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Articles 1 - 19 of 19

Full-Text Articles in Law

Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley Jan 2021

Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley

Maryland Law Review

No abstract provided.


Delaware's Peril, Marcel Kahan Jan 2021

Delaware's Peril, Marcel Kahan

Maryland Law Review

No abstract provided.


Benchmark Competition, Sue S. Guan Jan 2021

Benchmark Competition, Sue S. Guan

Maryland Law Review

No abstract provided.


Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner Jan 2021

Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner

Maryland Law Review

No abstract provided.


We Three Kings: Disintermediating Voting At The Index Fund Giants, Caleb N. Griffin Jan 2020

We Three Kings: Disintermediating Voting At The Index Fund Giants, Caleb N. Griffin

Maryland Law Review

No abstract provided.


Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack Jan 2020

Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack

Maryland Law Review

No abstract provided.


De Facto Shareholder Primacy, Jeff Schwartz Jan 2020

De Facto Shareholder Primacy, Jeff Schwartz

Maryland Law Review

No abstract provided.


Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler Jan 2020

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Maryland Law Review

No abstract provided.


Online Terms As In Terrorem Devices, Colin P. Marks Apr 2019

Online Terms As In Terrorem Devices, Colin P. Marks

Maryland Law Review

Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant’s terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hard-pressed to find a merchant that doesn’t try to impose them somewhere on their website. Though such terms and conditions are pervasive, most consumers do not …


Resurrecting Labor, Rick Bales Nov 2017

Resurrecting Labor, Rick Bales

Maryland Law Review

Participation in American labor unions has changed radically, albeit incrementally, over the last fifty years. Private-sector union density has declined five-fold, whereas public-sector density has increased almost as significantly. Today, unions rarely strike, and in much of the country, they are politically impotent. As traditional manufacturing declines and is replaced by on-demand work, unions risk becoming a historical footnote.

This Article ties the decline in union density and power to macroeconomic trends that are highly troubling in an advanced democracy, such as rising income inequality and the failure of wage growth to keep pace with gross domestic product (“GDP”) growth. …


Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck May 2016

Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck

Maryland Law Review

Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.

The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …


Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco Feb 2016

Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco

Maryland Law Review

No abstract provided.


The Social Enterprise Law Market, J. Haskell Murray Feb 2016

The Social Enterprise Law Market, J. Haskell Murray

Maryland Law Review

During the last seven years, over thirty states have passed at least one social enterprise statute. These social enterprise statutes allow the formation of a plethora of new entity types, including low-profit limited liability companies, benefit corporations, benefit limited liability companies, public benefit corporations, and social purpose corporations. Social enterprises have attracted increasing academic attention, but virtually nothing has been written on if and how states are competing for these entities. This Article attempts to fill that void, while also providing a history of the social enterprise forms, a comparative analysis, and recommendations for states that wish to engage in …


Disruption And Deference, Olivier Sylvain Jun 2015

Disruption And Deference, Olivier Sylvain

Maryland Law Review

No abstract provided.


Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said Jun 2015

Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said

Maryland Law Review

No abstract provided.


Enabling Patentless Innovation, Clark D. Asay May 2015

Enabling Patentless Innovation, Clark D. Asay

Maryland Law Review

No abstract provided.


The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan Jan 2012

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Maryland Law Review

No abstract provided.


Law And Macroeconomics Of The New Deal At 70 , Steven A. Ramirez Jan 2003

Law And Macroeconomics Of The New Deal At 70 , Steven A. Ramirez

Maryland Law Review

No abstract provided.


Hayekian Socialism , Richard A. Epstein Jan 1999

Hayekian Socialism , Richard A. Epstein

Maryland Law Review

No abstract provided.