‘Til Consent Do Us Part

‘TIL CONSENT DO US PART: Maryland’s New Ground for No-Fault Dissolution of Marriage

Avigayil Pearlman*

Marriage is not an institution to be taken lightly; however, divorce is a reality of American life.  Unfortunately, the time and expense required to obtain an absolute divorce can be extremely prohibitive in many states.  In fact, Maryland did not entertain complaints for absolute divorce without some claim of wrongdoing on the part of one spouse or another until 1939; and even then, Maryland required a five-year separation first.  See Denese Ashbaugh Vlosky & Pamela A. Monroe, The Effective Dates of No-Fault Divorce Laws in the 50 States, 51 Fam. Rel. 317, 322 (2002).  While the length of time required for separation gradually decreased over the years, the second-most recent change to Maryland’s grounds for divorce, listed in Md. Code Ann., Fam. Law § 7-103 (the “Statute”), came into effect in 1983, and provided that a no-fault absolute divorce in the state of Maryland required a 12-month separation.  Id.  However, everything changed on October 1, 2015, when an additional ground for no-fault divorce was added to the Statute: mutual consent.Continue reading “‘Til Consent Do Us Part”

Is the Senate Eschewing Its Constitutional Duty Concerning Confirmations to the Federal Bench?

Is the Senate Eschewing Its Constitutional Duty Concerning Confirmations to the Federal Bench?

Laura Cress*

Since Republicans took control of the Senate in January 2015, they have been confirming federal judges at the slowest pace in more than 60 years, since 1953.  Jennifer Bendery, Congratulations, GOP.  You’re Confirming Judges at the Slowest Rate in 60 Years, Huffington Post (Sept. 17, 2015, 2:08 PM), http://www.huffingtonpost.com/entry/obama-judicial-nominations_55faced7e4b08820d9178a5c.  As of October 9, 2015, President Obama’s seventh year in office, the 114th Congress had confirmed a grand total of seven federal judges since January.  Confirmation Listing, U.S. Cts., http://www.uscourts.gov/judges-judgeships/judicial-vacancies/confirmation-listing (last visited Oct. 9, 2015).  For comparison, senate Democrats, during President George W. Bush’s seventh year in office, had confirmed twenty-nine of the President’s judicial nominees by this point in his presidency.  Bendery, supra.  These startling statistics should be concerning to the legal community because studies show they may impact the ability of the federal court system to dispense justice consistently and in a quality manner.  Alicia Bannon, Brennan Center for Justice Analysis: The Impact of Judicial Vacancies on Federal Trial Courts, Brennan Ctr. for Just. (July 21, 2014), https://www.brennancenter.org/publication/impact-judicial-vacancies-federal-trial-courts.   Continue reading “Is the Senate Eschewing Its Constitutional Duty Concerning Confirmations to the Federal Bench?”

The Supreme Court’s Upcoming Decisions Regarding Class Action Lawsuits

A Well Fitted Suit: The Supreme Court’s Upcoming Decisions Regarding Class Action Lawsuits

Christopher Finke*

Class action lawsuits have garnered much media attention and have gathered a reputation as opportunities for greedy lawyers.  Christine Frymire, Comment, Class Actions a Thing of the Past . . . Or Are They? A Look at the Circuit Courts’ Application of Comcast v. Behrend, 48 J. Marshall L. Rev. 335, 363 (2014).  Some have gone so far as to call it “legalized blackmail.”  Id.  The Supreme Court granted certiorari to three cases, which could have strong ramifications for class action suits.  See Gomez v. Campbell-Ewald Co., 135 S. Ct. 2311 (2015); Bouaphakeo v. Tyson Foods Inc., 135 S. Ct. 2806 (2015); Robins v. Spokeo, Inc., 135 S. Ct. 323 (2014). Continue reading “The Supreme Court’s Upcoming Decisions Regarding Class Action Lawsuits”

Fantasy to Face Reality: The Future of Sports Betting and Fantasy Leagues

Fantasy to Face Reality: The Future of Sports Betting and Fantasy Leagues

Erik Johnson*

A Fantasy league takes the rush of “gambling” and combines it with the thrill and excitement of sports by allowing individuals to get involved in the games they watch.  It is no surprise then that fantasy sports have seen a massive explosion in recent years, specifically Daily Fantasy Sports, or “DFS.”  This recent evolution has brought many to question the blurred legal lines between fantasy leagues and sports betting.Continue reading “Fantasy to Face Reality: The Future of Sports Betting and Fantasy Leagues”

Trademark & Ownership: Just Do It

Trademark & Ownership: Just Do It

Drew Chlan*

Trademark law in the United States provides an entity with a right of property.  15 U.S.C.A. § 1051 (2002).  If a person or corporation is found to be in violation of trademark law, the Code states that:

“Any person who shall, without the consent of the registrant—
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided.”

Id. § 1114.Continue reading “Trademark & Ownership: Just Do It”