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Articles 1 - 30 of 116
Full-Text Articles in Law
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
Legal History Publications
After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …
Livingston & Gilchrist V. The Maryland Insurance Co. (1813): A Testament To Judicial Flexibility, Kathleen Lord Fallon
Livingston & Gilchrist V. The Maryland Insurance Co. (1813): A Testament To Judicial Flexibility, Kathleen Lord Fallon
Legal History Publications
Barely a month before Justice Brockholst Livingston joined the Supreme Court of the United States, a ship he commissioned with a cargo of $50,000, was captured by the British and condemned. The circumstances of the vessel’s voyage led to its capture; she sailed as an American merchant ship under a Spanish license with an American crew. When seized as a prize, the British found papers showing conflicting information concealed amongst the crew belongings. Justice Livingston tried to recoup his losses through an insurance policy with the Maryland Insurance Company, but was denied on the grounds that the voyage had been …
A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny
A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny
Homeland Security Publications
No abstract provided.
Capital's Offense: Law's Entrenchment Of Inequality, Frank A. Pasquale
Capital's Offense: Law's Entrenchment Of Inequality, Frank A. Pasquale
Faculty Scholarship
Reviewing Thomas Piketty, Capital in the Twenty-First Century (Harvard University Press, 2014)
Piketty’s Capital in the Twenty-First Century is a rare scholarly achievement. It weaves together description and prescription, facts and values, economics, politics, and history, with an assured and graceful touch. So clear is Piketty’s reasoning, and so compelling the enormous data apparatus he brings to bear, that few can doubt he has fundamentally altered our appreciation of the scope, duration, and intensity of inequality. This review explains Piketty’s analysis and its relevance to law and social theory, drawing lessons for the re-emerging field of political economy.
The university …
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank A. Pasquale
The Hidden Costs Of Health Care Cost-Cutting: Toward A Postneoliberal Health-Reform Agenda, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Law & Healthcare Newsletter, V. 22, No. 1, Fall 2014
Law & Healthcare Newsletter, V. 22, No. 1, Fall 2014
Law & Health Care Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 2014
Mid-Atlantic Ethics Committee Newsletter, Fall 2014
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Chinese Hackers And Their New Targets—Federal Employees, Ellen Cornelius
Chinese Hackers And Their New Targets—Federal Employees, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Business Law Bulletin, Fall 2014
Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale
Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale
Faculty Scholarship
Hidden algorithms drive decisions at major Silicon Valley and Wall Street firms. Thanks to automation, those firms can approve credit, rank websites, and make myriad other decisions instantaneously. But what are the costs of their methods? And what exactly are they doing with their digital profiles of us?
Leaks, whistleblowers, and legal disputes have shed new light on corporate surveillance and the automated judgments it enables. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only …
New York: Public Health Implications Of The 'Soda Ban' Ruling, Andrew Geltman
New York: Public Health Implications Of The 'Soda Ban' Ruling, Andrew Geltman
Homeland Security Publications
No abstract provided.
Testimony Before The Committee On Science, Space, And Technology, Subcommittee On Oversight And Environment, U.S. House Of Representatives Hearing On Status Of Reforms To Epa's Integrated Risk Information System, July 16, 2014, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker
Thinking Ahead - Implementing The Nist Cybersecurity Framework To Protect From Potential Legal Liability, Markus Rauschecker
Homeland Security Publications
No abstract provided.
Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann
Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann
Faculty Scholarship
In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
Maryland Law Review Online
No abstract provided.
University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski
University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski
Maryland Law Review Online
No abstract provided.
Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson
Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson
Court Briefs
No abstract provided.
Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle
Waldburger V. Cts Corporation: Ensuring The Plaintiff’S Day In Court As A Matter Of Principle, Jess Kyle
Maryland Law Review Online
No abstract provided.
Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival
Congressional Testimony
No abstract provided.
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Faculty Scholarship
Julie Cohen's Configuring the Networked Self is an extraordinarily insightful book. Cohen not only applies extant theory to law; she also distills it into her own distinctive social theory of the information age. Thus, even relatively short sections of chapters of her book often merit article-length close readings. I here offer a brief for the practical importance of Cohen’s theory, and ways it should influence intellectual property policy and scholarship.
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee
Faculty Scholarship
Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred. This article offers the simplest fix proposed thus far, and it is contrarian. This Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of compensation. The status quo is the baseline. The role of regulation should be to create the conditions necessary to induce competition. This article proposes that a small, recurring portion of revenue earned by the largest rating agencies …
Law & Health Care Newsletter, V. 21, No. 2, Spring 2014
Law & Health Care Newsletter, V. 21, No. 2, Spring 2014
Law & Health Care Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Spring 2014
Mid-Atlantic Ethics Committee Newsletter, Spring 2014
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland
Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland
C-DRUM Publications
No abstract provided.
Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg
Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg
Congressional Testimony
No abstract provided.