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Articles 1 - 30 of 46
Full-Text Articles in Law
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Maryland Law Review
No abstract provided.
Properties Of Intimacy, Emily J. Stolzenberg
Properties Of Intimacy, Emily J. Stolzenberg
Maryland Law Review
No abstract provided.
The Natural Gas Paradox: Shutting Down A System Designed To Operate Forever, Heather Payne
The Natural Gas Paradox: Shutting Down A System Designed To Operate Forever, Heather Payne
Maryland Law Review
No abstract provided.
Equality And Sufficiency In Health Care Reform, Gabriel Scheffler
Equality And Sufficiency In Health Care Reform, Gabriel Scheffler
Maryland Law Review
No abstract provided.
A Third Reconstruction, Rebecca Zietlow
“Trapped” In A Public Health Emergency: How Abortion Restrictions During The Covid-19 Pandemic Mirror Earlier Attacks On The Abortion Right And How Judicial Review Failed To Protect It, Nancy L. Dordal
Maryland Law Review
No abstract provided.
Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine, Brandon K. Wharton
Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine, Brandon K. Wharton
Maryland Law Review
No abstract provided.
De Facto Shareholder Primacy, Jeff Schwartz
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Maryland Law Review
No abstract provided.
American Legion V. American Humanist Ass'n: Exempting Longstanding Governmental Religious Displays From Establishment Clause Scrutiny And How The Endorsement Test Could Have Prevented It, M. Allison Hyde
Maryland Law Review
No abstract provided.
State V. Thomas: An Improper Extension Of Involuntary Manslaughter To Combat The Opioid Epidemic, Daniel P. Mooney
State V. Thomas: An Improper Extension Of Involuntary Manslaughter To Combat The Opioid Epidemic, Daniel P. Mooney
Maryland Law Review
No abstract provided.
Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga
Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga
Maryland Law Review
No abstract provided.
Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack
Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack
Maryland Law Review
No abstract provided.
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Maryland Law Review
No abstract provided.
21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron
21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron
Maryland Law Review
No abstract provided.
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
Maryland Law Review
No abstract provided.
Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri
Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri
Maryland Law Review
From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their “right of publicity”—a state-law tort that prohibits the unauthorized use of a person’s name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. But …
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Respect The Hustle: Necessity Entrepreneurship, Returning Citizens, And Social Enterprise Strategies, Priya Baskaran
Maryland Law Review
This Article will address a pervasive and growing problem for returning citizens—high rates of economic insecurity—and, as a novel solution, propose the creation of Economic Justice Incubators (“EJIs”) as a new, municipally-led social enterprise strategy. Mass incarceration is a national problem and requires comprehensive criminal justice reform. In contrast, the reentry process is locally focused due to a complex web of collateral consequences arising from state and local laws. An estimated 641,000 people return home from prison each year, many to economically distressed communities. Once released, the terms of their parole and the collateral consequences associated with their conviction restrict …
Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler
Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler
Maryland Law Review
Businesses have long tried to influence political outcomes, but today, there is a new and potent form of corporate political power—Platform Advocacy. Internet-based platforms, such as Facebook, Google, and Uber, mobilize their user bases through direct solicitation of support and the more troubling exploitation of irrational behavior. Platform Advocacy helps platforms push policy agendas that create favorable legal environments for themselves, thereby strengthening their own dominance in the marketplace. This new form of advocacy will have radical effects on deliberative democracy.
In the age of constant digital noise and uncertainty, it is more important than ever to detect and analyze …
The Perils Of Philanthrocapitalism, Eric Franklin Amarante
The Perils Of Philanthrocapitalism, Eric Franklin Amarante
Maryland Law Review
For over a century, philosophers, politicians, and sociologists have bemoaned philanthropy’s inherent antidemocratic, paternalistic, and amateuristic aspects. The antidemocratic nature of philanthropy is self-evident: When a wealthy person determines the best way to address a societal problem without the input of either society at large or the intended beneficiaries of the philanthropy, the result is a deficit of democracy. Philanthropy’s amateurism stems from the illogical belief that wealthy individuals ought to address some of the world’s most complex and intransigent problems simply because they successfully amassed a fortune in the private sector. The paternalism critique focuses on the assumption that …
Digital Expungement, Eldar Haber
Prisoners Of Fate: The Challenges Of Creating Change For Children Of Incarcerated Parents, Amy B. Cyphert
Prisoners Of Fate: The Challenges Of Creating Change For Children Of Incarcerated Parents, Amy B. Cyphert
Maryland Law Review
Children of incarcerated parents, the invisible victims of mass incarceration, suffer tremendous physical, psychological, educational, and financial burdens—detrimental consequences that can continue even long after a parent has been released. Although these children are blameless, policy makers, judges, and prison officials in charge of visitation policies have largely overlooked them. The United States Sentencing Commission Guidelines Manual explicitly instructs judges to ignore children when fashioning their parents’ sentences, and judges have largely hewed to this policy, even in the wake of the 2005 United States v. Booker decision that made those Guidelines merely advisory, not mandatory. Although some scholars have …
The Fragility Of Constitutional Democracy, Yasmin Dawood
The Fragility Of Constitutional Democracy, Yasmin Dawood
Maryland Law Review
Is the survival of constitutional democracy in America at serious risk? Given the actions of the Trump administration, and given the decline of democracy and concomitant rise of authoritarianism the world over, there is genuine cause for alarm. In light of these fears, it is worth remembering that the authors of The Federalist Papers were notably pessimistic about the survival chances of republican government. To what extent have their constitutional design innovations contributed to present woes, and conversely, to what extent will the Constitution ensure the survival of democracy? This Essay argues that while the design of the Constitution is …
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson
Maryland Law Review
No abstract provided.
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.
Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel
Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel
Maryland Law Review
No abstract provided.
Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene
Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene
Maryland Law Review
No abstract provided.
Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips
Sieglein V. Schmidt: Securing The Legitimacy Of All Children Created Through Assisted Reproductive Technology, Gabrielle C. Phillips
Maryland Law Review
No abstract provided.
Arrested Development: Rethinking The Contract Age Of Majority For The Twenty-First Century Adolescent, Wayne R. Barnes
Arrested Development: Rethinking The Contract Age Of Majority For The Twenty-First Century Adolescent, Wayne R. Barnes
Maryland Law Review
The contract age of majority is currently age eighteen. Contracts entered into by minors under this age are generally voidable at the minor’s option. This contract doctrine of capacity is based on the policy of protecting minors from their own poor financial decisions and lack of adultlike judgment. Conversely, the age of eighteen is currently set as the arbitrary age at which one will be bound to her contract, since this is the current benchmark for becoming an “adult.” However, this Article questions the accuracy of age eighteen for this benchmark. Until comparatively recently, the age of contract majority had …
Nonmarriage, June Carbone, Naomi Cahn
Nonmarriage, June Carbone, Naomi Cahn
Maryland Law Review
Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …