Law Commons^™

No Child Left Confined: Challenging The Digital Convict Lease, Chaz P. Arnett

Journal of Health Care Law and Policy

The following is a lightly edited transcript of comments provided at the Journal of Health Care Law & Policy’s Spring Symposium entitled “Uneasy Alignments: The Mental Health Turn in The American Legal System.” This event was hosted on March 16, 2023, by University of Maryland Francis King Carey School of Law in collaboration with the University of Maryland School of Social Work’s Daniel Thursz Social Justice Lecture Series. The Symposium examined how legal systems, like child welfare and juvenile law institutions, use coercion to force engagement or compliance with often unproven therapeutic interventions. The presentation took on the question of …

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.

The Automated Fourth Amendment, Maneka Sinha

Faculty Scholarship

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …

Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States, Donald B. Tobin, Ellen P. Aprill

Faculty Scholarship

Petitioners in Moore v. United States have argued to the Supreme Court that the word “incomes” in the Sixteenth Amendment authorizes only the taxation of “realized” income. Thus, they assert, a repatriation tax (referred to as MRT) in the Tax Cuts and Jobs Act is invalid because it taxes unrealized gains. While other briefs in the case explain that, as properly understood, the tax at issue taxes only realized gains, this brief counters the petitioners’ Sixteenth Amendment argument. It explains that economists, accountants, and lawyers in the early twentieth century all defined income in broad terms, embracing the definition of …

Mid-Atlantic Ethics Committee Newsletter, Fall 2023

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Center For Health & Homeland Security Newsletter, Spring 2023

Newsletter

No abstract provided.

The Unfinished Masterpiece: Compulsion And The Evolving Jurisprudence Over Free Speech, Jonathan Turley

Maryland Law Review

No abstract provided.

Guilty Minds, Michael Serota

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

“I Shall Not Forget Or Entirely Forsake Politics On The Bench”: Abraham Lincoln, Dred Scott, And The Political Culture Of The Judiciary In The 1850s, Rachel A. Shelden

Maryland Law Review

No abstract provided.

Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers, Jr.

Maryland Law Review

No abstract provided.

Reimagining A U.S. Corporate Tax Increase As A Supplemental Subtraction Vat, Daniel S. Goldberg

Faculty Scholarship

The U.S. federal government raises tax revenue almost exclusively through income taxes, both corporate and individual, whereas its trading partners and competitors rely for their national revenue on both income taxes and “destination-based” value added taxes (VATs), which are not imposed on exports but are imposed on imports. As a result, U.S. corporations, which are subject to U.S. corporate income tax, may be at a serious trade disadvantage to competitor non-U.S. corporations with respect to both U.S. domestic sales and foreign sales, if the U.S. corporate income tax exceeds the foreign country’s income tax imposed on those competitors.

The Biden …

Precedent, Reliance, And Morality At The End Of Roe V. Wade, Max Stearns

Maryland Law Review Online

No abstract provided.

Agendia, Inc. V. Becerra: Imposing A Dangerous Assumption Of Unworthiness To Local Coverage Determination, Yifan Wang

Journal of Health Care Law and Policy

No abstract provided.

Against Silence: Why Doctors Are Obligated To Provide Abortion Information, Michelle Oberman

Journal of Health Care Law and Policy

No abstract provided.

Revamping Part 2: An Analysis Of Revisions To The Federal Substance Use Disorder Treatment Confidentiality Regulations, Michelle Rackish

Journal of Health Care Law and Policy

No abstract provided.

A Phoenix From The Ashes: Reproductive Justice In A World Without Roe, Kimberly Mutcherson

Journal of Health Care Law and Policy

No abstract provided.

Table Of Contents

Journal of Health Care Law and Policy

No abstract provided.

Situating Dobbs, Paula A. Monopoli

Faculty Scholarship

The recent decision in Dobbs v. Jackson Women’s Health has been characterized as an outlier because its effect is to erase a previously recognized constitutional right. This paper situates Dobbs in a broader feminist constitutional history. It asks if this retrenchment is really such a unique turn in American jurisprudence when it comes to protections or “rights” that matter most to women’s lived experience. The paper argues that if one opens the aperture of constitutional history to embrace a more capacious view of rights, those afforded to women have often been eroded or erased by state legislatures, Congress, and courts. …

Environmental Evidence, Seema Kakade

Faculty Scholarship

The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including, criminal policing, housing, and health care. After all, the people with on the ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as non-experts with little valuable knowledge. This Article explores the lived experience with …

The Trap Chronicles Vol. 2: A Call To Reconsider “Risk” In Federal Supervised Release, Lahny Silva

Maryland Law Review

No abstract provided.

Federalism And The Right To Travel: Medical Aid In Dying And Abortion, Leslie Francis, John Francis

Journal of Health Care Law and Policy

No abstract provided.

Preventing Eviction And Housing Loss: Taking Advantage Of A One Health Approach And The Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, Paul Locke

Journal of Health Care Law and Policy

No abstract provided.

If A Social Media Platform Was An Intersection, Should Contract Law Or Free Speech Have The Right-Of-Way With Respect To User Content?, Jason R. Hildebrand

Journal of Business & Technology Law

No abstract provided.

High Time For Change: How Federal Cannabis Prohibition Dooms The Legal Cannabis Industry, Abraham Kruger

Journal of Business & Technology Law

No abstract provided.

Dobbs, Abortion Laws, And In Vitro Fertilization, Kerry Lynn Macintosh

Journal of Health Care Law and Policy

No abstract provided.

Public Land Management’S Future Place: Envisioning A Paradigm Shift, Sam Kalen

Maryland Law Review

No abstract provided.

The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks

Maryland Law Review

No abstract provided.

It’S Not Ok, Boomer: Preventing Financial Power-Of-Attorney Abuse Of Elders, Genevieve Mann

Maryland Law Review

No abstract provided.

The Democratic Imperative To Make Margins Matter, Daniel Wodak

Maryland Law Review

No abstract provided.