Maryland Lawyer Blog

Interpreting Supreme Court decisions can feel akin to opening a box of chocolates, full of surprise and intrigue. Despite this complexity, the justices adhere to distinct methods of interpretation when deciphering the U.S. Constitution. Let’s delve into these methods to better understand the underlying framework that shapes these consequential decisions. As an appellate lawyer, a fundamental part of your work …
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The interpretation of the United States Constitution often falls into two dominant philosophies: strict constructionism and the living document approach. In a nutshell, strict constructionism demands a literal and narrow interpretation of the Constitution, adhering closely to the text as it was originally written. On the other hand, the living document approach champions the idea that the Constitution must adapt …
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When it comes to appellate law, an attorney for appeals must don a specific set of skills that distinguishes their practice from other legal fields. One key skill that every appellate lawyer should refine is the delivery of an effective appellate oral argument. The unique dynamics of appellate courts require attorneys to be more than just persuasive speakers; they must …
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Selecting the right appellate lawyer to handle your appeal can significantly impact the course and outcome of your case. Unlike trial lawyers, appellate lawyers focus on the legal arguments and writing necessary to persuade judges rather than juries. This specialty necessitates unique skills and qualities. Here are some essential factors to consider when choosing your appellate lawyer. Specializes in Appellate …
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Parental alienation, a complex and often misunderstood phenomenon, can have a significant impact on child custody decisions. This post provides an in-depth look at the concept of parental alienation, its effects on children, and how it is viewed in the eyes of Maryland law when determining custody. Understanding Parental Alienation Parental alienation refers to the process where a child becomes …
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In a recent decision, the Supreme Court of Maryland clarified the conditions under which a juvenile court may award custody to a non-custodial parent in a child in need of assistance (CINA) case. The ruling in In re T.K., 480 Md. 122 (2022), examines the prerequisites for a court to award custody and the best interest standard that must be …
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The concept of family has evolved significantly over time, driven in part by societal changes and advancements in LGBTQ+ rights. The legal landscape surrounding family law has also shifted, with constitutional principles and landmark Supreme Court decisions playing a crucial role in shaping our understanding of what constitutes a family. In this article, we will explore the evolution of the …
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Family law cases, such as divorce and child custody, often involve sensitive personal information and emotionally charged issues. As such, the constitutional right to privacy plays a significant role in shaping the legal landscape surrounding these matters. In this article, we will explore how privacy protections intersect with family law cases, specifically focusing on divorce and child custody, and examine …
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Under Maryland law, the safety and well-being of the child are the primary considerations in any custody determination. This includes protecting the child from exposure to domestic violence. Domestic violence is defined under Maryland law as any act of abuse committed against a current or former spouse, a cohabitant, or a person with whom the abuser has had a child. …
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Standing up to a big life insurance company is a daunting task. It seems simple enough – your family member or loved one had a life insurance policy, they died, the insurance company refuses to pay the benefits, so a court should hold them liable for breach of contract. But, litigating even the most basic of claims is rarely straightforward …
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