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Tag Archives: legal commentary

Steven I. Platt: The beginning (or the end?) of comparative negligence

On July 9, 2013, six out of seven judges sitting on the highest court in the state of Maryland, the Court of Appeals, deciding the case of James Coleman v. Soccer Association of Columbia, filed an opinion in which they collectively and minimally “conceded” that “a system premised on comparative negligence for apportioning fault appears to be a more equitable system of determining liability and a more socially desirable method of loss distribution.”

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Andrew Baida: A little less anarchy, please

A recent drive to work reminded me of a chaotic condition within the Maryland appellate court framework, which I meant to bring to the attention of the Maryland Rules Committee some time ago. As with other issues of a similar nature that have appeared on my radar screen sporadically, but with greater frequency than my UFO sightings, this one fell off because I misplaced the post-it note I had written to myself as a reminder to take action to try to remedy the situation.

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Barry Rosen: FTC attacks, hospitals retreat

The Federal Trade Commission has recently launched antitrust challenges to a hospital system’s acquisition of the only other hospital offering meaningful competition in its region, another hospital system’s acquisition of 16 cardiologists and a third hospital system’s acquisition of a neighboring hospital.

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Jack Gohn: Command influence at the end of a rope

On Nov. 22, 1944, the United States Army hanged Privates Arthur Davis and Charles Jordan for the crime of rape. They were likely not guilty. But they were African American. What happened to them happened to many others, their real transgression being soldiering while black, in a racist army, in a racist part of France. Mary Louise Roberts, who teaches history at the University of Wisconsin-Madison, has put before us Davis’ and Jordan’s story and those of many of their compatriots, in her recent book, “What Soldiers Do.”

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Stephen H. Sachs: On calls for treason, things are seldom what they seem

Back in the mid-’80s, when I served as Maryland’s attorney general, I attended the annual visit of state attorneys general with the president of the United States. We met with Ronald Reagan in the cabinet room at the White House. Like most meetings President Reagan held with almost any group, it was highly scripted. Certain of my colleagues were selected in advance to ask prearranged questions and the president was armed with his celebrated 3 x 5 cards that contained the answers.

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