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Research Guides

These special legal Research Guides help you find the law on some of the most popular Peoples Law Library Topics.  To get the most out of this section:

  • go to the homepage to find the explanations about the law that we offer under each legal area listed, and
  • also take a look at "Understanding the Basics of the Law [1]" for help using the statutes, regulations and rules that you will find in each Research Guide.

Researching Adoption & Foster Care Law

Statutes


Adoption and foster care are largely governed by state statutes. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. This guide provides links to Maryland's family law statutes in a free web database maintained by the General Assembly [4]. You can also navigate through the codes structure at the LexisNexis website [5]. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

 Citations to selected Maryland Family law statutes:



  • Definitions and General Provisions (Title 1). [6]

  • Children (Title 5).
    [7]Includes subtitles on the Interstate Compact on Adoption; Adoption Search, Contact, and Reunion Services; and Foster Care.

Court Rules & Court Information


The Maryland court rules applying in adoption law cases are found in Title 9 [5] of the Maryland Rules. The court rules applying in foster care cases are found in Title 11 [5]. The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules.

The five largest Circuit Court jurisdictions in Maryland (Anne Arundel County, Baltimore City, Baltimore County, Montgomery County, and Prince George's County) have Family Divisions that strive to provide a fair and efficient forum to resolve family legal matters in a problem-solving manner, with the goal of improving the lives of families and children who appear before the court. In Maryland's smaller cities and counties, Family Services Programs serve the same purposes. For more information on the Maryland Judiciary's Family Divisions and Family Services Programs, see the Maryland Judiciary Department of Family Administration home page [8].


Regulations


The Maryland Department of Human Resources makes regulations relating to the adoption and foster care. The Department's regulations are published officially in Title 7 of COMAR [9] (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (see SAILOR [3]). The Administration's regulations are also available electronically on the Division of State Documents home page: Subtitle 2 - Social Services Administration [10] and Subtitle 5 - Private Child Placement Agencies [11].


Cases


Because family law is largely a matter of statute, you will probably want to look for cases that interpret Maryland's family law statutes. The easiest way to do this is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them. You can find additional cases by reading books that explain Maryland family law and noting the cases they cite. See "Books for More Help" below for a list of books to get you started. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law. The topics "Adoption" "Infants" and "Parent and Child" would be good places to start in the Maryland Digest.


Forms



  • The Maryland Judiciary's Domestic Relations Forms [12] page.

  • Maryland Domestic Relations Forms, with Practice Commentary / Ann M. Turnbull and Joseph J. Wase. New York: Lexis Publishing, 2000. Updated annually. This and the other books listed below are available in many law libraries. Check your local law library's catalog for availability.

  • Maryland Practice Forms, 5th ed. / Alex M. Allman ... [et al.] ; Baltimore, Md.: Young Lawyers Section, Maryland State Bar Association, 2009.

Resources for More Help


The resources below may help you to understand Maryland adoption and foster care law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.



  • Maryland Child Welfare Benchbook / Annapolis, MD. : Administrative Office of the Courts, 2009.

  • Maryland Family Law / John F. Fader, II, Richard J. Gilbert. New York : Lexis Publishing, 2009. Updated annually.

Researching Bankruptcy Law

Introduction

Bankruptcy law is governed by primarily by federal statute, however, state statutes also play a role. Depending on the specific problem you are trying to research, you will probably need to research both federal and Maryland law.

Federal Statutes

The United States Bankruptcy Code is found in Title 11 of the United States Code, and is divided into eight parts:

  • Chapter 1: General Provisions, Definitons, and Rules of Construction - 11 U.S.C. Sections 101-110 [13]
  • Chapter 3: Case Administration - 11 U.S.C. Sections 301-366 [14]
  • Chapter 5: Creditors, Debtors, and the Estate - 11 U.S.C. Sections 501-560 [15]
  • Chapter 7: Liquidation - 11 U.S.C. Sections 701-784 [16]
  • Chapter 9: Adjustment of the Debts of a Municipality - 11 U.S.C. Sections 901-946 [17]
  • Chapter 11: Reorganization [of the debts of a corporation] - 11 U.S.C. Sections 1101-1174 [18]
  • Chapter 12: Adjustment of the Debts of a Family Farmer with Regular Annual Income - 11 U.S.C. Sections 1201-1231 [19]
  • Chapter 13: Adjustment of the Debts of an Individual with Regular Income - 11 U.S.C. Sections 1301-1330 [20]

The official source of the federal statutes is the United States Code. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because (unlike the version linked above) they include summaries of cases that interpret each statute.

Maryland Statutes

In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries  and many Maryland public libraries carry the Annotated Code of Maryland in print. For your convenience, this guide provides a link to a free database of Maryland's statutes maintained by the General Assembly [4]. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

Citations to selected Maryland bankruptcy-related statutes:

  • Md. Code Courts & Judicial Proceedings Article § 11-504 [21] (Maryland Bankruptcy Exemptions)
  • Md. Code Commercial Law Article, Title 15: Debt Collection - Special Provisions [22]

Court Rules & Forms

  • Local Rules of the United States Bankruptcy Court for the District of Maryland [23]
  • Federal Rules of Bankruptcy Procedure [24]
  • Official Bankruptcy Forms [25] [from the U.S. Courts Home page]

Resources for Additional Help

The resources below may help you to understand bankruptcy law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

  • The New Bankruptcy: Will It Work for You? / Stephen Elias. 4th ed. Berkeley, Calif.: Nolo, 2011.
  • How to File for Chapter 7 Bankruptcy / Stephen R. Elias, Albin Renauer, Robin Leonard, & Kathleen Michon. 16th ed. Berkeley, Calif.: Nolo, 2009.
  • Chapter 13 Bankruptcy: Repay Your Debts / Robin Leonard. 10th ed. Berkeley, Calif.: Nolo, 2010.
  • Gordon on Chapter 7 / Alexander Gordon, IV. 2nd ed. Baltimore, Md. : Maryland Institute for Continuing Professional Education of Lawyers, 1999.

