Duane gives a very good assessment of accessing the Baltimore Grand Jury and how Maryland likes to say citizens in Baltimore have the same rights as all other counties in Maryland we absolutely DO NOT HAVE the same rights and it is because Maryland Assembly passes laws that place barriers to that access and as Duane says -----if the Baltimore Grand Jury does not want a citizen to have access they do not have it. This is what places all power of access in Baltimore to a Baltimore State's Attorney in deciding which citizen is allowed to move forwards complaints of civil and criminal harm and that is NOT WHAT THE US CONSTITUTION STATES AS RIGHTS OF WE THE PEOPLE.
This happens because Baltimore City Hall allows it. A city council and mayor would be shouting about these laws creating barriers and would be building the public justice structures around a Baltimore State's Attorney's office that is allowed to pick and choose crimes pursued in Baltimore. This is why citizens cannot pursue ANY WHITE COLLAR AND POLITICAL CORRUPTION JUSTICE in Baltimore and it is deliberate as Duane is trying to state. In this case he describes a law with a goal of protecting a Baltimore State's Attorney from misconduct in failing to pursue crimes known to have occurred.
Now, if citizens in Baltimore think all this is about keeping poor, black citizens from what is constant injustice from seeking justice we need to think again. This is how all of the fraud and corruption in the City of Baltimore is allowed to flow unfettered----billions of dollars lost to our annual budget -----we do not seek justice from only white collar crime but access to all citizens for any civil and criminal harm as the US Constitution says.
Maryland Attorney General Frosh did the same thing when he first came to office-----submitted a bill to Maryland Assembly that posed progressive in pursuing corporate fraud but that had a goal of making only the State's Attorney's Office as having the ability to pursue cases of fraud and government corruption taking it from the realm of private lawyers and pro se representation.
I was questioned at a mayoral forum by a moderator saying the same as this government official----'citizens have the right to approach the Grand Jury in Baltimore'. REALLY??????? When Cindy Walsh for Mayor of Baltimore speaks of building a public justice system in Baltimore----this is central.
Please take time to look at this You Tube video---it is great in showing the citizens speaking truth and government acting surprised and perplexed by the truth.
Below you see the concern by Maryland lawyers on what is a state version of this Baltimore City move to place barriers for citizens wanting to pursue fraud and corruption. Now, the goal for citizens is not giving private lawyers more power in these pursuits----it is to get our State Attorney's Offices to do that job they are required by law to do.
WE NEED EVERYONE ON BOARD TO STOP, PROSECUTE, AND RECOVER FRAUD.
The People Demand Access to the Grand Jury in Baltimore City
Published on Feb 6, 2014February 4, 2014 - Duane "Shorty" Davis before the House Judiciary Committee
Md. False Claims Act needs qui tam provision
Brian Frosh's proposed changes to Maryland's False Claims Act need to include a qui tam provision.It's welcome news that Maryland Attorney General Brian Frosh is proposing legislation that will expand Maryland's False Claims Act (the current law addresses Medicaid fraud only), but the proposed legislation falls short because it lacks a vital element to the success of the federal False Claims Act: a strong, private qui tam provision.
The current federal False Claims Act has been hugely successful in fighting fraud against the federal government. One key to its success is that it allows private individuals, known as qui tam relators, and their lawyers to file a lawsuit on behalf of the federal government against alleged fraudsters. These qui tam relators are often industry insiders who witness fraud first hand. In most cases, the government would likely never discover the fraud without the help of these brave individuals.
The proposed Maryland law, like the federal False Claims Act, allows qui tam relators to file suit, but unlike the federal law, it does not allow the qui tam relator to prosecute the case on her own if the government does not choose to intervene.
By way of background, the federal False Claims Act requires a qui tam relator to file her lawsuit under seal, and that suit remains under seal for 60 days or longer while the government investigates and determines whether it wants to intervene. If the government intervenes, it assumes primary responsibility for prosecuting the case, although the qui tam relator remains an important part of that investigation.
