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Abby Jackson

Annotated Source List

Anias, Valerie E. “Presumed Percentage: How the Definition of ‘Legitimate Child’


Impermissibly Discriminates Against Same-Sex Couples and What We Must Do About It”
Maryland Family Law Advocate. Summer 2018

Summary
The supreme court does not recognize same-sex couples as married in the sense of having
children in some states, including Maryland. Essentially, the wording of the law excludes
same-sex couples from having a “legitimate child,” while it does not exclude opposite-sex
couples, even if the child was born of artificial insemination or is not blood-related to either
parent. This forces gay couples to adopt children, and complete a long, grueling list of paperwork
that straight couples do not have to manage. Straight couples have a right called “presumed
parentage” that gay couples do not have, which is an unconstitutional aspect of the laws. For
same-sex couples that have a child while only one parent is blood-related to the child, they have
to apply for adoption, even though straight couples in the same situation have presumed
parentage.

Application to Research
This ​article​ made me question my research topic, although I didn't change it. By reading and
understanding articles such as this one, I am able to further grasp the inner workings of the laws
that I must understand to work in a law office.

Black, Nicole. “The Ethics of Seeking Legal Advice from Other Lawyers in Online Forums.”
The Daily Record; Maryland Family Law Update​, Oct. 2018, p. 7.
Summary
This article explains the moral issue of lawyers discussing cases that they are involved in outside
of official meetings and without the consent of their clients. It begins by explaining the
importance of unofficial consultations. Unofficial legal consultations are incredibly important to
lawyers and their ability to work cases, as they allow them to expand their knowledge and gather
different insight about the interpretation of the law. Recently, because of online discussion
groups, the privacy of these conversations has been limited. Also, a lawyer participating in
online commentary can very easily have their conversations recorded and used against them.
This article also outlines the methods lawyers should use to discuss details of a case. For
example, lawyers should discuss cases by quoting limited, abstract information in order to
preserve the privacy of the client. The article concludes by advising lawyers to be cautious while
seeking consultation online that may interact with a client’s attorney client privilege.
Application to Research
This ​article​ is important because it allows me to further grasp certain subjects of conversation
surrounding the behavior of lawyers. It also outlines the rules and moral areas that surround an
issue that I might face both as an intern and a possible future lawyer. It pertains to my specific
research in that it allows me to understand that lawyers may have difficulty in discussing certain
aspects of a case, which could make it more difficult to come up with the right solution to a
problem.

Eggbert, Dean B, et al. “High Anxiety: Mental Health Disorders and the IDEA.” Wadleigh,
Starr, and Peters, P.L.L.C, 12 Mar. 2015.

Summary
This article provides the reader with some background information around the Individuals with
Disabilities Education Act. It then goes on to explain the application of this act and provide a
legal analysis of its application.

Application to Research
This ​article​ will be valuable in my research because it outlines the rights of those with
disabilities and mental health disorders in the courtroom. This is important to my research, as my
research focuses mainly on those suffering from mental health disorders and their fair treatment
in the courtroom.

Green, Jill. “The Professional Lawyer.” ​The Advocate​, Mar. 2017.

Summary
This article summarizes the career of the Honorable Dana M. Levitz, who knew from a young
age that he wanted to be a judge. The article describes what a well-respected lawyer means and
what it takes to become one in a community.

Application to Research
This ​article​ is important to my research and my understanding of the law and the community of
lawyers in my area. By reading words from a past lawyer and now judge, I am able to form my
own opinions and methods on how to judge lawyers. This article helped me to become a better-
educated part of the community I am entering with my internship.

Kruger, Karen J. “The Legalization of Marijuana and Police Search and Seizure of Vehicles and Persons.”
The Maryland Bar Journal, Volume Ll, no. 3, July/August 2018, pg 5

Summary
This article discusses the challenges that accompany the legalization of marijuana in regards to people’s
rights to privacy. This article includes and analysis of the application of the fourth amendment and
discusses how it is already difficult to train officers to put into practice the concept of “reasonableness” in
a judicial way. It also discusses the difficult, often fuzzy, line between maintaining rights and maintaining
safety.

Application to Research
This ​article​ includes an analysis of the fourth amendment and helps me develop an understanding of the
developing and changing nature of laws. It includes an analysis of probable cause vs. reasonable suspicion
and described several precedent cases.

