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Articles 1 - 30 of 110
Full-Text Articles in Law
Social Justice As A Necessary Guide To Public Health Disaster Response, Stephen S. Hanson
Social Justice As A Necessary Guide To Public Health Disaster Response, Stephen S. Hanson
Journal of Health Care Law and Policy
No abstract provided.
Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall
Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall
Journal of Health Care Law and Policy
No abstract provided.
The Individual Right Against Binary Identify, Colin Pochie
The Individual Right Against Binary Identify, Colin Pochie
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy
Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin
The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Race, Surveillance, Resistance, Chaz Arnett
Race, Surveillance, Resistance, Chaz Arnett
Faculty Scholarship
The increasing capability of surveillance technology in the hands of law enforcement is radically changing the power, size, and depth of the surveillance state. More daily activities are being captured and scrutinized, larger quantities of personal and biometric data are being extracted and analyzed, in what is becoming a deeply intensified and pervasive surveillance society. This reality is particularly troubling for Black communities, as they shoulder a disproportionate share of the burden and harm associated with these powerful surveillance measures, at a time when traditional mechanisms for accountability have grown weaker. These harms include the maintenance of legacies of state …
Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero
Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Regulating The Border, Eunice Lee
Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman
Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein
Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Thirty Years Later: Recalling The Gender Bias Report And Asking What's Next In The Legal Profession, Pamela J. White
Thirty Years Later: Recalling The Gender Bias Report And Asking What's Next In The Legal Profession, Pamela J. White
Maryland Law Review Online
No abstract provided.
Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney
Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney
Faculty Scholarship
United States immigration courts that decide asylum cases are situated within the Justice Department – a law enforcement agency deeply invested in enforcing border control – and are subordinate to the Attorney General, the nation’s politically appointed chief law enforcement officer. This institutional subjugation of immigration judges and the Board of Immigration Appeals challenges the system’s integrity and leaves people seeking protection promised by international treaty to the whims of an enforcement agency. Courts exacerbate the problem when they give Chevron deference to those Justice Department decisions rather than reviewing them rigorously. Given the prosecutorial nature of the Justice Department, …
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
Maryland Law Review
No abstract provided.
Response To The Influence Of Exile: Three Stories, Bill Quigley
Response To The Influence Of Exile: Three Stories, Bill Quigley
Maryland Law Review Online
When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.
Professor Rankin’s article examines the very big picture …
Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin
Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Influence Of Exile, Sara K. Rankin
The Influence Of Exile, Sara K. Rankin
Maryland Law Review
Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …
Sleep: A Human Rights Issue, Clark J. Lee
Sleep: A Human Rights Issue, Clark J. Lee
Homeland Security Publications
Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Maryland Law Review
No abstract provided.
“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler
“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler
Maryland Law Review
No abstract provided.
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman
Faculty Scholarship
Intergenerational justice does not require increased government regulation of reproductive technologies in the United States. Arguments tarring reproductive technologies as unnatural or immoral fail to withstand close scrutiny, and moreover ignore competing moral concerns like the liberty and equality of people to form families in different ways, as well as the interests of children born via assisted reproduction in having their families recognized just as coitally conceived children’s families are recognized. Embryo markets, in contrast, might present different challenges, requiring a separate analysis of their potential impact on intergenerational justice.
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
Maryland Law Review
No abstract provided.
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Faculty Scholarship
This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker
Maryland Journal of International Law
No abstract provided.
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Maryland Journal of International Law
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Maryland Journal of International Law
No abstract provided.
The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel
Maryland Journal of International Law
No abstract provided.
The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez
The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez
Maryland Journal of International Law
No abstract provided.
American Dreams, Trafficking Nightmares, Mariana C. Minaya
American Dreams, Trafficking Nightmares, Mariana C. Minaya
Student Articles and Papers
Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.