Cases

There are several ways to begin research into bankruptcy case law. One way is to find the statutes that apply to your situation in the United States Code Annotated, the United States Code Service, the Annotated Code of Maryland then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search or the Federal Practice Digest, which is a subject index to federal case law, or the Maryland Digest, which is a subject index to Maryland case law. Many, but not all, law libraries also carry a specialized Bankruptcy Digest that summarizes only cases about bankruptcy. The Bankruptcy Digest would probably be the most helpful digest if you have access to a library that carries it. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Bankruptcy: Overview [26]
Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by the staff of the State Law Library

Researching Child Custody, Visitation, & Support Law

Statutes

Family law is mainly governed by state statutes. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print.

Custody in Maryland is also controlled by federal law, which must be looked at first in deciding whether you can file for custody in Maryland (jurisdiction).

  • Basically, if custody has been first decided in another state, you must return to that state court to modify the order. This is true as long as any of the parties or the child(ren) still live there. An attorney can help you decide about possible exceptions.
  • If no custody order has been entered, the question is whether Maryland is the “home” state for the child(ren). If it is, then you can file for custody in a Maryland court.

Maryland Child Custody Laws

  • Definitions and General Provisions (Title 1) [27]
  • Child Custody and Visitation (Title 9) [28]
  • Maryland Uniform Child Custody Jurisdiction and Enforcement Act (Title 9.5) [29]
  • Child Support (Title 12) [30]

Maryland's Uniform Child Custody Jurisdiction Act [31] is Maryland's version of the uniform law of similar name. This is the law that determines when the Maryland courts have the power to hear and decide a child custody case (jurisdiction). This is the law that tells you whether Maryland is the "home state" for purposes of a child custody case.

Federal Laws that Apply to Custody Matters

Parental Kidnapping Prevention Act of 1980 (PKPA) [32]  is a federal law that says the home state, or the state with child custody jurisdiction (power to hear and decide the case) is the only state that can decide the custody status of the child, and every other state is bound by the home state’s decision. This law prevents a parent who does not have legal custody from kidnapping their child from a state in hopes of winning legal custody in another state. This law does not apply to international cases.

Court Rules & Court Information

The Maryland court rules applying in family law cases are found in Title 9 [5]. The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules.

The five largest Circuit Court jurisdictions in Maryland (Anne Arundel County, Baltimore City, Baltimore County, Montgomery County, and Prince George's County) have Family Divisions that strive to provide a fair and efficient forum to resolve family legal matters in a problem-solving manner, with the goal of improving the lives of families and children who appear before the court. In Maryland's smaller cities and counties, Family Services Programs serve the same purposes. For more information on the Maryland Judiciary's Family Divisions and Family Services Programs, see the Maryland Judiciary Department of Family Administration home page. [8]

Regulations

The Maryland Child Support Enforcement Administration makes regulations relating to the collection of child support. The Administration's regulations are published officially in Title 7, Subtitle 07 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (see SAILOR [3]). The Administration's regulations are also available electronically on the Division of State Documents [33] home page. For more information on researching Maryland administrative regulations, see Finding Regulations.

Cases

Because family law is largely a matter of statute, you will probably want to look for cases that interpret Maryland's family law statutes. The easiest way to do this is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them. You can find additional cases by reading books that explain Maryland family law and noting the cases they cite. See "Resources for More Help" below for a list of books to get you started. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law. The topics "Child Custody" and "Child Support" would be good places to start in the Maryland Digest.

Forms

  • You can find the official self-help forms on the Maryland Judiciary's Domestic Relations Forms page [12].
  • Maryland Domestic Relations Forms, with Practice Commentary / Ann M. Turnbull and Joseph J. Wase. New York: Lexis Publishing, 2000. This and the other books listed below are available in many law libraries. Check your local law library's catalog for availability.
  • Maryland Practice Forms, 5th ed. / Alex M. Allman ... [et al.] ; Baltimore, Md.: Young Lawyers Section, Maryland State Bar Association, 2003.

Resources for More Help

The resources below may help you to understand Maryland family law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms. For Maryland family law forms, use the official court self-help forms [34] if they are available.

  • Maryland Department of Human Resources Child Support Program [35]
  • Maryland Divorce & Separation Law / edited by Daniel F. Thomas. 9th ed. Baltimore, Md. : MICPEL, 2009.
  • Custody: the Child's Voice / Baltimore, Md. : MICPEL, 2000.
  • Maryland Family Law / John F. Fader, II, Richard J. Gilbert. 4th ed. New York : Lexis Publishing, 2006.
  • Family Law Manual, Maryland / William D. Paton and William C. Staley. Lancaster, Pa. : Hanford Pub. Co., c1984-
  • Custody/Visitation Issues in the Non-Traditional Family / Baltimore, Md. : MICPEL, 1999.
  • Child Support Guidelines: Advocacy within Their Context / Baltimore, Md. : MICPEL, 1995.