Karpe, Brian M, and Maxwell J Dauerman. “How To Not Sabotage Your Case.” ​Family
Advocate,​ Summer 2018, pp. 20–22.
Summary
This article is intended for people entering a divorce case and lists several tips to a person
involved in a divorce while also explaining several of the reasons, including how specific aspects
of the court work. It discusses social media responsibility, and explains that, in a discovery, the
opposing side can request all of your documents pertaining to yourself. Also, that it can be
considered a crime to delete posts and photographs. It also offers basic advice, like to change
passwords and back up information before the opposition can change passwords to shared
accounts.
Application to Research
This ​article​ is helpful to my research because, in an easy-to-read way, it defines several legal
terms and applies them to issues that a client may face. This allows me to develop a stronger
understanding of not only the way family law functions, but the motivations behind the actions
of my mentor.

“Why Attorneys Should Not Communicate With Unrepresented Children in Custody Disputes.”
Wright Constable & Skeen​, Maryland Family Law Advocate, 21 May 2018.
Summary
This article explains why it is inappropriate for an attorney to communicate with an
unrepresented child in a custody dispute. It explains the responsibilities of parents and attorneys
involving the wellbeing of a child involved in a court case. The communication between the
attorney of a parent and the child in question is inappropriate and, because the law states that
attorneys and parents should act in the best interest of the child and that the communication is
more damaging to the child’s emotional health. Also, by communicating with a child in this
manner, an attorney creates a sense of divided loyalty within the child, which can cause
physiological damage. In order to prevent this damage while still allowing input from a child,
specific professionals are brought in to make sure the child is not damaged in any way through
the conversation.

Application to Research
This is an incredibly important​ article​ to my research, as it actually explains one of the
fundamental values of family law. I did not know these facts until I read this article, and it
showed me that family law has specific rules that can often be more open to interpretation and
fluid than other lines of work. This article also taught me about what my mentor does, as she is
oftentimes a best interest attorney for children.

(have to figure out how to cite a deposition? Without breaking any rules too)
Summary
I’m right in the middle of reading a transcript of a deposition that is incredibly interesting for
many reasons. I am focusing currently on the behavior of the opposing counsel, as he objects to
every question my mentor asks.

Application to Research
By reading and analysing this ​deposition​, I am able to learn about different types of lawyers and
the way they interact with each other. I am able to witness my mentor behaving rationally and
handling the opposing counsel, even though he is obnoxious.

(again, figure out how to cite a source like this before you turn it in please)
Summary
I was given the opportunity to witness an emergency hearing between a father and a mother, my
mentor as the best interest attorney for their two kids. The kids were having issues in school and
the son having issues with the mother. The mother had been told at an evaluation that she may be
suffering from a personality disorder. The mother’s lawyer was rude and behaved in an honestly
shocking way. The magistrate decided to give the father temporary full custody in order to
protect the children.

Application to Research
This ​court case​ was incredibly valuable for me, as I was able to witness a person with a possible
genuine mental disorder behave in court. It showed me that, although people in similar situations
may not be always treated fairly, it is more of an uncertain issue, as everybody in the room could
tell that she was not a fit parent. It showed me that this question is going to be a lot more difficult
for me to understand and develop opinions about as it is more of a grey area than I had
previously thought.

Paizs, Ceecee. “Civil Law Update.” ​The Advocate​, August. 2018.


Summary
This article summarizes several cases regarding local civil law disputes. This includes:
Heather Stanley Christian, M.D. v. Maternal Fetal Medicine Associates of Maryland, LLC,
Victoria Seaborne-Worsley v. Jeffrey Mintiens, Jonathan Rose v. Andrea Rose, and Lyonel Joer,
Jr. v. Sandra Jose (Farnham). Jose was stationed in the military while the child was aged two to
seven and then, upon returning, was granted joint legal and physical custody of the child, with
tiebreaker awarded to mother. The court held that the trial court did not take into account
precedent cases when making findings relevant to this case. In Rose v. Rose, the father did not
meet the qualifications of joint custody, as he did not house the child between 35-36% of nights
of the year, which is mandatory for the child support agreement. This case was moved to the
circuit court for them to decide whether the father kept the child for a significant enough portion
of the year. Seaborne-Worsley was a passenger in her car, parked by her husband, perpendicular
to the allocated parking spaces. Mintiens backed into her car, and she sustained injuries. She
sued on the grounds that Mintiens’s negligence caused her injuries. The case was sent to higher
court to be decided upon, as the court is less compelled to make use of the doctrine of imputed
negligence, as the doctrine was created in order to compensate innocent victims, but could not
decide, in this case, if the victim was at fault. (whether the blame of the accident falls upon the
negligence of the husband or Mintiens). Christian sued the Maternal Fetal Medicine Associates
on the grounds that she was prematurely released, although it was found that she did so after
repeatedly trying to negotiate financial benefits with the company.

