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Tag Archives: legal commentary

Jack Gohn: The secret warriors’ secret law unveiled (kind of)

And why am I under arrest? Herr K asks in Kafka’s The Trial. That’s something we’re not allowed to tell you, the plainclothes arresting officer responds. This surprises K: K was living in a free country, after all, everywhere was at peace, all laws were decent and were upheld.

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Editorial Advisory Board: It’s time to finally repeal Maryland’s death penalty

Two years ago, this Editorial Advisory Board urged the lawmakers to repeal Maryland’s death penalty. We do so once again — and this year, it might actually happen. Already, the House of Delegates’ abolition bill has at least 66 co-sponsors, more than ever before, and perhaps Senate President Thomas V. Mike Miller will allow a floor vote in the Senate this year.

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John P. Machen: A word (but surely not the last) on IDOTs

The basis of the indemnity deed of trust (“IDOT”) recordation tax exemption (or deferral for the purists) is that, under Tax Property Article 12-105(f), the recordation tax does not apply to a deed of trust that secures a debt not yet incurred. A guaranty, unlike the direct promise to pay in a promissory note, is considered a contingent obligation. So where a deed of trust secures the grantor’s guaranty of the debt of a third party, no debt is incurred by the grantor and therefore no recordation tax is due. However, once the guaranty becomes a primary obligation, such as when the borrower under the guarantied note defaults and the lender calls the guaranty, then the debt is incurred and the deed of trust becomes subject to the recordation tax.

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Editorial: Dram-shop responsibility

Although this week a U.S. District Court jury has ruled that a popular Ocean City nightclub has no legal responsibility for a rape that occurred in its parking lot after bar employees escorted a visibly intoxicated woman outside and left her there alone, the case against Seacrets raises a larger issue: Maryland’s lack of any dram-shop liability law.

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