In the federal system, when prosecutors decline to intervene in a False Claims Act case, they allow private qui tam relators to pursue the fraudsters on their own. When this happens, the federal prosecutors continue to monitor the progress of the investigation and trial preparation and may intervene in the case at a later time in order to settle or try it. Regardless of whether the government eventually intervenes or allows the private qui tam relator to take the case to trial, if the qui tam relator is successful, the government gets the lion's share of the money recovered (between 70 percent and 85 percent). What this means is that the federal False Claims Act allows the federal government to harness the power of the private qui tam relator and her lawyers to fight fraud in cases where the government lacks the time and/or resources to do so.
Maryland's proposed law lacks this provision and would not allow private qui tam relators to go forward in cases where the government did not intervene, thus forgoing the resources of the private qui tam relators and their attorneys in recovering money stolen from the state and forgoing the recovery of perhaps millions of dollars stolen from its treasury.
So why does Maryland's proposed law lack this important provision? No doubt, fears of trial lawyers run amok may be one reason. Those fears, however, are unfounded. Like the federal False Claims Act, the Maryland False Claims Act could include provisions to prevent qui tam relators from going forward when the government, for example, shows that certain actions by the relator will interfere with an ongoing civil or criminal investigation or where important national security issues are implicated. Additionally, Maryland, like the federal government, could ensure that regardless of the stage of the pending litigation, the government is always free to step in and dismiss, settle or pursue the case. Likewise, as in the federal system, the cost of litigation and the heightened scrutiny placed on fraud cases by judges will also help to deter frivolous or vexatious suits in Maryland.
By allowing private qui tam relators to go forward under the watchful eye of Maryland state prosecutors, the state would be able to expand its prosecutorial resources and recover more money stolen from its taxpayers. It will also encourage more individuals who witness fraud to come forward with their evidence, and it will bring Maryland in line with the federal government and the governments of a number of other states who have qui tam provisions that mirror the federal law. Without such an expansion of the current proposed law, Maryland risks leaving millions of hard earned taxpayer dollars in the pockets of thieves.
When I came to Baltimore this first thing I do as an academic researcher is find what research library venues exist in the city and what they offer. The first thing I noticed is a very small selection of law books aimed at a general audience giving broad legal history on individual subject matter and especially all that information on civil law. We have some criminal law analysis----not much civil law. If you go to the Pratt Library you can access the Code of Maryland and Code of Baltimore but to get the West legal analysis you go to the librarian. West Publishing is the best book for those needing to know legal history on an individual law and you need to know this if you are going to build a court case. Lawyers I am sure have access to these legal books---citizens not so much. How does a citizen know a lawyer is doing there best? How does a citizen who cannot get a lawyer or Baltimore State's Attorney to represent their case get information to go to court PRO SE----SELF-REPRESENTING? The answer is ----they rarely can.
Even the Johns Hopkins Library which is the strongest research library in the city does not have this collection of legal books geared towards educating the public on the history of national and local laws and court rulings setting precedent. This is what a lawyer uses to build a case----recently I checked to see what Hopkins had representing Maryland Code of Law and Baltimore Code of Law. I found Baltimore Code had not been undated for over a dozen years with no updates in hard copy or online. There has been many changes to code but if you looked in these books you would see 2003 as the last update to Code of Baltimore.
The point is this. There is a concerted effort by the powers that be in Baltimore and we identify that as Wall Street Baltimore Development and Johns Hopkins to see not only that the Baltimore court system is inaccessible to citizens but that the ability of citizens to peruse a wide selection of legal books to know deeply what the state of an individual issue is legally is not there.
WE ARE SEEING ALL OF BALTIMORE CITY HALL GOING ONLINE AND WITH THAT HARD COPIES OF LEGAL AND GOVERNMENT REGULATIONS DISAPPEARING AT THE SAME TIME ACCESS TO ONLINE DATA WITH LARGE PDF FILES-----MEANING LOTS OF INFORMATION----GETTING MORE EXPENSIVE AND HARDER TO ACCESS.