International Child Custody Laws

International Parental Kidnapping Crime Act of 1993 [36]: This international law imposes a fine and/or imprisonment to any parent who removes a child from the United States when they are unlawful in doing so. Therefore, a non-custodial parent who steals their child away from the custodial parent and takes the child outside of the United States may be criminally prosecuted. The choices that you have will depend on whether the other country involved has signed an international treaty called the "Hague Convention."

International Child Custody Resource

The primary source of information and help is:
Department of State, Office of Children's Issues
SA-29
2201 C Street, NW
U.S. Department of State
Washington, DC 20520
1-888-407-4747 (8 a.m. - 8 p.m.)

Useful Resources on International Child Custody

  • State Department Resource Guide on International Child Abductions [37] - Includes prevention and search tips, the questionnaire/application needed by parents reporting an abduction, description of what the State Department can and cannot do, overview of legal solutions and non-legal approaches, links to federal laws.
  • Reports to Congress on International Child Abductions [38] - Useful report by the State Department includes tools used to prevent or track abductions and current status of open cases.
Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by the State Law Library staff

Researching Debt and Credit Law

Introduction

Debt and credit law are governed by both state and federal laws. Depending on the specific problem you are trying to research, you may need to research Maryland state law, federal law, or both.

Maryland Statutes

In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2]  and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

Citations to selected Maryland debt and credit law statutes:

  • Md. Code Commercial Law Article, Title 1: General Provisions [39]
  • Md. Code Commercial Law Article, Title 9: Secured Transactions [40]
  • Md. Code Commercial Law Article, Title 12: Credit Regulations (includes restrictions on interest rates and installment or "rent-to-own" sales) [41]
  • Md. Code Commercial Law Article, Title 15: Debt Collection - Special Provisions (includes assignment of debts, attachment of wages, priorities in insolvency/bankruptcy) [22]

Federal Statutes

The official source of the federal statutes is the United States Code. All Maryland law libraries and many Maryland public libraries carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. However, below are quick links to a few important federal debt- and credit-related statutes:
USC Title 15 Chapter 41
[42] includes most major consumer credit and debt laws.

  •     Subchapter I—Consumer Credit Cost Disclosure (§§ 1601—1667f)
  •     Subchapter II—Restrictions On Garnishment (§§ 1671—1677)
  •     Subchapter II-A—Credit Repair Organizations (§§ 1679—1679j)
  •     Subchapter III—Credit Reporting Agencies (§§ 1681—1681x)
  •     Subchapter IV—Equal Credit Opportunity (§§ 1691—1691f)
  •     Subchapter V—Debt Collection Practices (§§ 1692—1692p)
  •     Subchapter VI—Electronic Fund Transfers (§§ 1693—1693r)

Maryland Regulations

The Maryland Commissioner of Financial Regulation [43] regulates and investigates complaints against credit reporting agencies, retail installment sellers, mortgage lenders, and credit unions in Maryland. The Department's regulations are published officially in Title 9, Subtitle 3 of COMAR [44] (the Code of Maryland Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department's regulations are also available electronically on the Division of State Documents [45] home page.

Federal Regulations

The Federal Trade Commission [46] ("FTC") and the Federal Reserve Board [47] regulate consumer lending, credit reporting, and debt collection practices. The FTC's regulations are published officially in Title 16 [48] of the CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Federal Reserve Board's regulations are published officially in Title 12 Chapter II [49] of the CFR.  They are also published electronically on the Government Printing Office's web site.

The Department of Education's Office of Postsecondary Education ("OPE") regulates student loans. The OPE's regulations are published official in Title 34, Subtitle B, Chapter VI [50]of the CFR. 

Resources for Additional Help

The resources below may help you to understand debt and credit law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

  • Money Troubles: Legal Strategies to Cope with Your Debts / Margaret Reiter  and Robin Leonard. 11th ed. Berkeley, Calif.: Nolo, 2011.
  • Credit Repair / MJohn Lamb , Robin Leonard.  10th ed. Berkeley, Calif.: Nolo, 2011.
  • Fair Credit Reporting / Anthony Rodriguez. 7th ed. Boston, Mass.: National Consumer Law Center, 2010.
  • Take Control of Your Student Loan Debt / Robin Leonard & Deanne Loonin. 3rd ed. Berkeley, Calif.: Nolo, 2001.
  • Credit Card Consumer Guide [51] / Federal Reserve Board. Washington, D.C., 2001.
  • Federal Reserve Board consumer pamphlets on debt and credit problems [52]
  • Federal Student Aid [financial aid] Portal [53]

Cases

There are several ways to begin research into debt and credit case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, the United States Code Annotated, or the United States Code Service then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law, or the Federal Practice Digest, which is a subject index to federal case law. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library. Content reviewed, links and books updated.

Researching Divorce Law

Statutes

Divorce law is mainly governed by state statutes. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's family law statutes in a free web database maintained by Westlaw. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

Links to the Code of Maryland: Citations to selected Maryland Family law statutes:

  • Definitions and General Provisions (Title 1) [54]
  • Divorce (Title 7) [55]
  • Division of Property in Divorce (Title 8) [56]
  • Alimony (Title 11) [57]

Court Rules & Court Information

The Maryland court rules [58] applying in divorce law cases are found in Title 9. The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules.

The five largest Circuit Court jurisdictions in Maryland (Anne Arundel County, Baltimore City, Baltimore County, Montgomery County, and Prince George's County) have Family Divisions that strive to provide a fair and efficient forum to resolve family legal matters in a problem-solving manner, with the goal of improving the lives of families and children who appear before the court. In Maryland's smaller cities and counties, Family Services Programs serve the same purposes. For more information on the Maryland Judiciary's Family Divisions and Family Services Programs, see the Maryland Judiciary Department of Family Administration home page [8].

