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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler
Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler
Maryland Law Review
Businesses have long tried to influence political outcomes, but today, there is a new and potent form of corporate political power—Platform Advocacy. Internet-based platforms, such as Facebook, Google, and Uber, mobilize their user bases through direct solicitation of support and the more troubling exploitation of irrational behavior. Platform Advocacy helps platforms push policy agendas that create favorable legal environments for themselves, thereby strengthening their own dominance in the marketplace. This new form of advocacy will have radical effects on deliberative democracy.
In the age of constant digital noise and uncertainty, it is more important than ever to detect and analyze …
The Perils Of Philanthrocapitalism, Eric Franklin Amarante
The Perils Of Philanthrocapitalism, Eric Franklin Amarante
Maryland Law Review
For over a century, philosophers, politicians, and sociologists have bemoaned philanthropy’s inherent antidemocratic, paternalistic, and amateuristic aspects. The antidemocratic nature of philanthropy is self-evident: When a wealthy person determines the best way to address a societal problem without the input of either society at large or the intended beneficiaries of the philanthropy, the result is a deficit of democracy. Philanthropy’s amateurism stems from the illogical belief that wealthy individuals ought to address some of the world’s most complex and intransigent problems simply because they successfully amassed a fortune in the private sector. The paternalism critique focuses on the assumption that …
1-Click Energy: Managing Corporate Demand For Clean Power, Gina S. Warren
1-Click Energy: Managing Corporate Demand For Clean Power, Gina S. Warren
Maryland Law Review
Globally, more private businesses, especially Fortune 100 companies are generating their own electricity, investing in renewable energy facilities, and voluntarily purchasing renewable energy credits to cover their carbon footprints. This shift could have a significant impact on the existing energy delivery system. On the one hand, this shift shows positive momentum toward the incorporation of clean energy into a fossil fuel dominated grid. As the negative impacts of climate change accelerate around the globe, decreasing reliance on fossil fuels is certainly an important goal. On the other hand, corporate disruption of what has historically been a highly regulated public service …
The Error Theory Of Contract, Matthew A. Seligman
The Error Theory Of Contract, Matthew A. Seligman
Maryland Law Review
Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false beliefs about contract law, it will contribute a new empirical study showing that between one-third and one-half of people falsely believe specific performance rather than damages is the remedy for breach.
The Article will then argue that people’s false beliefs about contract doctrine pose a fundamental …
The Final Countdown: California Public Employees’ Retirement System V. Anz Securities And The Sweeping Ban On Tolling Statutes Of Repose In Class Actions, Emily Kelsay
Maryland Law Review
No abstract provided.
Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman
Maryland Law Review
No abstract provided.
Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry
Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry
Maryland Law Review
No abstract provided.
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright
Maryland Law Review
Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking …
“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Kara N. Achilihu
“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Kara N. Achilihu
Maryland Law Review
No abstract provided.
Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly
Maryland Law Review
No abstract provided.
Parallel Enforcement And Agency Interdependence, Anthony O'Rourke
Parallel Enforcement And Agency Interdependence, Anthony O'Rourke
Maryland Law Review
Parallel civil and criminal enforcement dominates public enforcement of everything from securities regulation to immigration control. The scholarship, however, lacks any structural analysis of how parallel enforcement differs from other types of inter-agency coordination. Drawing on original interviews with prosecutors, regulators, and white-collar defense attorneys, this Article is the first to provide a realistic presentation of how parallel enforcement works in practice. It builds on this descriptive account to offer an explanatory theory of the pressures and incentives that shape parallel enforcement. The Article shows that, in parallel proceedings, criminal prosecutors lack the gatekeeping monopoly that traditionally defines their relationships …
Shawe V. Elting: The Imperfect Sale Of Transperfect Global, Inc., Sarah M. Samaha
Shawe V. Elting: The Imperfect Sale Of Transperfect Global, Inc., Sarah M. Samaha
Maryland Law Review
No abstract provided.
Positive Legal Education: Flourishing Law Students And Thriving Law Schools, Debra S. Austin
Positive Legal Education: Flourishing Law Students And Thriving Law Schools, Debra S. Austin
Maryland Law Review
No abstract provided.
Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson
Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson
Maryland Law Review
No abstract provided.
Equal Work, Stephanie Bornstein
Equal Work, Stephanie Bornstein
Maryland Law Review
Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …
Judicial Candidates’ Right To Lie, Nat Stern
Judicial Candidates’ Right To Lie, Nat Stern
Maryland Law Review
, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge, however, …
Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia
Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia
Maryland Law Review
No abstract provided.
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Maryland Law Review
No abstract provided.
In Memoriam: Clinton Bamberger
In Memoriam: The Honorable Howard S. Chasanow
In Memoriam: The Honorable Howard S. Chasanow
Maryland Law Review
No abstract provided.
Towards The Second Founding Of Federal Sentencing, Dawinder S. Sidhu
Towards The Second Founding Of Federal Sentencing, Dawinder S. Sidhu
Maryland Law Review
In 1987, the Nation’s first attempt to standardize federal sentencing came in the form of the United States Sentencing Guidelines. Following United States v. Booker, however, the Guidelines project began bending, and today it is now all but broken, besieged by complexity, undue severity, and the very disparities that it was designed to limit. This Article responds to this crisis by establishing the blueprint for an alternative federal sentencing model. Under this proposal, sentencing determinations would be based on statutory grades and unweighted aggravating and mitigating factors. This approach brings coherence to the purposes of punishment and, by deemphasizing …
Digital Expungement, Eldar Haber
Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington
Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington
Maryland Law Review
No abstract provided.
“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins
“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins
Maryland Law Review
The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts—including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting. Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.” Still today, critics maintain that the construct and/or is inherently ambiguous and should be avoided …
Prisoners Of Fate: The Challenges Of Creating Change For Children Of Incarcerated Parents, Amy B. Cyphert
Prisoners Of Fate: The Challenges Of Creating Change For Children Of Incarcerated Parents, Amy B. Cyphert
Maryland Law Review
Children of incarcerated parents, the invisible victims of mass incarceration, suffer tremendous physical, psychological, educational, and financial burdens—detrimental consequences that can continue even long after a parent has been released. Although these children are blameless, policy makers, judges, and prison officials in charge of visitation policies have largely overlooked them. The United States Sentencing Commission Guidelines Manual explicitly instructs judges to ignore children when fashioning their parents’ sentences, and judges have largely hewed to this policy, even in the wake of the 2005 United States v. Booker decision that made those Guidelines merely advisory, not mandatory. Although some scholars have …
The Privacy Of The Public Schools, Emily Suski
The Privacy Of The Public Schools, Emily Suski
Maryland Law Review
This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.
Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …