Comments for Law Office of Bruce Godfrey

Comment on Basic Guide to Maryland MVA License Hearings by Bruce Godfrey

Bruce Godfrey — Mon, 16 Jan 2012 13:52:58 +0000

Hi, Mr. DeNardi. I would prefer not to attempt to offer you legal advice in this forum, since I am not your lawyer. Good luck to you!

Comment on Basic Guide to Maryland MVA License Hearings by Joe DeNardi

Joe DeNardi — Thu, 05 Jan 2012 01:27:59 +0000

If a person who took a breathalyzer and blew a 0.12, had his license suspended but did not make a timely appeal to the OAH during the 30 day period have any method for getting a modification of the suspension from the DMV. Is Annotated Code Md. TRANSPORTATION § 16-205.1 (2011)
§ 16-205.1. paragraph (n) applicable at all?

Comment on Bruce Godfrey Joins Faculty of Solo Practice University, Teaching Unemployment Appeals Course by beth goldstein

beth goldstein — Tue, 13 Sep 2011 03:35:53 +0000

So so happy for you Bruce…you deserve it!

Comment on “What Does a DUI/DWI Cost?” – A LOT by Debbie Mittleman

Debbie Mittleman — Sat, 25 Jun 2011 01:44:59 +0000

I went to high school and camp with Nancy, she was a close friend of my sister’s as well. I think about her and her family every time I hear about someone who is driving drunk. The loss for this family is immeasurable. Thank you for this post, people need to understand how one moment in time can change the course of people’s lives forever.

Comment on “What Does a DUI/DWI Cost?” – A LOT by Gabe Acevedo

Gabe Acevedo — Thu, 19 May 2011 21:31:01 +0000

Great post!

Comment on The Law of Sex in Maryland Part 1 – Age(s) of Consent by Julie Herold

Julie Herold — Wed, 20 Apr 2011 14:20:59 +0000

So what about sex ed classes? With the way this is written, couldn’t they be construed to be illegal, since they most likely describe sexual conduct or excitement? MD law; crazy, isn’t it.
Thanks for doing this, Bruce. I find it as an interesting comparison to VA law, and will probably share this with a friend of mine who is a criminal defense attorney, and gets sexual misconduct cases all the time; plus, she shares information about VA law with us in an effort to warn us about potential legal problems that my 18 year old son and friends could unwittingly find themselves in. This last part I greatly appreciate, as we are doing what we can to help said 18 yr. old son keep his nose clean.

Comment on Wrongful Termination under Maryland Law by Bruce Godfrey

Bruce Godfrey — Thu, 07 Apr 2011 23:00:30 +0000

Hi and thank you for posting!

I will attempt to hit your points in sequence.

Per the Maryland Constitution’s Declaration of Rights, Maryland imported the Common Law of England into its state law as that Common Law stood on July 4, 1776. Interesting, the Common Law of England was considered to be a right of the people, a bulwark against capricious and tyrannical rule. At-will employment was the law of England at the time.

The contractual exceptions come from the Common Law as well; a contract is presumably enforceable until proven otherwise.

As for the discrimination laws, the MD Constitution provides that the General Assembly has the power to enact legislation contrary to the Common Law. To quote: Md. Dec. of Rights Article 5(a)(1):(1)

That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty-seven; except such as may have since expired, or may be inconsistent with the provisions of this Constitution; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the Inhabitants of Maryland are also entitled to all property derived to them from, or under the Charter granted by His Majesty Charles the First to Caecilius Calvert, Baron of Baltimore.

The Court has opined that a civil remedy should exist for those who suffer damages for doing, essentially, what the State wanted or authorized (through Act of the General Assembly) to be done from those who would thwart and undercut the policy that the State prescribed. As for the other remedies, those exist either by Act of the General Assembly or of Congress, the latter of which MD’s Constitution and the federal Constitution regard as supreme over state law.

Comment on Wrongful Termination under Maryland Law by Graham

Graham — Thu, 07 Apr 2011 20:12:47 +0000

Does an employer have to give a reason for dismissal?
If not, how is discriminatory intent determined?
Not being American, I am unfamiliar with “at will”, but if anyone can be fired for no reason – how can there be exceptions?

Comment on Wrongful Termination under Maryland Law by Ryan Rhea

Ryan Rhea — Thu, 07 Apr 2011 18:10:30 +0000

Thanks for posting the article, was certainly a great read!

Comment on Wisconsin Supreme Court – Unhinged by Bruce Godfrey

Bruce Godfrey — Tue, 22 Mar 2011 12:11:35 +0000

Dan, thank you. I lacked the immense benefits of a Jewish grandmother – such misfortunes happen when you are Scottish/German/Irish, etc. – but point very well taken. I am pleased to hear of her scholarship in this area.

My suspicion, though I might be wrong, is that this story reflects only upon the person who utters the epithet, which is so often the case in human affairs.