Cases

Because divorce law is largely a matter of statute, you will probably want to look for cases that interpret Maryland's family law statutes. The easiest way to do this is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them. You can find additional cases by reading books that explain Maryland divorce law and noting the cases they cite. See "Books for More Help" below for a list of books to get you started. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law.

Forms

  • The Maryland Judiciary's Domestic Relations Forms page [12].
  • Maryland Domestic Relations Forms, with Practice Commentary / Ann M. Turnbull and Joseph J. Wase. New York: Lexis Publishing, 2000. This and the other books listed below are available in many law libraries. Check your local law library's catalog for availability.
  • Maryland Practice Forms, 6th ed. /LaKeecia Allen ... [et al.] ; Baltimore, Md.: Young Lawyers Section, Maryland State Bar Association, 2009.

Books for More Help

The resources below may help you to understand Maryland family law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

  • Maryland Divorce & Separation Law / edited by Daniel F. Thomas. Baltimore, Md. : MICPEL, 2009.
  • Fader's Maryland Family Law /  Cynthia Callahan, Thomas C. Ries. New Providence, NJ, 2011.
  • Equitable Distribution in Divorce Settlements in Maryland : Valuation, Tax and Other Issues / Theodore W. Hirsh, Kristine Kappeler Howanski, Julie Ellen Landau. Eau Claire, WI : National Business Institute, 2000.
  • Divorce & Money / Attorney Violet Woodhouse, Victoria Felton-Collins. Berkeley, CA : Nolo Press, 2011.
Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library

Researching Domestic Violence Law

Statutes

Domestic violence law is governed primarily by criminal and family law statutes. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [59] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's domestic violence statutes in a free web database. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

Citations to selected Maryland Family law statutes:

  • MD Code Fam. Law Title 4: Spouses [60]
  • MD Code Fam. Law Title 5: Children [61]
  • MD Code Fam. Law Title 14: Adult Protective Services [62]
  • MD Code Crim. Law Title 3: Other Crimes against the Person (Includes Subtitle 8: Stalking and Harassment [63]; Subtitle 2: Assault, Reckless Endangerment, and Related Crimes [64]; and Subtitle 3: Sexual Crimes [65])

Court Information and Forms

The Maryland Judiciary provides information about and forms for petitioning for protection from domestic violence on its home page. See Petition for Protection from Domestic Violence. The page includes a glossary of legal terms and a brochure describing the petitioning process.
 
Petitions for protection can be filed in either Circuit or District Court. You may therefore find it helpful to review the court rules for the court you will be filing in:

  • Maryland Circuit Court Rules [5]
  • Maryland District Court Rules [5]

The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules. You may therefore wish to visit a library to do your rules research in print, instead of relying on the web version.

There is also a good book on handling domestic violence cases in court, written by the House of Ruth [66] Domestic Violence Legal Clinic: Domestic Violence Cases : Handling Them Effectively in Maryland District and Circuit Courts [67]. 2003 ed. Baltimore, Md.: Maryland Institute for Continuing Professional Education of Lawyers, 2003. Check your local library for availability.

Regulations

The State of Maryland provides several assistance programs that could be helpful to victims of domestic violence. The legal rules governing the operation of these programs are called regulations.
 
The Maryland agency that manages programs for victims of domestic violence is the Office of Victim Services [68] within the Department of Human Resources [69]. Programs that might be helpful to victims of domestic violence include not only the Domestic Violence Program, but also the Adult Protective Services, Rape Crisis, Displaced Homemaker, and Homeless Women Crisis Shelter programs. Regulations are published officially in Title 7, Subtitle 1 of COMAR [70] (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list [2]) and many Maryland public libraries (SAILOR [3]).

Cases

There are several ways to begin research into domestic violence case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them. You can find additional cases by reading books that explain Maryland family law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a big subject index to Maryland case law. The Maryland Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case. The topic and key numbers that are most likely to lead to cases about protection from domestic violence are Breach of the Peace k. 15 through 21.

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library

Researching Employment Wage & Hour Law

Introduction


Employment wage and hour law is governed by both state and federal laws. Depending on the specific problem you are trying to research, you may need to research Maryland state law, federal law, or both.


Maryland Statutes


In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print.

Citations to selected Maryland employment law statutes:



  • Md. Code Labor & Employment Article, Title 1: Definitions; General Provisions [71]

  • Md. Code Labor & Employment Article, Title 3: Employment Standards and Conditions [Includes restrictions on working hours, minimum wage, etc.] [72]

Federal Statutes


The official source of the federal statutes is the United States Code. All Maryland law libraries and many Maryland public libraries carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. However, below are quick links to some important federal employment-related statutes:



  • The Employee Polygraph Protection Act, 29 U.S.C. Sections 2001-2009 [73]

  • The Employee Retirement Income Security Act, 29 U.S.C. Sections 1001-1461 [74]

  • The Fair Labor Standards Act, 29 U.S.C. Sections 201-219 [75]

  • The Family and Medical Leave Act, 29 U.S.C. Sections 2601-2654 [76] 

Maryland Regulations


The Maryland Department of Labor, Licensing, and Regulation's Division of Labor and Industry [77] regulates wages and working hours in Maryland. The Department's regulations are published officially in Title 9, Subtitle 12 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department's regulations are also available electronically on the Division of State Documents [78] home page.


