Comment: Plessy, Buckley, and Lefty-Loosey

PLESSY, BUCKLEY, AND LEFTY-LOOSEY: HISTORY DEMONSTRATES THAT THE SPIGOT SEPARATING MONEY AND CANDIDATES WILL CONTINUE TO ROTATE IN AN OMINOUS DIRECTION.

By Kyle S. Kushner*

“Money, like water, will always find an outlet.”

- Justices O’Connor and Stevens in McConnell v. FEC, 540 U.S. 93, 224 (2003), overruled by Citizens United v. FEC, 558 U.S. 310, 366 (2010).

I. INTRODUCTION

In 2012, the first presidential election cycle after the Supreme Court struck down the ban on independent corporate expenditures in Citizens United v. FEC, a mere 216 donors contributed 68% of the total funds raised by “super” political action committees. The 2012 elections also saw 646 individuals reach the maximum overall donation limit recently invalidated by the Court in McCutcheon v. FEC.

The lessons of history counsel that this influx of concentrated private donations into campaign coffers will continue unabated until the last vestiges of campaign finance regulation are eliminated.


Download the full comment by clicking the following link  Kushner Comment – Vol44 Online – Final.

* Kyle S. Kushner is a third-year law student at the University of Baltimore School of Law, where he serves as a member of the Law Review’s Executive Board. Kyle graduated from the University of South Carolina in 2012 after participating on a campaign for South Carolina Attorney General.
He thanks Professor Christopher J. Peters for his guidance and support throughout the writing process.

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Comment: Maryland’s Reasonable Accommodations for Pregnancy Act

MARYLAND’S REASONABLE ACCOMMODATIONS FOR DISABILITIES DUE TO PREGNANCY ACT: MEANING, INTERPRETATIONS, AND IMPLICATIONS

By Jennifer Harris*

INTRODUCTION

     In 2013, the Fourth Circuit decided Young v. UPS, a case that pushed Maryland legislators to draft Maryland’s Reasonable Accommodation for Disabilities Due to Pregnancy Act. This amendment to Maryland’s anti-discrimination law took effect on October 1, 2013, and requires employers with fifteen or more employees to explore reasonable accommodations with their pregnant employees. Maryland has now joined a few other states in expanding the rights of pregnant workers by categorizing pregnant workers in accordance with their ability or inability to work for purposes of discrimination law, and not by their sex.


Download the full comment by clicking the following link  Harris Comment – Vol44 Online – Final.

* Jennifer Harris is a third-year law student at the University of Baltimore and currently serves as the Symposium Editor on the Volume 44 Executive Board. Jennifer graduated from the University of Maryland, College Park in 2012 and majored in Government and Politics. She is currently a law clerk at Pessin Katz Law, P.A. in Towson, Maryland and has held internships in the Baltimore City Circuit Court and the U.S. Equal Employment Opportunity Commission. She hopes to eventually practice civil litigation in Maryland.

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Practitioner Series: How to Choose Your Economic Expert

By Robert Carter¹

Simply put, choosing an economic expert is hard. How are you supposed to pick the best expert in a field you don’t know? It’s the equivalent of trying to find the next Michael Jordan when you’ve only played or followed soccer. By gaining an understanding of an expert’s educational and professional background, experience, and potential presence on the stand, you can perform a thorough evaluation of a potential expert allowing you to make a well-informed decision.

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Practitioner Series: When Should You Retain an Economic Witness?

By Robert Carter¹

In the litigation arena, it’s more likely than not that a time will come when you need an economic expert. Even if pursuing mediation, arbitration or a collaborative approach, obtaining an expert may be essential for success. Even if a case is destined to settle, a report from an economic expert may speed the process along or give added weight to your argument. The key is to determine when an expert should be retained.

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Call For Papers: Applied Feminism and Work

The University of Baltimore School of Law’s Center on Applied Feminism seeks submissions for its Eighth Annual Feminist Legal Theory Conference.  This year’s theme is “Applied Feminism and Work.”  The conference will be held on March 5 and 6, 2015. For more information about the conference, please visit law.ubalt.edu/caf.

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