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Hornbooks are one-volume treatises written primarily for law students on subjects typically covered by law school courses. Unlike casebooks, which are collections of cases (or parts of cases) chosen to help illustrate and stimulate discussion about legal issues, hornbooks attempt to summarize and explain the law in a specific area. Perhaps the best-known hornbooks are those published by West in "West's Hornbook Series," which are easily identifiable by their distinctive green bindings and include titles such as Civil Procedure by Professors Friedenthal, Kane and Miller, and Uniform Commercial Code by Professors White and Summers.Study supplements such as West's Nutshell Series and Black Letter Series, and Aspen Publisher's Examples and Explanations Series, also try to explain the law in a much more straightforward manner than casebooks. Study supplements, though, are written in a less scholarly manner than hornbooks and tend to focus on the basic issues without providing detailed analysis. For example, hornbooks are often heavily footnoted, whereas many supplements do not contain any footnotes at all.
Neither hornbooks nor supplements are intended to serve as substitutes for casebooks, but many students find these resources helpful in learning the fundamentals, which, in turn, makes it easier to understand the more complex questions discussed in class and presented on law school exams. Whether to consult a hornbook or a study supplement and, if so, which one, will depend on the individual's particular needs, tastes, and circumstances. No title is perfect for every situation. You will probably want to experiment with a variety of hornbooks and supplements in order to find the ones that work best for you.
Set forth above and arranged by subject are some hornbooks and study supplements that you may find useful in your studies. All of these books are located in the D'Angelo Law Library Reserve Room, and earlier editions of some titles may be available in the stacks under the same call number.
The other issue starting to grow and it will get worse if we do not have a Baltimore City Hall that stops this march towards global corporate capture is the ability to access what has been for a century ordinary citizen access to academic databases. Usually it is the public universities many academics use to access these critical databases but as we all know-----all these online databases are getting more and more expensive. We saw last decade the cost of print copies of ordinary professional journals soar-----making them too expensive for libraries to buy these hard copies and now those journals are only accessible online.
I'm not a rocket scientist but I see the goal-----all of this academic research is now being called PROPRIETARY----MEANING THESE UNIVERSITIES SEE THESE AS PATENTED WORK WITH NO PUBLIC ACCESS so they do not want the public seeing much of this research even as it is heavily TAXPAYER funded. As Obama spent several years about making it impossible for LIBERAL ARTS AND HUMANITIES universities stay open ---these are our public universities and with it comes that access to the public to vital research databases and Federal, state, and government documents. Johns Hopkins is required to be open to the public for that access you say? Well, Hopkins is already lowering its data download capacity as telecommunication rates continue to rise libraries will be using this excuse to not be able to afford public access online service for much of these data heavy documents.
The goal of global corporations and pols is to have only these Ivy League universities having access to what will be most of the research funded by Federal and state revenue----that is what Obama and Clinton neo-liberals in Congress funded these several years as our public universities are starved and told get ready to close.
IF YOU WORK AT AN IVY LEAGUE----GO TO SCHOOL AT AN IVY LEAGUE---YOU WILL ACCESS ALL THIS DATA ALWAYS OPEN TO EVERYONE IN THE US.
Currently I can pay membership annual fees to access Johns Hopkins library but how long will that be offered and how long will it be affordable? I may be fine for the short time I have left as a professional but the 95% of future adults-----WAKE UP TO ACCESSING LEGAL BOOKS AND CODES.
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As an academic studying state public policy across the US I have for decades been able to download and review all government documents especially documents tied to public state universities. This is how I know what one state is doing and what that state has as a goal as compared to another state. These several years of Obama has seen states becoming PROPRIETARY------meaning all these ties of global corporations to our state and city agencies has made all government documents now not accessible to citizens. So, the same issues of behind-closed-doors public policy discussions with the likes of Baltimore Development Corporation is filling all Maryland and Baltimore agencies tied to economics and development.
Ability to know where economic stimulus ends----what corporations and people are tied to state and city deals-----none of that is known in this world of International Economic Zone politics in regions of states like Maryland.
The Maryland Assembly has worked hard to move Maryland as a colonial entity to global corporate tribunal rule with International Economic Zone and Trans Pacific Trade Pact installation----they know where all this leads----
THIS IS WHY A HEALTHY POLITICAL SYSTEM DOES NOT ALLOW POLITICIANS FOR LIFE----WE NEED TERM LIMITS TO KEEP POLS FROM INSTALLING THEMSELVES IN DEALS THAT MAY ENRICH A FEW -----
Even University of Maryland sees itself as global corporate and proprietary ----and this brings little value to citizens in Baltimore. I know the staff at UMMS is growing concerned over the change from being a simple state university to feeling it is a global player competing worldwide.