Federal Regulations


The U.S. Department of Labor's Wage and Hour Division ("WHD") [79]regulates minimum wages, maximum hours, and other related conditions of employment. The WHD's regulations are published officially in Title 29 of the CFR [80] (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries.


The Employee Benefits Security Administration ("EBSA") [81] regulates employee benefit plans such as pensions, 401(k)s, and health plans. Its regulations are officially published in Title 29 of the CFR. They are also available electronically on the EBSA web site [82].


Resources for Additional Help


The resources below may help you to understand employment law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.



  • Fundamentals of Employment Law / Karen E. Ford, Kerry E. Notestine, Richard N. Hill, editors. 2nd ed. Chicago, Ill.: ABA Tort and Insurance Practice, 2000.

  • Maryland Employment Law / Stanley Mazaroff. 2nd ed. Charlottesville, Va.: LEXIS Publishing, c2001-.

  • Maryland Employment Law: Forms and Practice Manual/ Carla N. Murphy. Brooklandville, Md : Data Trace Pub. Co., 2006.

  • Your Rights in the Workplace / Barbara Kate Repa. 10th ed. Berkeley, Calif.: Nolo, 2010.

  • The Employer's Legal Handbook / Fred S. Steingold. 10th ed. Berkeley, Calif.: Nolo, 2011.

Cases


There are several ways to begin research into wage and hour case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, the United States Code Annotated, or the United States Code Service then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law, or the Federal Practice Digest, which is a subject index to federal case law. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by the staff of the State Law Library.

Researching Home Ownership Law

Maryland Statutes

In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2]  and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's statutes in a free web database maintained by Lexis-Nexis.
Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

Citations to Maryland selected housing law statutes:

  • Md. Code Real Property Article, Title 10: Sales of Property [83]
  • Md. Code Real Property Article, Title 4: Requisites of Valid Instruments (Deeds) [84]
  • Md. Code Real Property Article, Title 3: Recordation (of Deeds) [85]
  • Md. Code Real Property Article, Title 7: Mortgages, Deeds of Trust, and Vendor's Liens [86]
  • Md. Code Real Property Article, Title 11: Condominium Act [87]
  • Md. Code Real Property Article, Title 12: Eminent Domain [88]

For more information on researching Maryland statutes, see Finding Statutes and Searching for Maryland Statutes When You Don't Have a Citation [89].

Federal Statutes

The official source of the federal statutes is the United States Code. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. Because there is no up-to-date free version of the United States Code on the web, we will not link to it here. However, below are some important federal housing-related statutes that you might want to look up in print:

  • The Fair Housing Act, 42 U.S.C. Sections 3601-3631 [90] (prohibits discrimination in the sale or rental of housing)
  • The Department of Housing and Urban Development Act, 42 U.S.C. Sections 3531-3549 [91] (created the Department of Housing and Urban Development, which provides assistance with home buying, development, and improvements)
  • The Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sections 5401-5426 [92]

Maryland Regulations

The Maryland State Department of Assessments and Taxation ("SDAT") [93] appraises taxable property at market value and certifies property values to local governments for tax purposes. The SDAT's regulations are published officially in Title 18 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list [2]) and many Maryland public libraries (SAILOR [3]). SDAT's regulations are also available electronically here.

The Maryland Department of Housing and Community Development ("DHCD") [94] offers assistance to persons developing or improving housing. The DHCD's regulations are published officially in Title 5 of COMAR. DHCD's regulations are also available electronically here [95].

The Maryland Commissioner of Financial Regulation [96] regulates mortgage lenders, bankers, and brokers. The Commissioner's regulations are available in the print version of COMAR, and electronically by clicking here [97].

Federal Regulations.

The U.S. Department of Housing and Urban Development [98]offers grants, loans, and other assistance to persons purchasing, developing, or improving housing. It also investigates complaints against deceptive contractors and housing discrimination. The Department's regulations are published officially in Title 24 of CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries (list [2]) and many Maryland public libraries (SAILOR [3]). The Department's regulations are also available electronically on the GPO Access [99] home page.

City and County Ordinances

Zoning laws (laws about where, when, and how different types of structures may be built) are a matter of local law. Your local law library or public library will probably have a copy of your city's or county's ordinances, in which you can research zoning issues. The Baltimore City Code is available on the web [100]. A list of other Maryland municipal codes [101] is also available on the web. You can also find contact information, including links to web sites, for many local government offices by checking the Maryland Manual Online [102].

Forms

  • em>Maryland Real Estate Forms / Russell R. Reno, Jr., Wilbur E. (Pete) Simmons, Jr. Baltimore, Md. : Rykim International Pub. Co., 1983- (looseleaf for updating).
  • Residential Real Estate Transactions / Young Lawyers' Section, Bar Assn. of Baltimore City ; Searle E. Mitnick, Ann Clary Gordon, editors. 3rd ed. Baltimore, Md. : Maryland Institute for Continuing Professional Education of Lawyers, 1995- (looseleaf for updating).
  • HUD Forms for downloading [103]
  • HUD Grants [104]
  • HUD Complaint Forms [105]. For housing discrimination, faulty manufactured housing, deceptive contractors, etc.

Resources for Additional Help

The resources below may help you to understand home ownership law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

  • Mastering Real Estate Titles and Title Insurance in Maryland / Lawrence s. Conn, Gordon B. Heyman, J. Paul Rieger, Jr. Eau Claire, WI: National Business Institue, 2000.
  • Residential Real Estate Transactions / J. Paul Rieger, Jr., Thomas D. Gibbons, editors. 4th ed. Baltimore, Md. : Maryland Institute for Continuing Professional Education of Lawyers, 1995- (looseleaf for updating).

