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Articles 1 - 30 of 41
Full-Text Articles in Law
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Maryland Law Review
While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been …
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.
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 …
A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper
A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper
Maryland Law Review
No abstract provided.
Constitutional Incorporation: A Consideration Of The Judicial Function In State And Federal Constitutional Interpretation, Richard Boldt, Dan Friedman
Constitutional Incorporation: A Consideration Of The Judicial Function In State And Federal Constitutional Interpretation, Richard Boldt, Dan Friedman
Maryland Law Review
No abstract provided.
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn
Maryland Law Review
No abstract provided.
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
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.
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer
Maryland Law Review
No abstract provided.
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Maryland Law Review
No abstract provided.
Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch
Beyond Originalism: Conservative Declarationism And Constitutional Redemption, Ken I. Kersch
Maryland Law Review
No abstract provided.
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
Maryland Law Review
No abstract provided.
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
Maryland Law Review
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
Congressional Authority To Interpret The Thirteenth Amendment, Alexander Tsesis
Maryland Law Review
No abstract provided.
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Maryland Law Review
No abstract provided.
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain
Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel, Inc. V. United States, Linda C. Mcclain
Maryland Law Review
No abstract provided.
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
Maryland Law Review
No abstract provided.
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
Maryland Law Review
No abstract provided.
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward
Maryland Law Review
No abstract provided.
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Symposium - The Maryland Constitutional Law Schmooze - Foreword: Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Maryland Law Review
No abstract provided.
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Maryland Law Review
No abstract provided.
Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro
Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro
Maryland Law Review
No abstract provided.
Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller
Maryland Law Review
No abstract provided.
Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger
Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger
Maryland Law Review
No abstract provided.
Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary
Reversing A Trend: An As-Applied Approach Weakens The Boerne Congruence And Proportionality Test, Michael J. Neary
Maryland Law Review
No abstract provided.
Kelly V. South Carolina: Extending Due Process Creates An Untenable Standard For Determining When Capital Sentencing Juries Should Be Informed Of Parole Ineligibility, Paul M. Dillbeck
Maryland Law Review
No abstract provided.
J.E.B. V. Alabama Ex Rel. T.B.: The Supreme Court Moves Closer To Eimination Of The Peremptory Challenge
Maryland Law Review
No abstract provided.
Lis Pendens And Procedural Due Process: A Closer Look After Connecticut V. Doehr, Janice Gregg Levy
Lis Pendens And Procedural Due Process: A Closer Look After Connecticut V. Doehr, Janice Gregg Levy
Maryland Law Review
No abstract provided.
Deshaney V. Winnebago County: The Narrowing Scope Of Constitutional Torts, Garrett M. Smith
Deshaney V. Winnebago County: The Narrowing Scope Of Constitutional Torts, Garrett M. Smith
Maryland Law Review
No abstract provided.
The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida
The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida
Maryland Law Review
No abstract provided.