One thing I heard personally while attending Maryland Assembly committee meetings is our Maryland Legislative Services reporting again that Enterprise Zones are not bringing value for the cities, counties, neighborhoods and they repeated this has been the case for over a decade. So, what does this article mean when it identifies enterprise zones as the financing pulse? Nothing to do with Baltimore as a local city.
Financing Pulse: Insights on Maryland Enterprise Zones
Emiko Kawagoshi · December 23, 2014
0 0 132 2 December 2014
Financing Pulse: Insights on Maryland Enterprise Zones
Emiko Kawagoshi is Senior Tax Specialist at the Maryland Department of Business and Economic Development.
Maryland Enterprise Zones are boosting economically distressed areas
Sustainable economic development is a goal shared by a variety of stakeholders throughout Maryland. For this reason, the Maryland Enterprise Zone Tax Credit program brings together multiple State agencies, counties and municipalities to work together to improve economically distressed communities. Maryland was one of the first states to adopt this collaborative economic development program, which first gained traction in the United States in the early 1980s.
The Enterprise Zone (EZ) program provides income and property tax credits to firms locating and/or expanding their businesses in Enterprise Zones. The program can be utilized by companies of all sizes, from mom-and-pop stores to the Fortune 500 companies. For example, a business may be qualified to receive the income tax credit by hiring just one new employee.
The Maryland Department of Business and Economic Development (DBED) plays an important role as the program administrator. DBED designates EZs, making sure that they meet all statutory and regulatory requirements. DBED also works with local EZ administrators to help attract businesses to the areas.
Recently, DBED Secretary Dominick Murray redesignated the Prince George’s County Enterprise Zone Focus Area and the City of Frostburg Enterprise Zone. About 80 percent of the Enterprise Zone Focus Area in Prince George’s County was not eligible for the redesignation because the area no longer met the Enterprise Zone Focus Area eligibility criterion. In other words, 80 percent of the severely economically distressed areas made measurable economic growth within just five years of the previous designation period.
Currently, we have 28 EZs across the State—two fewer zones than a couple of years ago because of improvements in the economic conditions of the communities where EZs were located.
We are looking forward to working with more local jurisdictions to achieve further economic growth in Maryland.
Find more information on the Maryland Enterprise Zone Tax Credit program through DBED.
"It is a takeover by College Park of UMB," Brady said. "At the first opportunity there will be one president, and it will not be the Baltimore president, I assure you."
If you know University of Maryland College Park is working hard to be that public university campus that is IVY LEAGUE-----like Rutgers and Berkley----then you know why Mike Miller and his band of Baltimore Maryland Assembly pols are pushing hard to hand control of our Baltimore University of Maryland campus to COLLEGE PARK-----it would be the mirror of Johns Hopkins as an Ivy League and act the same way. It is already moving towards being global and identifies as a corporate campus and not a public campus.
What makes UMMS in Baltimore so valuable to College Park and equally so for citizens of Baltimore is it is a strong medical school and law school and we need both as a strong PUBLIC MARYLAND UNIVERSITY and not drawn into the College Park as global corporate campus. This is ground zero in the fight to keep our public universities working in the public interest and Mike Miller and his Baltimore Maryland Assembly pols are working hard for a Johns Hopkins goal------our University of Maryland being only a global corporate campus acting just like Hopkins. Citizens have for a few decades seen the control Hopkins has on our UMMS campus-----this needs to diminish----not get stronger.
What I know is this----Mike Miller and these two global corporate Baltimore pols----FERGUSON AND ANDERSON----who do anything Hopkins and Baltimore Development tells them -----is telling our black citizens that if they do not send UMMS to College Park then Maryland Assembly will defund Morgan State and Coppin----the Historically Black Universities. Know what citizens are saying?
THEY ARE GOING TO DEFUND MORGAN STATE ANYWAY-----BALTIMORE CITIZENS KNOW THE GAME BEING PLAYED.
So, Catherine Pugh is shouting she is not going to allow Morgan State be defunded no doubt as she uses this excuse to back Mike Miller and Baltimore Development's plan to move control of UMMS to College Park-----that is the goal. Obama is the one defunding Historically Black Colleges and by extension Maryland Assembly has already committed to this----the current leadership said just a few years ago Morgan State would not be around as Ivy League research campuses get all the Federal and state funding. THAT IS THE GOAL.