Cases

There are several ways to begin research into home ownership case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, the United States Code Annotated, or the United States Code Service then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law, or the Federal Practice Digest, which is a subject index to federal case law. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Researching Immigration Law

Statutes

Immigration law is primarily governed by a federal statute known as the Immigration and Naturalization Act, 8 U.S.C. Sections 1101-1775 [106]. Although we have linked to an electronic version of the Act here, there are good reasons to research federal statutes in print. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry one of the commercial print versions of the United States Code: the United States Code Annotated or the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. Free web versions of the U.S.C. do not provide case summaries and may not be completely up to date.

Regulations & Policy Documents

Immigration law does not end with the statutes. The statutes authorize U.S. Citizenship and Immigration Services (USCIS) [107] and the Department of State [108] to make legally binding regulations implementing the purposes of the statutes. Regulations made by the BCIS can be found in Title 8 of the Code of Federal Regulations [109]. Those made by the State Department, which deal primarily with foreign diplomats in the United States, can be found in Title 22 of the C.F.R [110].
 
In addition to regulations, the USCIS and other federal agencies (including the U.S. Customs and Immigration Enforcement [111] and the Executive Office of Immigration Review [112]) issue other documents to help with the interpretation of the immigration laws. These include Operation Instructions, Interpretations, Administrative Decisions, and decisions from the Board of Immigration Appeals. Operation Instructions (OIs) and Interpretations supplement and clarify the provisions of the statute and regulations. They are not included in the regulations because they deal generally with procedural matters and do not deal directly with application and benefit requirements. Administrative Decisions are opinions issued by local and regional USCIS offices when they make decisions on individual immigration applications, and they provide clues as to how the USCIS is likely to rule on similar applications in the future, but they are not binding. The Board of Immigration Appeals (BIA) issues appellate administrative decisions that are binding on the USCIS offices responsible for enforcing immigration laws nationwide. Decisions of the BIA are binding on all USCIS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. The USCIS and its sister agencies have also published several handbooks [113]on various aspects of immigration law.

Court Rules & Forms

Annotated versions of the court rules applicable to all federal courts are available in the United States Code Annotated and the United States Code Service, which are available at many Maryland libraries. Each specific federal court has local rules that supplement these general rules. Links to the local rules of federal courts with jurisdiction in Maryland appear below.

  • Local Rules of the United States District Court for the District of Maryland [114]
  • Local Rules of the United States Court of Appeals for the Fourth Circuit [115]

The courts also provide some forms on their web sites:

  • United States District Court for the District of Maryland forms [116]
  • United States Court of Appeals for the Fourth Circuit forms [117]

United States Citizenship and Immigration Services requires the use of its own forms for most purposes. Forms can be downloaded from the USCIS "Forms and Fees" page [118].

Cases

There are several ways to begin research into immigration case law. One way is to find the statutes that apply to your situation in the United States Code Annotated or the United States Code Service, then look at the case summaries that follow them. You can find additional cases by reading books that explain immigration law and noting the cases they cite. Another method of finding cases is to search the Federal Practice Digest, which is a subject index to federal case law. The Federal Practice Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by State Law Library staff.

Researching Juvenile Justice Law

Statutes


Juvenile delinquency law is largely governed by statute. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's statutes in a free web database maintained by Lexis-Nexis. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.


Court Rules


The court rules governing juvenile proceedings appear in Title 11 of the Maryland Rules of Court [58]. The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules. You may therefore wish to visit a library to do your rules research in print, instead of relying on the web version.


Regulations & Policy Documents


The Maryland Department of Juvenile Services has made extensive regulations concerning the construction and management of juvenile facilities, as well as the provision of services to youths in the juvenile justice system. The Department's regulations are published officially in Title 16 of COMAR [119] (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department has also issued several policy documents, including statements of its policies on the use of force and the prevention of suicide in juvenile facilities. These policy statements are available on the Department's home page, here [120]. Other policy documents of interest include the following:



  • Standards of Conduct and Disciplinary Process [121]

  • Maryland Standards for Juvenile Detention Facilities

    • Parts I & II [122]

    • Part III [123]

    • Appendices 1 - 5 [124]

    • Appendices 6 - 7 [125]

Cases


There are several ways to begin research into juvenile justice case law.



  • One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them.

  • You can find additional cases by reading books (treatises) that explain Maryland juvenile justice law and noting the cases they cite.

  • Another method of finding cases is to search the Maryland Digest, which is a big subject index to Maryland case law. The Maryland Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue.
Source: 
Sara Kelley, Librarian, Georgetown University Law Library.

Researching Landlord-Tenant Law

Introduction


Landlord-tenant relations are governed mainly by state statutes and case law. However, depending on the specific problem you are trying to research, you may need to research Maryland state law, federal law, or both.


Maryland Statutes


In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print.

Citations to selected Maryland landlord-tenant law statutes:



  • Md. Code Real Property Article, Title 8: Landlord and Tenant [126]

Federal Statutes


The official source of the federal statutes is the United States Code. All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. Two sources for the federal code online are GPO Access [127] and the Cornell Legal Information Institute [128], however both of these sources are frequently out of date. Below are some important federal statutes that you might want to look up in print:



  • The Fair Housing Act, 42 U.S.C. Sections 3601-3631 [129] (prohibits discrimination in housing rentals)

  • 42 U.S.C. Sections 1404a-1440: Low Income Housing [130]

Federal Regulations


The U.S. Department of Housing and Urban Development [98] investigates complaints against landlords in federal housing, and complaints of discrimination in private housing rentals. The Department's regulations are published officially in Title 24 of CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department's Fair Housing regulations are also available electronically on the GPO Access home page [99].


