a “benefit.” Id. at 85, 104, 118 A.3d at 913, 924. The court also concluded that moving a State’s witness into protective housing, at State expense, was “not unreasonable.” Id. Accordingly, the court affirmed the trial court’s omission of a particularized witness credibility instruction that would have directed the jury to consider the housing accommodations a witness received
Comment: De Facto Parents in Maryland: When Will the Law Recognize Their Rights?
Get PDFRachel and Allison were in a committed same-sex relationship beginning in 1990. Although they never legally married, the couple decided to manifest their love by having a child in 2001. Rachel and Allison both agreed that Rachel would carry the child by way of an anonymous sperm donor. Their child, Kevin, was born on September 3, 2002. Allison was present in the delivery room and even cut the umbilical cord. From the time Kevin was born until the summer of 2009 when Rachel and Allison ended their relationship, the couple equally raised and cared for Kevin, sharing all major and minor decisions concerning him. Kevin refers to Rachel as “mommy” and Allison as “mama.”
After nineteen years of their relationship, Allison moved out of their shared residence, leaving Kevin with Rachel. Directly following their separation, Allison was able to visit with Kevin three days per week. After only two months of this visitation agreement, Rachel refused Allison further contact with Kevin, prompting Allison to seek judicial relief. However, the jurisdiction that both parties live in does not recognize the parent-child relationship that Allison has with Kevin. Therefore, Allison cannot have contact or visitation with Kevin, without Rachel’s approval.
While the above narrative is fictional, it is analogous to many real accounts of de facto parents. The situation presented and the problems that derive from it are issues that many individuals in traditional relationships, as well as in same-sex relationships, have to deal with because of the lack of recognition of de facto parenthood
Recent Development: Seal v. State: Pursuant to § 10-402(C)(2)\u27s Exception to the Wiretap Ban, an Individual is Not Under the Supervision of an Investigative or Law Enforcement Officer When Intercepting an Oral Communication, Absent Restrictions on Equipment Use and Some Subsequent Contact.
No full textThe Court of Appeals of Maryland held that a detective providing recording equipment to an individual, absent any limitations for use and no interaction thereafter, did not amount to the individual acting under supervision of an investigative or law enforcement officer. Seal v. State, 447 Md. 64, 80, 133 A.3d 1162, 1172 (2016). The court found that guidelines must be given to the person conducting the wiretapping, as well as at least some contact to monitor the progress. Id. at 79-81, 133 A.3d at 1172
Session A: Courage and Creativity in Legal Scholarship
No full textLed by Shari Motro, University of Richmond School of La
Testimony Before the House Committee on Science, Space and Technology
Get PDFThank you for the opportunity to testify today. I served in the House General Counsel’s office in 1984-1995, becoming General Counsel (Acting). (Since 1995, I have been Professor at the University of Baltimore School of Law,)
So, I have lengthy fulltime experience, including extensive work on Congressional subpoenas. My work takes in whether the House, or this Committee, may justifiably try to enforce subpoenas against state Attorneys General (the answer being: no). I have had more years of experience than almost anyone else in House history focused on this area. While the other professors on this panel have done various things, none has been the House General Counsel. I stood behind the dais of committees many, many times, which few did, advising Chairmen on the legitimate lawful use of Congressional oversight authority
Superiority of Remediation Liens: A Cure to the Virus of Blight
Get PDFBlight in a neighborhood is like a virus that spreads throughout the community. If left unchecked, that virus will destroy the community. In cities like Detroit, the spread of blight has ruined the economy and led to a dramatic plunge in population and the underfunding of city services. Blighted communities have transformed into vast swathes of abandoned properties that attract crime and create hazardous conditions to anyone who dares to remain in them. Although cities like Detroit have received exceptional media attention due to their overwhelming problems, blight continues to affect Detroit and communities in many states across the United States. There is, however, a cure that can protect cities against blight\u27s spread: an effectively drafted state statute that provides superpriority status to remediation liens
Litigating Intraoperative Neuromonitoring (IOM)
Get PDFStatistics regarding surgical medical malpractice are staggering. The annual cost of the medical malpractice liability system has been estimated to be 2.9 million, and the median value for settlements is $1.45 million. A neurosurgeon will spend approximately eleven years of his or her career with outstanding malpractice claims.
Intraoperative neuromonitoring (IOM), also known as surgical neurophysiology, is hardly a novel medical technology. In fact, it has been used in the operating room for over half a century. IOM provides real-time monitoring of a patient\u27s nervous system during surgeries that involve the brain, spinal cord, or peripheral nervous system. This allows the surgeon to determine what, if any, actions need to be taken to reduce the risk of permanent neurological injuries to the patient after the surgery
The Economist and the Enlightenment: How Cesare Beccaria Changed Western Civilization
No full textThis Article traces the influence of Cesare Beccaria’s writings on Western civilization. It explores the global impact of Beccaria’s 1764 book, Dei delitti e delle pene, later translated into English as An Essay on Crimes and Punishments. In particular, the Article highlights Beccaria’s advocacy for proportion between crimes and punishments and against the death penalty. The Article gives a short sketch of Beccaria’s life and describes the impact of Beccaria’s book and his legacy in shaping the world’s laws. The Article further describes how Beccaria’s role as an influential eighteenth-century economist has been neglected by some economic historians
One Model of Collaborative Learning for Medical and Law Students at the University of Baltimore and Johns Hopkins University
Get PDFMedicine, like law, is sometimes referred to as a “conservative” profession, as both can change slowly, stifling innovation. While the art of medicine has produced important advances, there is at least one part of medicine that has not changed much in more than 100 years. Nearly all American medical schools have followed much the same educational model since Abraham Flexner published his famous report on the state of American medical education in 1910. The educational model promoted by that report emphasizes teaching students the science of medicine, but it is not well equipped for teaching students about the practicalities of medicine or for helping trainees adapt to circumstances that are radically different than those faced by physicians 100 years ago. This essay discusses one feature of modern medical practice that deserves more attention in medical educational curricula: the legal framework that situates and influences medical practice for all physicians and physicians-in-training
Hearsay and the Confrontation Clause
Get PDFThis speech was delivered to the Wicomico Co. Bar Association on October 28th, 2016. It is an updated version of the 2012 speech, available at http://scholarworks.law.ubalt.edu/all_fac/924/ .
Overview: Only an out-of-court statement ( OCS ) offered for the truth of the matter that was being asserted by the out-of-court declarant ( declarant ) at the time when s/he made the OCS ( TOMA ) = hearsay ( HS ). If evidence is not HS, the HS rule cannot exclude it. The Confrontation Clause also applies only to HS, but even then, only to its subcategory comprising testimonial hearsay. Cross-references to MD-EV are to section numbers of L. MCLAIN, vols. 5, 6, and 6A of the Maryland Practice Series, MARYLAND EVIDENCE: STATE AND FEDERAL (Thomson Reuters 3d ed. 2013 and 2015-2016 pocket parts, which were compiled by Leonard Stamm, Esq.), which is available hardbound or on Westlaw. The books are most easily found on Westlaw by searching for McLain under Secondary Sources in the Maryland database. They contain much more detail than does vol. 7, which is softbound and provides a short overview of the Maryland Rules of Evidence. An earlier version of the charts in this handout is found in section 800:0 of the treatise. That version may be accessed on Westlaw by clicking on the PDF icon for each particular chart