Simply stopping the misappropriation, fraud, and corruption will add a few billion to Baltimore's annual budget and we will keep our public universities open with Federal and city funding----WE DON'T NEED THE STATE'S TO KEEP ALL OUR PUBLIC UNIVERSITIES OPEN.
Renewed push to combine UM College Park and UM Baltimore gains steam
The Baltimore Sun
Plan to combine two universities would lead to closer partnership and more innovation.A renewed push by state lawmakers to combine the flagship University of Maryland, College Park with the health- and law-focused University of Maryland, Baltimore could give the state a dual-campus powerhouse that would leverage the strengths of both institutions to launch new programs, discoveries, and businesses, supporters say.
Legislation sponsored by Sen. Bill Ferguson and Del. Curt Anderson and backed by Senate President Thomas V. Mike Miller would move the 80-employee headquarters of the state university system from Adelphi to Baltimore and establish a ventures office to help faculty and students market their inventions commercially.
The measure is controversial. The presidents of the two institutions disagree on the plan — one supports it; the other doesn't — and the governing board of the University System of Maryland is also divided.
The Board of Regents, which oversees 12 of the state's public universities, met Wednesday to discuss the matter, but opinions were "all over the spectrum," spokesman Mike Lurie said, and no consensus was reached. Several regents plan to testify at a hearing on the bill on Tuesday, Lurie said.
A similar effort five years ago drew criticism from Baltimore leaders, who thought it would shift power away from the city. It was rejected by the regents. Instead of merging, the two universities agreed to work more closely in a partnership called "MPower," now widely viewed as a success, in which they share some faculty and programs.
UM regents approve alliance for College Park and Baltimore campuses As it did five years ago, the new proposal prompted concern in Baltimore. Jay Perman, president of the Baltimore university, was among those raising questions about the impact of combining the two universities.
Ferguson and Anderson are Baltimore Democrats. Ferguson said the bill contains many provisions to strengthen the city. It would allot $1 million annually to encourage businesses growing out of the ventures office to locate in Baltimore, and ensure that the Baltimore university's professional schools — the medical school, the law school and other graduate programs — remain in the city.
"The old-world way of thinking for Baltimore has really focused on circling the wagons and protecting what we have," said Ferguson, a graduate of the law school. "I think that we have to approach the next two decades with a very different mentality. Having a campus of the flagship in Baltimore can only help us move forward."
Supporters say the flagship universities in most states include medical and law schools. A combined university would rise up the national rankings in research spending.
Supporters also say it would be easier to attract top faculty and students to a combined institution, and bringing together separate fields of study, such as the engineering department in College Park and the medical school in Baltimore, could lead to new discoveries that could be commercialized.
The bill calls for keeping separate presidents for the campuses in College Park and Baltimore and would allow — but not require — the regents to appoint a single president if one of the presidents stepped down.
Perman said he favors the increased collaboration that came out of the MPower agreement, but a merger would cost his university its unique identity as an anchor institution. He also said it could jeopardize recent collaboration between his institution and the University of Maryland, Baltimore County.
"I strongly believe, whether it's me or anybody else, that you need to look out at West Baltimore every day, engage with the community every day, you need to live in Baltimore as I do, and feel Baltimore and be concerned about Baltimore," he said.
That can't happen, he said, if leadership is based in College Park.
A merger would be a reunification: The two institutions were a single university from 1920 until 1970.
Miller, a graduate of both College Park and the law school, was behind the previous merger proposal. He has co-sponsored Ferguson's legislation.
He said the 30 miles that separate the two campuses are less of a barrier in the Internet age.
"This is about the state of Maryland," he said. "It's not about promoting one campus over another. It's about moving our research forward, moving our startups forward, making Baltimore the place it once was and can be again."
House Speaker Michael E. Busch backs the concept but has some concerns about executing it, his chief of staff said.
"The speaker is certainly open to the idea," Chief of Staff Alexandra Hughes said. "He wants to ensure the universities maintain a strong Baltimore presence and continue to serve as being some of the best in the country."
