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Articles 1 - 27 of 27
Full-Text Articles in Entire DC Network
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Faculty Scholarship
Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument …
Freedom Of Dress: State And Private Regulation Of Clothing, Hairstyle, Jewelry, Makeup, Tattoos, And Piercing, Gowri Ramachandran
Freedom Of Dress: State And Private Regulation Of Clothing, Hairstyle, Jewelry, Makeup, Tattoos, And Piercing, Gowri Ramachandran
Maryland Law Review
No abstract provided.
Gender And Constitutional Design, Paula A. Monopoli
Gender And Constitutional Design, Paula A. Monopoli
Faculty Scholarship
Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …
From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
Faculty Scholarship
No abstract provided.
A Prayer For Constitutional Comparativism In Eighth Amendment Cases, David C. Gray
A Prayer For Constitutional Comparativism In Eighth Amendment Cases, David C. Gray
Faculty Scholarship
No abstract provided.
Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber
Enumeration And Other Constitutional Strategies For Protecting Rights: The View From 1787/1791, Mark A. Graber
Faculty Scholarship
This paper interprets the constitution of 1791 in light of the constitution of 1787. The persons responsible for the original constitution thought they had secured fundamental rights by a combination of representation, the separation of powers, and the extended republic. The Bill of Rights, in their view, was a minor supplement to the strategies previously employed for preventing abusive government practices. Proposed amendments were less a list of fundamental freedoms than an enumeration of those rights likely to appease moderate anti-Federalists. That many vaguely phrased rights lacked clear legal meaning was of little concern to their Federalist sponsors, who trusted …
Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint
Leading A Constitutional Court: Perspectives From The Federal Republic Of Germany, Peter E. Quint
Faculty Scholarship
This article, which was a contribution to a Symposium on the office of the Chief Justice of the United States, compares that office with the office of President of the Federal Constitutional Court of Germany. The article concludes that, while the American Chief Justice possesses more authority in most formal respects, the President of the German Court has on occasion exercised an informal public or private influence that goes well beyond anything of the sort that has been attempted (recently at least) by the American Chief Justice.
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Faculty Scholarship
This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the …
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? - Judicial Review In The United States And Germany, Peter E. Quint
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? - Judicial Review In The United States And Germany, Peter E. Quint
Faculty Scholarship
No abstract provided.
Popular Constitutionalism, Judicial Supremacy, And The Complete Lincoln-Douglas Debates, Mark A. Graber
Popular Constitutionalism, Judicial Supremacy, And The Complete Lincoln-Douglas Debates, Mark A. Graber
Faculty Scholarship
No abstract provided.
The Maryland/Georgetown Constitutional Law Schmooze - Foreword: From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber
Maryland Law Review
No abstract provided.
Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein
Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein
Maryland Law Review
No abstract provided.
Delegation To Courts And Legitimacy, Karol Soltan
Delegation To Courts And Legitimacy, Karol Soltan
Maryland Law Review
No abstract provided.
Distinguishing Formal From Institutional Democracy, Paul Frymer
Distinguishing Formal From Institutional Democracy, Paul Frymer
Maryland Law Review
No abstract provided.
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint
"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint
Maryland Law Review
No abstract provided.
Smoke, Not Fire, Neal Devins
The Justices And The Generals: A Critical Examination Of The U.S. Supreme Court's Tradition Of Deference To The Military, 1918-2004, Steven B. Lichtman
The Justices And The Generals: A Critical Examination Of The U.S. Supreme Court's Tradition Of Deference To The Military, 1918-2004, Steven B. Lichtman
Maryland Law Review
No abstract provided.
Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink
Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink
Maryland Law Review
No abstract provided.
Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine
Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine
Maryland Law Review
No abstract provided.
Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer
Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer
Maryland Law Review
No abstract provided.
Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux
Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux
Maryland Law Review
No abstract provided.
Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff
Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff
Maryland Law Review
No abstract provided.
Judicial Power And Mobilizable History, Richard A. Primus
Judicial Power And Mobilizable History, Richard A. Primus
Maryland Law Review
No abstract provided.
Juristocracy In The American States?, Robert F. Williams
Juristocracy In The American States?, Robert F. Williams
Maryland Law Review
No abstract provided.
Failed Lessons Of History: The Predictable Shortcomings Of The Partial-Birth Abortion Ban Act, Nancy Kubasek, Daniel Tagliarina
Failed Lessons Of History: The Predictable Shortcomings Of The Partial-Birth Abortion Ban Act, Nancy Kubasek, Daniel Tagliarina
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns
The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns
Faculty Scholarship
The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates concerns for federalism and separation of powers, both of which are rooted in the earliest part of our constitutional history, the new Court presents an ideal opportunity to critically assess existing doctrines and to develop new analytical paradigms. The Rehnquist Court succeeded for the first time in sixty years in imposing substantive limits on the scope of this important source of Congressional power. That Court proved far less successful, however, in developing a coherent normative theory that reconciles the …