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30 Jun 2021, 7:15 am by Editorial Advisory Board
“Each of us is more than the worst thing we’ve ever done,” writes Brian Stevenson in his book, “Just Mercy: A Story of Justice and Redemption.” And yet the language we use to identify people convicted of crimes—even in The Daily Record — frequently reduces people to just that. Terms like “criminal,” “offender,” “convict,” “felon,” ... [read post]
24 Jun 2021, 3:22 pm by Editorial Advisory Board
Mary Ellen Barbera took over at the helm of Maryland’s judiciary eight years ago, in July, 2013. She has steered it well, and deserves the thanks of all Marylanders for having done so. As her tenure as chief judge of the Court of Appeals nears its end, we begin by looking back at some of ... [read post]
22 Apr 2021, 3:34 pm by Editorial Advisory Board
In a legislative session that is surely among the most consequential in a generation, the Maryland General Assembly has enacted into law bills that will transform life in Maryland in more ways than can be easily counted. Not least among those profound changes in law is the extraordinary transformation of the manner in which our ... [read post]
13 Jan 2021, 9:55 am by Editorial Advisory Board
It is said that actions speak louder than words, but that is not necessarily true. Words matter, and the wrong words, uttered by the wrong people, can have dire consequences. Words can result in death and even the overthrow of our government. Violent, hateful language can inflame people, particularly those inclined toward violence; it can ... [read post]
12 Nov 2020, 7:51 pm by Editorial Advisory Board
Federal Rule of Civil Procedure 11 — like Maryland Rule 1-311 — requires attorneys to sign pleadings.  Those signatures certify that the pleading has been filed in good faith, that there are legal grounds and evidentiary support for the pleading, and that the pleading has not been filed for improper purposes or delay. The lawyers ... [read post]
3 Nov 2020, 2:55 pm by Tom Baden
In today’s world, data reigns supreme. Almost everything involved with communication, transportation and computation is stored in some form or fashion in the digital data netherworld, and as a result it is becoming commonplace for the government and private entities to collect and dump tremendous amounts of digital information during the course of litigation. Sometimes ... [read post]
16 Oct 2020, 5:52 pm by Tom Baden
On October 5, 2020, the SMART Policing Act was passed during Baltimore County Council’s legislative session. The SMART Policing Act, which stands for Strengthening, Modernization, Accountability, Reform and Transparency, was first introduced by Councilman Todd Crandall and was passed by a 6-1 vote. The act bans  the use of all neck restraints and chokeholds, unless ... [read post]
7 May 2020, 6:33 pm by Editorial Advisory Board
Gov. Larry Hogan has been widely praised for his proactive response to COVID-19. In one area, though, the governor has been less quick to act. Arguing that incarcerated people are safer in penal facilities than in the community, the governor has not instituted a formal policy for decreasing the jail and prison population. But after ... [read post]
14 Apr 2020, 3:20 pm by Editorial Advisory Board
It has been reported that Baltimore Police Commissioner Michael Harrison agreed to support surveillance flights over Baltimore only to allow the resulting data to inform us whether the program will work or not. He added that his support is “not because we have any belief that it will work.” Mayor Bernard C. “Jack” Young voted ... [read post]
29 Nov 2018, 11:58 am by Editorial Advisory Board
Say what you will about Baltimore, but don’t omit that it is a city in severe crisis. Crime, drug traffic and, in particular, shootings, violence and homicides are destroying this city. This is not to say that there are not systemic causes of these problems, but, short-term redemption, if it comes, will be delivered in ... [read post]
9 Aug 2018, 3:08 pm by Editorial Advisory Board
It is not premature to mourn the loss of the Maryland Bar Journal. [read post]
9 Apr 2018, 3:50 pm by Editorial Advisory Board
On March 22, the Court of Appeals dismissed judicial disciplinary proceedings against Howard County District Judge Mary C. Reese. (The court’s reasons are to be stated in an opinion to be filed.) Five days later, the Court of Appeals held that proceedings before the Maryland Commission on Judicial Disabilities involving Baltimore City Circuit Judge Pamela ... [read post]
22 Nov 2017, 7:29 am by Editorial Advisory Board
By now, almost everyone has learned the Texas church shooter was not allowed, under federal law, to possess a firearm. Despite the prohibition found in 18 U.S.C. § 922(g) that prevents a person convicted of domestic violence from possessing a firearm, the shooter, who had been convicted of domestic assault and sentenced to a year ... [read post]
17 Aug 2017, 3:26 pm by Editorial Advisory Board
For nearly a century-and-a-half, the larger-than-life bronze statue of Roger Brooke Taney, a Calvert County native who was the country’s chief justice longer than all but one who held the office, has sat on a pedestal in solemn dignity outside the front door of the State House in Annapolis. On Wednesday, the panel that oversees ... [read post]
12 Mar 2014, 9:45 am
originally appeared on the Be Advised Blog of Employee Benefit Advisor for which I am a member of the Editorial [read post]
15 Jun 2015, 3:11 pm by Editorial Advisory Board
For 67 years, the Maryland Bar has been graced by the contributions of Mel Sykes, but at a young 91 years of age, he has announced his retirement. Since his graduation from Harvard Law School in 1948, Mel has been the lawyer we all strive to be. [read post]
12 Jan 2016, 2:22 pm by Editorial Advisory Board
Once again, the Maryland General Assembly will be presented with a bill seeking to raise the mandatory retirement age for judges in this state from 70 to 73. While we recognize it will take a constitutional amendment to affect that change, we strongly recommend that this legislation be voted down or, better yet, never see the light of day. [read post]
11 Jan 2016, 12:40 pm by Editorial Advisory Board
It is time for the Maryland General Assembly to pass legislation granting parental rights to individuals who are not biological or adoptive parents of children but who are de facto parents. Under Maryland law today, there are only two categories of people in relation to the right to custody and/or visitation of a minor child ... [read post]