Forms



  • Maryland Landlord-Tenant Law, Practice and Procedure / Douglas M. Bergman 4th ed. New Providence, N.J. : LexisNexis, 2009.

  • Maryland Real Estate Forms / Russell R. Reno, Jr., Wilbur E. (Pete) Simmons, Jr. Baltimore, Md.: Rykim International Pub. Co., 1983- (looseleaf for updating).

  • Residential Real Estate Transactions / J. Paul Rieger, Jr., Thomas D. Gibbons, editors. 4th ed. Baltimore, Md.: Maryland Institute for Continuing Professional Education of Lawyers, 2004.

  • HUD Complaint Forms [131]. For housing discrimination, bad landlords in federal housing, etc.

Resources for Additional Help


The resources below may help you to understand landlord-tenant law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.



  • Maryland guide to local, state and federal laws governing tenant-landlord relations : including laws prohibiting discrimination in housing. Baltimore, Md. : Baltimore Neighborhoods, 2010.

  • Every Landlord's Legal Guide / Janet Portman, Marcia Stewart & Ralph Warner. 10th ed. Berkeley, CA: Nolo, 2010.

  • Every Tenant's Legal Guide / Janet Portman & Marcia Stewart. 6th ed. Berkeley, CA: Nolo, 2009.

  • Renters' Rights: The Basics / Janet Portman & Marcia Stewart. 6th ed. Berkeley, CA: Nolo, 2012.

Cases


There are several ways to begin research into landlord-tenant case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law. The Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by the staff of the Maryland State Law Library

Researching Subsidized Housing Law

Maryland Statutes

In Maryland, the official source of the state statutes is the Annotated Code of Maryland. Statutes can be found in the Maryland Housing and Community Development [132] section and Real Property [133] section (tables of content available here). All Maryland law libraries [2] and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print.

Federal Statutes

The official source of the federal statutes is the United States Code. All Maryland law libraries and many Maryland public libraries carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. There are at least two important federal housing-related statutes that you might want to look up in print, and we provide quick links to them here:

  • The Department of Housing and Urban Development Act [134], 42 U.S.C. Sections 3531-3549 (created the Department of Housing and Urban Development, which provides assistance for housing and community development)
  • 42 U.S.C. Sections 1404a-1440: Low Income Housing [130]

Maryland Regulations

The Maryland Department of Housing and Community Development [94] offers assistance to persons developing or improving housing. It also provides rental assistance programs such as Section 8. The Department's regulations are published officially in Title 5 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department's regulations are also available electronically on the Division of State Documents [95] home page.

Federal Regulations

The U.S. Department of Housing and Urban Development [98] offers grants, loans, and other assistance to persons developing or improving low-income housing. The Department's regulations are published officially in Title 24 [99] of CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department's regulations are also available electronically on the GPO Access [99] home page.

Forms

  • Maryland Department of Housing and Community Development Forms & Applications [135]
  • HUD Grants [136]

Resources for Additional Help

The resources below may help you to understand subsidized housing law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

  • HUD's Office of Public and Indian Housing [137]
  • Public Housing Occupancy Guidebook [138]
  • HUD's Housing Choice Vouchers Program [139]
  • Guidebook [140]

Cases

There are several ways to begin research into case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, the United States Code Annotated, or the United States Code Service then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law, or the Federal Practice Digest, which is a subject index to federal case law. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case. Topics and key numbers that are likely to lead to cases about subsidized housing law include United States k. 82(3) (in the Federal Practice Digest) and Municipal Corporations k. 717.5 (in the Maryland Digest).

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by State Law Library staff.

Researching Workplace Safety Law

Introduction

Workplace safety law is governed by both state and federal laws. Depending on the specific problem you are trying to research, you may need to research Maryland state law, federal law, or both.

Maryland Statutes

In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries [2]  and many Maryland public libraries (see SAILOR [3], Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's statutes in a free web database maintained by the Maryland legislature. The link is to the first section of the title. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.

Citations to selected Maryland workplace safety law statutes:

  • MD Code Labor & Employment Article, Title 1: Definitions; General Provisions [141]
  • MD Code Labor & Employment Article, Title 5: Occupational Safety & Health [142]
  • MD Code Labor & Employment Article, Title 5.5: Railroad Safety & Health [143]
  • MD Code Labor & Employment Article, Title 9: Workers Compensation [144]

Federal Statutes

The official source of the federal statutes is the United States Code. All Maryland law libraries and many Maryland public libraries carry the United States Code in print. Many of the same libraries also carry one of the unofficial versions, the United States Code Annotated and the United States Code Service. It is a good idea to do your federal statute research in one of these unofficial print versions of the Code, because they are both more up-to-date than the official Code, and because they include summaries of cases that interpret each statute. However, below are quick links to some important federal workplace safety statutes that you might want to look up in print:

  • The Black Lung Benefits Act, 30 U.S.C. §§ 901-945 [145]
  • The Energy Employees Occupational Illness Compensation Program Act, 42 U.S.C. §§ 7384-7385 [146]
  • The Fair Labor Standards Act, 29 U.S.C. §§ 201-219 [75]
  • The Federal Employees' Compensation Act, 5 U.S.C. §§ 7902, 8101-8103, 8105-8107, 8110, 8114-8124, 8126, 8128-8135, 8138, 8145-8149 [147]
  • The Federal Mine Safety and Health Act, 30 U.S.C. §§ 801-962 [148]
  • The Longshore and Harbor Workers Compensation Act, 33 U.S.C. §§ 901-950 [149]
  • The Occupational Safety and Health Act, 29 U.S.C. §§ 651-678  [150]     

Maryland Regulations

The Maryland Department of Labor, Licensing, and Regulation's Division of Labor and Industry [77] regulates workplace safety in Maryland. The Department's regulations are published officially in Title 9, Subtitle 12 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. The Department's regulations are also available electronically on the Division of State Documents [78] home page.

