Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (9)
- Family Law (4)
- Bioethics and Medical Ethics (3)
- Civil Rights and Discrimination (3)
- Constitutional Law (3)
-
- Law and Gender (3)
- Medicine and Health Sciences (3)
- Environmental Law (2)
- Intellectual Property Law (2)
- Law and Race (2)
- Legal Profession (2)
- Administrative Law (1)
- American Politics (1)
- Criminal Procedure (1)
- First Amendment (1)
- Human Rights Law (1)
- Internet Law (1)
- Law and Society (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Writing and Research (1)
- Political Science (1)
- Securities Law (1)
- Social and Behavioral Sciences (1)
- Tax Law (1)
- Torts (1)
- Keyword
-
- Bioethics (3)
- Ethics (3)
- Genetics (2)
- Health care (2)
- Law (2)
-
- Maryland (2)
- Medicine (2)
- Nursing (2)
- Race (2)
- Tobacco (2)
- AIDS (1)
- Adversary advocacy (1)
- Advertising (1)
- Appellate courts (1)
- Attorney-client (1)
- Children (1)
- Christian love (1)
- Civil Rghts (1)
- Clickstream data (1)
- Client (1)
- Clinical practice (1)
- Commerce Clause (1)
- Data mining (1)
- Decision making (1)
- Decision-making (1)
- Disease (1)
- Domestic violence (1)
- Elections (1)
- Environment (1)
- Environmental law (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
Faculty Scholarship
Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.
This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …
The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival
The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival
Faculty Scholarship
Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance.
The paper argues that while federal common law initially performed a zoning function by encouraging polluters to relocate …
The Thin Line Between Love And Hate: Why Affinity-Based Securities And Investment Fraud Constitutes A Hate Crime, Lisa M. Fairfax
The Thin Line Between Love And Hate: Why Affinity-Based Securities And Investment Fraud Constitutes A Hate Crime, Lisa M. Fairfax
Faculty Scholarship
This article explores the parallels between the prototypical hate crime and affinity fraud—securities and investment fraud that targets identifiable religious, racial and ethnic groups—and asserts that those parallels justify treating affinity fraud as a hate crime.
Marriage Markets, Martha M. Ertman
In Practice, V. 4, No. 1, Fall 2003
Tobacco Regulation Review, V.2, No. 2, Sept. 2003
Tobacco Regulation Review, V.2, No. 2, Sept. 2003
Tobacco Regulation Review
No abstract provided.
Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young
Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young
Faculty Scholarship
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 2003
Mid-Atlantic Ethics Committee Newsletter, Summer 2003
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Spring 2003
Mid-Atlantic Ethics Committee Newsletter, Spring 2003
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Public Nuisance As A Mass Products Liability Tort, Donald G. Gifford
Public Nuisance As A Mass Products Liability Tort, Donald G. Gifford
Faculty Scholarship
No abstract provided.
Book Review: A Virtue Less Cloistered: Courts, Speech And Constitutions, Maxwell O. Chibundu
Book Review: A Virtue Less Cloistered: Courts, Speech And Constitutions, Maxwell O. Chibundu
Faculty Scholarship
No abstract provided.
Tobacco Regulation Review, V. 2, No. 1, April 2003
Tobacco Regulation Review, V. 2, No. 1, April 2003
Tobacco Regulation Review
No abstract provided.
Achieving The Right Balance In Oversight Of Physician Opioid Prescribing For Pain: The Role Of State Medical Boards, Diane E. Hoffmann, Anita J. Tarzian
Achieving The Right Balance In Oversight Of Physician Opioid Prescribing For Pain: The Role Of State Medical Boards, Diane E. Hoffmann, Anita J. Tarzian
Faculty Scholarship
No abstract provided.
Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks
Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns
A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
A Private-Rights Standing Model To Promote Public-Regarding Behaviour By Government Owned Corporations, Maxwell L. Stearns
A Private-Rights Standing Model To Promote Public-Regarding Behaviour By Government Owned Corporations, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
Appellate Courts Inside And Out, Maxwell L. Stearns
Appellate Courts Inside And Out, Maxwell L. Stearns
Faculty Scholarship
Commentary on "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeal" by Jonathan Matthew Cohen. Ann Arbor, University of Michigan Press, 2002.
Creating A Truth And Reconciliation Commission For Lynching, Sherrilyn A. Ifill
Creating A Truth And Reconciliation Commission For Lynching, Sherrilyn A. Ifill
Faculty Scholarship
No abstract provided.
Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas, Gordon G. Young, Keith Sharfman, Kate B. Briscoe
Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas, Gordon G. Young, Keith Sharfman, Kate B. Briscoe
Faculty Scholarship
No abstract provided.
Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends For Christ's Sake' : The Complicated Relationship Between Lawyer And Client, Robert J. Condlin
'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends For Christ's Sake' : The Complicated Relationship Between Lawyer And Client, Robert J. Condlin
Faculty Scholarship
Should lawyers love their clients and try to be their friends? Highly regarded legal scholars have defended the “lawyer-as-friend” analogy in the past, although usually on the basis of a more contractual understanding of friendship than the understanding currently in vogue. These past efforts were widely criticized on a variety of grounds, and after a period of debate, support for the analogy appeared to wane. That is until recently, when other scholars, looking at the topic from a more religious perspective, have asserted a refined version of the friendship analogy as the proper model for lawyer-client relations. It is this …
Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews
Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews
Faculty Scholarship
This is a critique by two non-white law professors in the form of a conversation about the relevance of feminist law journals on their lives and scholarship. We conclude that the impression that feminist scholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as …
Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy
Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy
Faculty Scholarship
No abstract provided.
What Makes Genetic Discrimination Exceptional?, Deborah Hellman
What Makes Genetic Discrimination Exceptional?, Deborah Hellman
Faculty Scholarship
No abstract provided.
Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky
Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky
Faculty Scholarship
This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns
Faculty Scholarship
No abstract provided.
Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns
Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns
Faculty Scholarship
No abstract provided.
Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer
Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer
Faculty Scholarship
Human iummuno-deficiency virus (HIV) illness in children poses tremendous challenges to medical providers and families to work together to deliver optimal care. An alternative to filing "neglect" reports with the Department of Social Services is necessary to provide support and appropriate intervention to families and medical providers caring for HIV-positive children.
The creation of a neutral entity that could intervene and identify barriers to treatment and communication between the medical providers and the family would benefit all the parties involved. Knowledgeable mediators could help facilitate communication and identify appropriate support for the child and family.
Intervention would not be delayed …
What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman
What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman
Faculty Scholarship
No abstract provided.