Application to Research
These ​court case summaries​ are deemed important by local legal journalists, so they
have the opportunity to become precedent cases. By studying these cases, I am more equipped to
analyse court cases to obtain a deeper understanding of civil law. Complicated legal vocabulary
is an important part of learning how to read and understand cases and is used in these summaries.
By understanding and having knowledge of these cases, I gain a greater understanding of the
judicial system.

Anais, Valerie E., “Presumed Percentage: How the Definition of “Legitimate Child” Impermissibly
Discriminates Against Same Sex Couples and What We Must Do About It” The Maryland Family Law
Advocate. Summer 2018.

Summary
While the Supreme court recognizes same sex couples, some states, including maryland, define
“legitimate child” in a manner that excludes same-sex couples. This forces a same-sex couple to adopt
their child, even though a straight couple that uses a method such as artificial insemination does not have
to adopt the child for it to be considered “legitimate.”
Application To Research
This ​article​ was incredibly important for me to read, to be quite honest. It gave me a sense that, even
though our forefathers did this without purposefully discriminating, this definition has not been changed
by our developing society. It showed me that even though something is law, it’s not always the smartest
or best way of things, and therefore I should question our laws and do what is right, even if it means
working to change a law.

Sharma, Ashok, and Associated Press. “India Bans Instant Divorce by Muslim Men.” ​Midland
Reporter-Telegram​, Midland Reporter-Telegram, 19 Sept. 2018.

Summary
In India, it has been legal for Muslim men to achieve an “instant divorce” from their
wives by saying, texting, or posting the Arabic word “talaq” three times. These laws enabling
men to participate in this practice are based on tradition and certain religious views. The
government has recently decided that this means of divorce is unconstitutional for Indian
women, especially because they are not entitled to any of the property of the men that could
potentially divorce them. On the other hand, members of Parliament believe that the act of
instant divorce should not be criminalized and that it should be left up to the people to stop this.
Because of disagreement from Parliament, the government has issued a six month ordinance that
will temporarily criminalize this practice while they try to convince Parliament that legal action
is necessary in order to protect women in India.

Application to Research
This article is incredibly important to my research because it shows the development of
legal practices because of influences such as religion, tradition, and equality. This article was
effective because it discussed facts and changes in the world without having any bias or political
standing.

Wymann, Matt. “Criminal Law Update.” ​The Advocate,​ Sept. 2018.

Summary
This article summarized several court cases and their outcomes, including; Isa Manuel
Santiago v. State of Maryland, Jerry Harris v. State of Maryland, Patrick Joseph Thomas A/K/A
Patrick Joseph Patrick v. State of Maryland, Terrence Newman v. State of Maryland, and Thoyt
Hackney v. State of Maryland. Santiago was found guilty certain charges pertaining to the
murder of Latoya Taylor. Harris’s case was unique because of the new application of the
Missing Witness Instruction. In Holt’s case, he wrote to the court requesting that his lawyer be
replaced, but the court denied this because he was not allowed to reopen the case because of his
loss. This is because, when a defendant asks to replace a lawyer, the court analyses their current
goals, even if the request was made prior to that situation. Thomas’s case deals with the laws
surrounding a drug dealer when a buyer of theirs dies due to consumption of the drug. The court
initially convicted Thomas, but reversed his conviction when it was found that there was not
enough evidence to convict him of manslaughter, even though he sold heroin to the deceased,
Colton Maltroy. It was found that Maltroy injected himself with the drug and consumed it with
alcohol while the defendant was not present. Terrance Newman was found guilty of the murder
of a woman with whom he had a sexual encounter. He confessed this to a friend, who used a
facebook photo of Newman “flexing his bicep.” Newman’s case was that he believed that he was
accused based on prejudice because of the particular photo. The court ruled that this was not the
case, as the prejudice was not unfair and the photo was not violent or offensive. Hackney had
been convicted of several crimes in Baltimore and filed a petition for Post Conviction Relief 2
days after the statute of limitations for his crimes and was not received by the court for another
six. The petition was ruled untimely and was rejected by the court.

Application to Research
This​ article​ allows me to analyze and understand several criminal court cases, which is
an important skill to be able to understand how the legal system works. This article also allows
me to become more aware of the legal actions that are being taken in modern times as a way to
make connections to other laws, countries, and time periods. This article also shows unique
situations in the relationship of the aspects of a courtroom and how they function together to
achieve justice.