The Maryland Workers Compensation Commission regulates compensation and insurance for workplace injuries. The Commission's regulations are published officially in Title 14, Subtitle 9 of COMAR [151].

Federal Regulations

The Occupational Safety and Health Administration ("OSHA") [152] regulates general workplace safety. OSHA's regulations are published officially in Title 29 of the CFR (the Code of Federal Regulations), the print version of which is available in all Maryland law libraries and many Maryland public libraries. OSHA's regulations are also available electronically on its web site [153].

The Mine Safety and Health Administration ("MSHA") [154] regulates mine worker safety. MSHA's regulations are published officially in Title 30 of the CFR. The are also available electronically on the Government Printing Office web site [155].

Other federal workplace safety regulations can be found in Title 20 CFR [156] (various worker compensation programs).

Resources for Additional Help

The resources below may help you to understand employment law. Keep in mind, however, that books that explain the law are no substitute for the law itself. You should always verify what the authors of these books say about the law by looking up the statutes, cases, and regulations the books cite. Some of these books may also include sample forms.

  • Fundamentals of Employment Law / Karen E. Ford, Kerry E. Notestine, Richard N. Hill, editors. 2nd ed. Chicago, Ill.: ABA Tort and Insurance Practice, 2000.
  • Maryland Employment Law / Stanley Mazaroff. 2nd ed. Charlottesville, Va.: LEXIS Publishing, c2001-.
  • Maryland Employment Law: Forms and Practice Manual/ Carla N. Murphy. Brooklandville, Md : Data Trace Pub. Co., 2006.
  • Maryland Workers' Compensation Handbook / Richard P. Gilbert, Robert L. Humphreys, Jr. 3rd ed. Newark, N.J. : LexisNexis, c2007.
  • Your Rights in the Workplace / Barbara Kate Repa. 10th ed. Berkeley, Calif.: Nolo, 2010.
  • The Employer's Legal Handbook / Fred S. Steingold. 10th ed. Berkeley, Calif.: Nolo, 2011.
  • The Occupational Safety and Health Administration Publications [157]

Cases

There are several ways to begin research into workplace safety case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, the United States Code Annotated, or the United States Code Service then look at the case summaries that follow them. You can find additional cases by reading books that explain the law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a subject index to Maryland case law, or the Federal Practice Digest, which is a subject index to federal case law. The Digests arrange summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case.

Source: 
This section developed by Sara Kelley, Librarian, Georgetown University Law Library, updated by the State Law Library staff.

Source URL: http://www.peoples-law.org/node/30

Links:
[1] http://www.peoples-law.org/node/308
[2] http://www.lawlib.state.md.us/researchtools/otherlibraries.html
[3] http://www.sailor.lib.md.us/
[4] http://mlis.state.md.us/
[5] http://www.lexisnexis.com/hottopics/mdcode/
[6] http://mlis.state.md.us/asp/statutes_respond_2013.asp?article=gfl&section=1-101&Extension=HTML
[7] http://mlis.state.md.us/asp/statutes_respond_2013.asp?article=gfl&section=5-101&Extension=HTML
[8] http://www.courts.state.md.us/family/circuitprograms.html
[9] http://www.dsd.state.md.us/comar/subtitle_chapters/07_Chapters.aspx
[10] http://www.dsd.state.md.us/comar/subtitle_chapters/07_Chapters.aspx#Subtitle02
[11] http://www.dsd.state.md.us/comar/subtitle_chapters/07_Chapters.aspx#Subtitle05
[12] http://www.courts.state.md.us/family/forms/domrel.html
[13] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_1.html
[14] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_3.html
[15] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_5.html
[16] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_7.html
[17] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_9.html
[18] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_11.html
[19] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_12.html
[20] http://www.law.cornell.edu/uscode/html/uscode11/usc_sup_01_11_10_13.html
[21] http://mlis.state.md.us/asp/web_statutes.asp?gcj&11-504
[22] http://mlis.state.md.us/asp/web_statutes.asp?gcl&15-101
[23] http://www.mdb.uscourts.gov/
[24] http://www.law.cornell.edu/rules/frbp/
[25] http://www.uscourts.gov/bkforms/index.html
[26] http://www.peoples-law.org/node/481
[27] http://mlis.state.md.us/asp/web_statutes.asp?gfl&1-101
[28] http://mlis.state.md.us/asp/web_statutes.asp?gfl&9-101
[29] http://mlis.state.md.us/asp/web_statutes.asp?gfl&9.5-101
[30] http://mlis.state.md.us/asp/web_statutes.asp?gfl&12-101
[31] http://mlis.state.md.us/asp/statutes_respond.asp?article=gfl&section=9.5-101&Extension=HTML
[32] http://www4.law.cornell.edu/uscode/28/1738A.html
[33] http://www.dsd.state.md.us/comar/subtitle_chapters/07_Chapters.aspx#Subtitle07
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