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Articles 31 - 60 of 276
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Alternatives To Liberal Constitutional Democracy, David S. Law
Alternatives To Liberal Constitutional Democracy, David S. Law
Maryland Law Review
The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to proactively explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security.
Along these dimensions, the advantages …
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson
Maryland Law Review
No abstract provided.
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Maryland Law Review
No abstract provided.
Constitutional Incorporation: A Consideration Of The Judicial Function In State And Federal Constitutional Interpretation, Richard Boldt, Dan Friedman
Constitutional Incorporation: A Consideration Of The Judicial Function In State And Federal Constitutional Interpretation, Richard Boldt, Dan Friedman
Maryland Law Review
No abstract provided.
Kolbe V. Hogan: Hewing To Heller And Taking Aim At A Standard Of Strict Scrutiny For Comprehensive Firearms Legislation, Brett S. Turlington
Kolbe V. Hogan: Hewing To Heller And Taking Aim At A Standard Of Strict Scrutiny For Comprehensive Firearms Legislation, Brett S. Turlington
Maryland Law Review
No abstract provided.
The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler
The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler
Maryland Law Review
In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Maryland Law Review
No abstract provided.
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Maryland Law Review
No abstract provided.
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Maryland Law Review
No abstract provided.
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Maryland Law Review
No abstract provided.
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Maryland Law Review
During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …
Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano
Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano
Maryland Law Review
New technologies inevitably raise novel legal questions. This is particularly true of technologies, such as neuro lie detection, that offer new ways to investigate crime. Recently, a number of scholars have asked whether neuro lie detection testing is constitutional. So far, the debate has focused on the Fifth Amendment—specifically whether evidence gathered through neuro lie detection is constitutionally admissible because it is “physical” in nature or inadmissible because it is “testimonial” in nature. Under current Supreme Court doctrine, this Fifth Amendment debate is intractable. However, the more fundamental question of whether the government can compel individuals to undergo a neuro …
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Maryland Law Review
No abstract provided.
Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton
Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton
Maryland Law Review
No abstract provided.
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr
Maryland Law Review
No abstract provided.
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
Maryland Law Review
The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …
Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington
Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington
Maryland Law Review
No abstract provided.
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Maryland Law Review
No abstract provided.
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
Maryland Law Review
No abstract provided.
Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein
Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein
Maryland Law Review
During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These …
Kaley V. United States: Sanctifying Grand Jury Determinations And Marginalizing The Right To Counsel Of Choice, Laura Merkey
Kaley V. United States: Sanctifying Grand Jury Determinations And Marginalizing The Right To Counsel Of Choice, Laura Merkey
Maryland Law Review
No abstract provided.
Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart
Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart
Maryland Law Review
No abstract provided.
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Journal of Business & Technology Law
No abstract provided.
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
Maryland Law Review
No abstract provided.
Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr.
Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr.
Maryland Law Review
No abstract provided.
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt
Journal of Health Care Law and Policy
No abstract provided.
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Maryland Law Review
No abstract provided.
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Maryland Law Review
No abstract provided.
Passive-Aggressive Executive Power, Corinna Barrett Lain
Passive-Aggressive Executive Power, Corinna Barrett Lain
Maryland Law Review
No abstract provided.