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Articles 1 - 30 of 68
Full-Text Articles in Entire DC Network
Criminal Doctrines Of Faith, David Jaros
Criminal Doctrines Of Faith, David Jaros
All Faculty Scholarship
Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants and a bulwark against overly aggressive law enforcement. But from arrest through trial, the Court has fashioned criminal constitutional procedure with a deep and abiding faith in the motivations of criminal justice system actors. Even decisions that vindicate individual constitutional rights at the expense of police and prosecutorial power are shaped by the Court’s fundamental trust in those same actors. They establish, in essence, “Criminal Doctrines of Faith.”
Criminal Doctrines of Faith pervade each stage of the criminal process — from cases …
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
Articles
Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …
Proposing A Single, Simpler Test For Cash Equivalency, Fred B. Brown
Proposing A Single, Simpler Test For Cash Equivalency, Fred B. Brown
All Faculty Scholarship
Under the cash method of accounting, generally taxpayers include income items that are received in the form of cash, checks, and property, in the year in which they are received. Under the cash equivalency doctrine, a promise to pay an amount in the future, even though it is a property right, generally will be included upon receipt only if the promise to pay constitutes a cash equivalent.
Whether an obligation is a cash equivalent is generally determined based on common law standards developed by the courts with some assistance from the Service. As a consequence, the current approach to cash …
Recent Developments: In Re J.J., Kelly Gillett
Recent Developments: In Re J.J., Kelly Gillett
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Porter V. State, Tyler Marie Duckett
Recent Developments: Porter V. State, Tyler Marie Duckett
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Lamalfa V. Hearn, W. Ryan Parry
Recent Developments: Lamalfa V. Hearn, W. Ryan Parry
University of Baltimore Law Forum
No abstract provided.
University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018)
University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018)
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Ceccone V. Carroll Home Services, Molly Miller
Recent Developments: Ceccone V. Carroll Home Services, Molly Miller
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Doe V. Alternative Medicine Maryland, Llc, Marrio B. Davis
Recent Developments: Doe V. Alternative Medicine Maryland, Llc, Marrio B. Davis
University of Baltimore Law Forum
No abstract provided.
Realizing "Meaningful" In Maryland: A Call For Reforming Maryland's Parole System In Light Of Graham, Miller, & Montgomery, Lila Meadows
Realizing "Meaningful" In Maryland: A Call For Reforming Maryland's Parole System In Light Of Graham, Miller, & Montgomery, Lila Meadows
University of Baltimore Law Forum
No abstract provided.
Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler
Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Green V. State, Taylor Koncen
Recent Developments: Green V. State, Taylor Koncen
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Moats V. State, Ryan Zabel
Recent Developments: Moats V. State, Ryan Zabel
University of Baltimore Law Forum
No abstract provided.
Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover
Baltimore City Schools Need Many Things - A Personal Police Force Is Not One Of Them, Kelli L. Cover
University of Baltimore Law Forum
No abstract provided.
Merging Inclusionary Zoning And Community Land Trusts To Increase Affordable Housing In Baltimore Without Displacing Neighborhoods, Chelsea King
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Johnson V. State, Calvin Riorda
Recent Developments: Johnson V. State, Calvin Riorda
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Seaborne-Worsley V. Mintiens, Chelsea King
Recent Developments: Seaborne-Worsley V. Mintiens, Chelsea King
University of Baltimore Law Forum
No abstract provided.
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
All Faculty Scholarship
No abstract provided.
The Decline Of Free Speech On The Postmodern Campus: The Troubling Evolution Of The Heckler's Veto, Kenneth Lasson
The Decline Of Free Speech On The Postmodern Campus: The Troubling Evolution Of The Heckler's Veto, Kenneth Lasson
All Faculty Scholarship
The Twenty-First Century has presented new challenges to the traditional ways that free speech in America has been encouraged and protected. While the right to express one’s opinions has become increasingly problematic in society at large, it is particularly imperiled in the very places that pride themselves as being open marketplaces of ideas – on college and university campuses.
