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Articles 1 - 15 of 15
Full-Text Articles in Law
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.
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.
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 …
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.
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.
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
Maryland Law Review Online
No abstract provided.
Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson
Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson
Maryland Law Review Online
No abstract provided.
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Faculty Scholarship
No abstract provided.
Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns
Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns
Faculty Scholarship
In Spokeo v. Robins, the Supreme Court granted certiorari to address the following question: Does Congress have the power to confer standing upon an individual claiming that a privately owned website violated its federal statutory obligation to take specified steps designed to promote accuracy in aggregating and reporting his personal and financial data even if the resulting false disclosures did not produce concrete harm? This somewhat arcane standing issue involves congressional power to broaden the scope of the first of three constitutional standing requirements: injury in fact, causation, and redressability. Although the case does not directly address the prudential …
HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber
HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber
Faculty Scholarship
No abstract provided.
Case Study: Webster V. Susquehanna Pole Line Company Of Harford County (1910), Alyssa E. Leonhardt
Case Study: Webster V. Susquehanna Pole Line Company Of Harford County (1910), Alyssa E. Leonhardt
Legal History Publications
At the turn of the 20th century, the State of Maryland witnessed an increase in the demand for hydroelectricity. Several public utility companies raced to construct a hydroelectric facility on the Susquehanna River, by which they could distribute electricity to Baltimore, Harrisburg, Philadelphia, and Wilmington. This case study examines the use of eminent domain by one such company, the Susquehanna Pole Line Company of Harford County, for the purpose of erecting a continuous transmission line, originating at McCall’s Ferry Dam, the first hydroelectric facility built on the Susquehanna River. This project was subsequently challenged by Harford County residents, whose property …
The Constitutional Dimensions Of Sports Franchise Takings: Lessons Learned From The Baltimore Colts, Travis Bullock
The Constitutional Dimensions Of Sports Franchise Takings: Lessons Learned From The Baltimore Colts, Travis Bullock
Legal History Publications
This paper chronicles the history of the Baltimore Colts up to and during that franchises’ relocation from Baltimore City to Indianapolis. Although Baltimore City attempted to prevent the relocation by taking the franchise through eminent domain, the Colts were no longer subject to Maryland’s, and therefore the city’s, jurisdiction. By moving, the Colts exposed an important limitation on State eminent domain authority; that condemned property must be located within a state’s territory in order to be subject to eminent domain. Further, the commerce clause would likely have prevented the city from condemning the Colts.