Supporters steered clear of calling it a merger, preferring "strategic partnership." But the surviving institution would be known as The University of Maryland, and some overlapping administrative jobs at the two colleges would be combined.
University system officials said it was too early to say how many positions could be combined, or lost.
Anderson said the legislation would ensure that the structures of the two institutions remained intact. Some Baltimore leaders feared that the previous measure would have meant the medical and law schools would move out of the city.
Wallace Loh, president of the College Park institution, said the legislation could build on the successes of MPower.
Under that agreement, an engineering professor in College Park and a neurosurgeon in Baltimore collaborated to invent a tiny robot that can remove brain tumors. The invention has been patented and is on its way to commercialization, he said.
The universities have grown from one joint faculty appointment to 60, and those professors have generated $70 million in research funding.
Loh said he wasn't concerned about whether one or two presidents would lead the combined institution.
"We have lost as a state 40 years of research opportunities and advances because we were separated," he said. "Once we bring the two together, there's far more that we can do."
The president of the student body in College Park agreed.
"It's something that's really beneficial to students of College Park and UM Baltimore," Patrick Ronk said. "It can keep the highest-ranking Maryland high school students in the state, and we would attract more really qualified out-of-state students as well."
University system Chancellor Robert Caret said in a statement that he was still reviewing the legislation and would offer an opinion at a later date.
Regent James Brady said he feared the Baltimore institution would be "totally subsumed" by College Park, which he said would hurt Baltimore at a time when the city is in "crisis."
"It is a takeover by College Park of UMB," Brady said. "At the first opportunity there will be one president, and it will not be the Baltimore president, I assure you."
Regent Gary Attman called the bill "MPower on steroids."
"I think we all want to be protective to Baltimore City," he said. "But I don't see any downside."
Since I am talking public justice this week this is the reason I am bringing this issue up now ----not only for the public education aspect. U of M Law School is the most critical structure in Baltimore in moving our public justice agenda forward. Sure, we have University of Baltimore Law School but it is too small to handle the needs of Baltimore as regards both small business law, city economics, and public justice law. We need law school grads with focus on issues in Baltimore and as these leaders are saying-----Baltimore is in crisis and needs our strong UMMS and Law School.
Know what Cindy Walsh as Mayor of Baltimore will do immediately once in office? I will subsidize scholarships for as many college grads in Baltimore to get their law degree in public justice and city economic law AND TO ATTEND MEDICAL SCHOOL AT UMMS.
UMB President Perman says proposed merger with UM could 'dilute' work in Baltimore
Mar 11, 2016, 10:44am EST
University of Maryland, Baltimore President Jay Perman says he looks out of his wide office window each day at a part of the city deeply in need.
"What I see is West Baltimore," Perman said of the area his campus impacts daily as an anchor institution.
Enlarge Dr. Jay Perman is president of the University of Maryland, Baltimore.
The UMB campus is a large portion of that side of town with its professional schools of medicine, law and dentistry and a successful and growing BioPark.
In addition, the university has established outreach programs in the communities of the westside like Upton, Poppleton, Pigtown and Sandtown-Winchester and is a part of the ongoing economic development push to redevelop portions of the area like Lexington Market.
But Perman said in an interview Thursday he worries that UMB could lose its power in the community it has worked so hard to build outside of its campus.
"I don't want that impact of ours to be diluted in any way," he said.
Proposed legislation in the General Assembly would merge the University of Maryland, Baltimore and the University of Maryland, College Park into a single institution. The bill was proposed much to Perman's surprise last month, and its initial focus to have one president heading the newly merged campus was amended this week to keep two presidents.
Advocates say a combination of the two universities would create more of an alliance between the Baltimore and Washington, D.C., regions and would bring benefits to Baltimore.
The bill, being pushed by state Senate President Thomas V. Mike Miller, seemingly came out of the blue during this General Assembly session, with state Sen. Bill Ferguson, D-Baltimore, sponsoring it. It is scheduled for a final vote in the senate early next week.
In 2011, the two universities agreed to create a partnership, nicknamed MPower, to address areas such as grants where they could work together. So far, there are 60 joint faculty appointments and $70 million in research dollars.
"I've never felt the issue was dead in terms of unification," he said.