Today we’re faced with numerous campus speech codes that substantially limit First-Amendment rights. They are ubiquitous and often cavalierly invoked. For civil libertarians the good news is that not one of the few such codes that have been tested in court …
The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler
The Abolitionist Movement Comes Of Age: From Capital Punishment As A Lawful Sanction To A Peremptory, International Law Norm Barring Executions, John D. Bessler
All Faculty Scholarship
The anti-death penalty movement is rooted in the Enlightenment, dating back to the publication of the Italian philosopher Cesare Beccaria’s treatise, Dei delitti e delle pene (1764). That book, later translated into English as An Essay on Crimes and Punishments (1767), has inspired anti-death penalty advocacy for more than 250 years. This Article traces the development of the abolitionist movement since Beccaria’s time. In particular, it highlights how the debate over capital punishment has shifted from one focused primarily on the severity of monarchical punishments, to deterrence, to one framed by the concept of universal human rights, including the right …
Progress Or Profit: Reconsidering The Shortened Statutory Period Scheme, Max Oppenheimer
Progress Or Profit: Reconsidering The Shortened Statutory Period Scheme, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
The Merger Incipiency Doctrine And The Importance Of "Redundant" Competitors, Peter C. Carstensen, Robert H. Lande
The Merger Incipiency Doctrine And The Importance Of "Redundant" Competitors, Peter C. Carstensen, Robert H. Lande
All Faculty Scholarship
The enforcers and the courts have not implemented the merger incipiency doctrine in the vigorous manner Congress intended. We believe one important reason for this failure is that, until now, the logic underlying this doctrine has never been explained. The purpose of this article is to demonstrate that markets’ need for “protective redundancy” explains the incipiency policy. We are writing this article in the hope that this will cause the enforcers and courts to implement significantly more stringent merger enforcement.
To vastly oversimplify, the current enforcement approach assumes that if N significant competitors are necessary for competition, N-1 competitors could …
The Perpetual “Invasion”: Past As Prologue In Constitutional Immigration Law, Matthew Lindsay
The Perpetual “Invasion”: Past As Prologue In Constitutional Immigration Law, Matthew Lindsay
All Faculty Scholarship
Donald Trump ascended to the presidency largely on the promise to protect the American people—their physical and financial security, their culture and language, even the integrity of their electoral system—against an invading foreign menace. Only extraordinary defensive measures, including “extreme vetting” of would-be immigrants, a ban on Muslims entering the United States, and a 2,000-mile-long wall along the nation’s southern border could repel the encroaching hordes. If candidate Trump’s scapegoating of unauthorized migrants and refugees was disarmingly effective, it was also eerily familiar to those of us who study the history of immigration law and policy. Indeed, the trope of …
Feminist Judgments & #Metoo, Margaret E. Johnson
Feminist Judgments & #Metoo, Margaret E. Johnson
All Faculty Scholarship
The Feminist Judgments book series and the #MeToo movement share the feminist method of narrative. Feminist Judgments is a scholarly project of rewriting judicial opinions using feminist legal theory. #MeToo is a narrative movement by people, primarily women, telling their stories of sexual harassment or assault. Both Feminist Judgments and #MeToo bring to the surface stories that have been silenced, untold, or overlooked. These narrative collections can and do effectuate genderjustice change by empowering people, changing perspectives, opening up new learning, and affecting future legal and nonlegal outcomes.
Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan
Houston Strong: A World Series Ring, But Is There A Problem With A Lack Of Zoning Laws?, Brady Getlan
University of Baltimore Journal of Land and Development
No abstract provided.
University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2
University Of Baltimore Journal Of Land And Development, Volume 7, Issue 2
University of Baltimore Journal of Land and Development
No abstract provided.
Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee
Ada Regulatory Compliance: How The Americans With Disabilities Act Affects Small Businesses, Joseph Chandlee
University of Baltimore Journal of Land and Development
No abstract provided.
How Will Technology Change Cities?, Klaus Philipsen
How Will Technology Change Cities?, Klaus Philipsen
University of Baltimore Journal of Land and Development
No abstract provided.
University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter
University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman
Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman
University of Baltimore Journal of International Law
International adoption has been lauded and derided by the public since its initial surge into popularity following the Second World War. While international adoptions are regulated by numerous legal instruments (international and domestic), problems of gender discrimination, exploitation, and human trafficking are widespread and systemic. This article examines the impacts of the circumspection of women’s rights generally and women’s reproductive rights on international adoption. Ultimately this article argues that foreign policy initiatives promoting women’s reproductive freedoms economic empowerment would mitigate the problematic features of international adoption and they would be an important step toward reducing adoption rates generally. This article …