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Constitutional Law

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University of Maryland Francis King Carey School of Law

Fifth Amendment

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Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr. Apr 2016

Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.

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 Apr 2016

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 Apr 2016

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 Apr 2016

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, …


Foreword: Private And Public Revisited Once Again, Mark A. Graber Dec 2015

Foreword: Private And Public Revisited Once Again, Mark A. Graber

Maryland Law Review

No abstract provided.


Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik Jan 2013

Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik

Faculty Scholarship

The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …


The Spirit Of The Fifth Amendment Privilege- A Study In Judicial Method - Ullman V. United States, J. Elwood Armstrong Jan 1957

The Spirit Of The Fifth Amendment Privilege- A Study In Judicial Method - Ullman V. United States, J. Elwood Armstrong

Maryland Law Review

No abstract provided.