University of Maryland School of Law : Catalog, 1988-1989

Professor Power's section will
investigate the "takings clause" of
the Fifth Amendment to the U.S.
Constitution which for much of
the twentieth century was a dead
letter. It fell into desuetude as the
Supreme Court abandoned judicial
review of economic and social legislation.
In the last several years, however,
the Court has breathed life
back into the language. The taking
clause has been instrumental in
questioning the legitimacy of environmental
laws, land use controls,
and governmental projects
and programs.
This section will review the
Supreme Court's taking cases. In
an effort to rationalize the doctrine
it will look to the literature on
public choice, economic efficiency,
and justice. Special attention
would be paid to the potential use
of the doctrine as a vehicle for
conservative judicial activism as
proposed by Richard Epstein in his
recent book on Takings.
Enrollment will be limited to
10 students. Grades will be based
on writing assignments and class
participation.
Professor Tomlinson's section
will study the French legal system
as an example of the civil law tradition.
The readings will focus on
the role of judges and of precedent
in a code-based system. The subject
areas studied will be primarily
tort and contract where the principal
provisions of the Civil Code of
1804 (The Code Napoleon) remain
in force. A reading knowledge
of French is helpful, but not
required. Students will write three
or four short papers in lieu of an
examination. The seminar will
meet for 11 sessions of one hour
and 20 minutes each. Enrollment
will be limited to no more than 10
students. Prof. Tomlinson's section
will satisfy the perspective requirement.
Day (LAW 599 Q— Ms.
Hoffmann, Mr. Hornstein, Mr. Keller,
Mr. Power, Mr. Tomlinson.
State and Local Government
Seminar* (3) and/or Course
(2)
This seminar will examine the
legal structure of state and local
government in Maryland, including
the relationship and conflicts between
governments at the state and
local levels.
Day/Evening (LAW 549 C) at
5:25 p.m.—Mr. Bishop.
State and Local Taxation (2)
The course will provide a comprehensive
review of the development
and application of state income,
sales and property taxes. There
will be an emphasis on constitutional
issues posed by such taxes in
the areas of jurisdiction to tax,
burdens on interstate commerce
and fair apportionment. Special attention
will be given to the Maryland
income, sales and property
tax statutes and related case law.
Day/Evening (LAW 522 D) at
5:10 p.m. —Mr. Shelton.
Taxation of Partnerships and
Partners (3)
This course is a study of the income
tax encountered in the organization
and operation of partnerships,
including problems
created by the death or retirement
of a partner, the sale of a partnership
interest and the distribution
of partnership assets.
P: Income Taxation.
Day/Evening (LAW 530 D) at
5:05 p.m.—Mr. Keller.
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